TERMS OF USE AGREEMENT

Welcome to Ascendlaw. This Ascendlaw Law Firm Terms of Use agreement, (hereinafter the “Agreement”) is entered into between Ascendlaw, L.L.C, (hereinafter referred to as “Firm”) a Utah corporation with a principal place of business of 88 West 500 South, St. George, Utah, 84770 and the party (hereinafter “You”) accessing, using or otherwise utilizing this website or its services (hereinafter “the Site”) which is created, supported and/or operated by Ascendlaw L.L.C.

Please take the necessary time to carefully read and review this Agreement before you use, access or utilize this website. By using this website, you agree to be bound by the terms and conditions of use as set forth in this Agreement. Please be aware that this constitutes a legally binding agreement. As such, if you do not wish to be bound by the terms and conditions set forth herein, you should not utilize, access or otherwise use this website in any form and should leave this website immediately.

A. Firm agrees to provide you access to this Site only in accordance with

the terms and conditions set forth herein.

2. You understand and accept that Firm provides the materials available in the website as a service to the public at large. As such, all articles, materials and/or information displayed by Firm on the Site are solely for informational purposes and are not and are not intended to be considered, construed, or interpreted to be legal advice or a substitute for specific advice or counsel. Further, the materials contained herein are not to be considered as a substitute for hiring and/or consulting an attorney or legal counsel regarding questions you may have relating to the information available on this website. Therefore, if you have specific questions pertaining to any information available on this website, you should consult with an attorney who can fully research and/or assess your needs and specific circumstances.

3. You understand and accept that the Site is provided on an “as is, “as available” basis. As such, Firm reserves the right to make any changes, alterations, additions, deletions, corrections, amendments or modifications to the Site, including but not limited to the availability of and/or access to any content, feature, database, print material, web page material, service or product information presented or offered on Site, including pricing, at any time and at the discretion of Firm without prior notice or liability.

4. You understand and (agree) that it is the intent of Ascendlaw to provide the safest and most secure service available to the users of the Site, and to avoid any harm or harms that may arise from any and all statements which are or may be determined to be false, misleading, malicious or that may create harm to or infringe upon the rights of others. You understand, covenant, agree and promise that (1) you will abide the terms and conditions of use as set forth herein; (2) that you agree, covenant and promise and understand that you may not use any portion of the Site, its capabilities, its materials or its services for any purpose and/or activities which are deemed to be illegal or in direct conflict with applicable law or that infringe, inhibit or impair the rights of others; (3) you covenant, promise and agree that you may not and shall not use any means, method, device, tool or other automatic device such as a robot, spider, process or other means or method whereby one may monitor or copy the Site, materials, or information contained therein without the express written permission and consent of Firm; (3) that you agree, covenant and promise to use your true, real, legal name in any and all online or other electronic communications or transmission made in connection with this Site with the exception of those areas of the Site wherein anonymity is required and/or encouraged.

5. You understand and accept that your access to and/or use of the Site may cease and or be terminated at any time by either you or Firm for any reason whatsoever.

6. You understand and accept that the Terms and Conditions as set forth herein are subject to change at any time without notice or liability on the part of Firm, and further, that you should make yourself aware of any changes made herein by continual and/or periodic review of and/or examination of said Terms and Conditions of Use as set forth in the Site.

7. You warrant, represent, maintain, assert and covenant that you are at least 18 years of age, and further that you (1) shall not post, upload, transmit or otherwise distribute any material or materials which restrict, impair, inhibit or prevent any other user from their respective use and/or enjoyment of the Site (2) that you shall not post, upload, transmit or otherwise distribute any material or materials which have been determined to be unlawful, abusive, threatening, libelous, vulgar, defamatory, profane, pornographic, sexually explicit, or indecent or (3) constitutes or encourages conduct or action which would constitute a criminal offense, give rise to civil liability or otherwise violate any law or laws (4) violate, plagiarize or infringe on the rights of third parties, including without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right or interest; (5) contain a virus or other harmful component or any component intended to cause harm; (6) contain any information, software or other material of a commercial nature; (7) contain advertising of any kind; or (8) constitute or contain false or misleading indications of origin or statements of fact.

8. FIRM DOES NOT WARRANT OR REPRESENT THAT THE FUNCTIONS CONTAINED IN THE SITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE FREE OF DEFECT, ERROR FREE, OR UNINTERUPTED, OR THAT DEFECTS WILL BE CORRECTED OR THAT THE SERVER THAT MAKES IT AVALIABLE IS FREE FROM ANY VIRUSES OR OTHER HARMFUL COMPONENTS THAT MAY CAUSE OR INFLICT ANY HARM OR DAMAGE

9. The Site is protected by copyright as a collective work and/or compilation, subject and pursuant to United States copyright laws, international conventions and other copyright laws. As such, any and all materials contained herein and on the Site are subject to and protected by copyright, and are therefore owned or controlled by Ascendlaw L.L.C. or the party credited as the provider of the materials. Any copying, modification, republication, dissemination, storing or distribution of any content for any purpose other than for personal noncommercial use is expressly prohibited without the prior written authorization and or permission of Ascendlaw L.L.C. or the copyright holder identified in the individual content’s notice.

10. YOU ACKNOWLEDGE, COVENANT, UNDERSTAND AND AGREE THAT FIRM SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES, WHETHER THOSE DAMAGES ARE DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR GOODWILL, USE, DATA, LOSS OF PROFITS OR ANY OTHER INTANGIBLE LOSSES (EVEN IF ASCENDLAW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHICH MAY RESULT FROM THE USE AND/OR ACCESS TO USE THE SITE OR THE UNAUTHORIZED ACCESS TO OR MODIFICATION AND/OR ALTERATION OF YOUR TRANSMISSIONS OR DATA. IN THE EVENT THE FOREGOING LIMITATIONS OF LIABILITY AS DESCRIBED AND SET FORTH HEREIN SHALL BE HELD UNENFORCABLE OR INAPPLICABLE, YOU AGREE, CONSENT, COVENANT AND ACKNOWLEDGE THAT FIRM AND/OR ITS AFFILIATES AGGREGATE LIABILITY SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).

11. You covenant and agree to indemnify, defend, and hold Firm and all its officers, directors, owners, agents, employees, information providers, affiliates, licensors and licensees (collectively, the “Indemnified Parties”) harmless from and against any and all liability and losses, damages, costs, which may be incurred from the Indemnified Parties, including but not limited to reasonable attorneys fees and any costs and fees thereunto appertaining, as that relates to, in connection with or resulting from any violation of this Agreement by you. The provisions of this Paragraph J are for the benefit of Firm, its employees, officers, directors, agents, providers, affiliates, associates, licensors and licensees to the service. Each of these entities and individuals shall have the right to assert and/or enforce the provisions set forth in this Paragraph J directly against you on its own behalf.

12. You understand, acknowledge and agree that communications and/or transmissions from the Site are not confidential. As such, any unprotected e-mails, communications and/or transmissions may be intercepted, viewed, altered, read or accessed by other individuals or entities. Further, you understand and acknowledge that Firm is not responsible for and will not be subject to liability from you or any third-party for damages resulting from or in connection with an e-mail, communication or transmission sent by you to Firm or from Firm to you, or any individual, group, entity other party you designate for any breach of security associated to or in connection with the transmission or communication of any sensitive information through the Site or any linked site associated therewith.

13. You understand, acknowledge and agree that no confidential, fiduciary, contractually implied or other relationship is created or intended between you and Firm by or through your use of the Site other than as that use is narrowly and strictly defined and set forth pursuant to the Agreement and any subsequent written agreement (such as a Retainer Agreement) entered into with Firm.

14. Firm asserts and maintains and reserves the right and authority to monitor all postings or any other materials posted on the Site and/or remove the same should the materials posted on the Site be deemed, through the discretion and judgment of Firm, its officers, agents, employees, licensors or licensees to be deemed offensive, inappropriate or otherwise a violation or breach of the Terms and Conditions as set forth herein. Further, Firm asserts, maintains and reserves the right to disclose and/or reveal any information as required or necessary to satisfy any government request or applicable law. Firm also asserts, maintains and reserves the right to refuse to post or to remove any materials or information in whole or in part that it believes in its discretion and judgment to be offensive or objectionable or in direct violation of the terms of use as set forth herein.

15. Firm does not and shall not warrant, represent, assert, maintain or endorse the reliability and/or the accuracy of any opinion, statement, content, memorandum, advice or information contained in, distributed or displayed through the Site, including but not limited to links to or other websites or internet destinations or portals. You understand, acknowledge and agree that Firm reserves, maintains and asserts the right pursuant to and in connection with its sole judgment and discretion, to correct any omissions errors or erasures on any portion or section of the Site. You understand, acknowledge and agree that connecting to or linking with any other website or internet destination or portal is done at your own risk and Firm shall not be held liable or responsible for any damages you may suffer in connection with or through your linking or accessing another website or internet destination, and further that the Firm accepts no liability nor makes any endorsement, approval of, or acceptance of the same.

16. This Agreement encompasses, encapsulates and contains the entire understanding between you and Firm as pertaining to and in relation with use and utilization of the Site, and that no statement, representation, assertion or inducement either in written or verbal form not expressly set forth and contained herein shall be binding upon either party.

17. You understand, acknowledge and agree that should any portion or portions of this Agreement be held to be or declared to be invalid, nullified, or unenforceable by any court of competent jurisdiction, the same shall not affect nor alter the validity of any or all remaining portions of this Agreement and that said remaining portions shall remain in full force and effect as if the invalid portion or portions of the Agreement had been removed and/or eliminated.

18. The Firm’s failure of enforcement or insistence upon strict performance of any or all provisions of this Agreement will not be nor shall be construed, interpreted or act as a waiver of any provision or right. Nor shall the conduct or course of conduct between the respective parties nor trade practice or practices act to modify, alter change or amend any provision of this Agreement. Firm may assign any and all duties rights and obligations under this Agreement to any party at any time without prior notice to you.

19. You understand, acknowledge and agree that you assume full, complete and total responsibility for your individual use of the Site and use of the Internet. Firm does not nor shall it make any implied or express warranty or warranties, endorsements, assertions, representations whatsoever (including but not limited to warranties of title or non infringement, or the implied warranty or warranties of merchantability and/or fitness for a particular purpose or purposes) as pertaining to and regarding the Site and Firm is not nor shall be held liable for any damage, cost, damages or costs arising directly or indirectly from your use and/or utilization of the Site.

20. This Site and/or any materials or information provided or derived from it, and the Terms of Use Agreement as set forth herein, and given, created, made and produced in the State of Utah, United States of America, and said Terms of Use Agreement SHALL BE GOVERNED BY AND CONSTRUED PURSUANT TO AND IN ACCORDANCE WITH THE APPLICABLE LAWS OF THE STATE OF UTAH as said laws of the State of Utah apply to agreements made and to be performed in Utah, WITHOUT REGARD TO ANY CONFLICT OF LAWS PROVISIONS.

21. You understand, acknowledge, agree and covenant that any and all legal action or proceeding between you and Firm for any purpose or purposes stemming from or in connection to this Agreement or the obligations, duties or covenants entered into between the parties as set forth herein, shall be brought exclusively in a Federal or State court of competent jurisdiction within the State of Utah, United States of America, in the County of Salt Lake, State of Utah.