The Terms of Use below outline your obligations when using the Mobile Capital Network website.

Acceptance of Terms

The web pages available at mobilecapital.net, and all linked pages ("Website"), are owned and operated by Mobile Capital Network Inc. ("MCN"), an Ontario corporation, and is accessed by you under the Terms of Use described below ("Terms of Use").

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SERVICES. BY ACCESSING THIS SITE OR USING ANY PART OF THE SITE OR ANY CONTENT OR SERVICES (AS EACH IS DEFINED BELOW) ON THE SITE, YOU AGREE TO BECOME BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS, THEN YOU MAY NOT ACCESS THE SITE OR USE THE CONTENT OR ANY SERVICES IN THE SITE. MCN'S ACCEPTANCE IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL OF THESE TERMS AND CONDITIONS, TO THE EXCLUSION OF ALL OTHER TERMS; IF THESE TERMS AND CONDITIONS ARE CONSIDERED AN OFFER BY MCN, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.

Website Modifications

You acknowledge and agree that MCN reserves the right at any time to modify or discontinue the whole, or any part of, the Websites, without notice to you, and that MCN will not be responsible or liable, directly or indirectly, to you or any other person in any way for any loss or damage of any kind incurred as a result of, or in connection with, any such modifications or discontinuance.

No Advice or Solicitation

THE WEBSITES ARE PROVIDED FOR CONVENIENCE AND INFORMATIONAL PURPOSES ONLY. THE WEBSITES ARE NOT INTENDED TO BE A COMPREHENSIVE OR DETAILED STATEMENT CONCERNING ANY MATTERS ADDRESSED, AND SHOULD NOT BE USED OR CONSTRUED AS AN OFFER TO SELL, A SOLICITATION OF AN OFFER TO BUY, OR AN ENDORSEMENT, RECOMMENDATION, OR SPONSORSHIP OF, ANY PRODUCT OR SERVICE OR AS A SUBSTITUTE FOR COMPETENT AND PROFESSIONAL ADVICE WITH RESPECT TO ANY MATTERS ADDRESSED, INCLUDING WITHOUT LIMITATION FINANCIAL, HEALTH OR OTHER LEGAL MATTERS. YOU SHOULD APPLY YOUR OWN JUDGMENT IN MAKING USE OF ANY SERVICES OR CONTENT PROVIDED ON OR THROUGH THE WEBSITES, INCLUDING, WITHOUT LIMITATION, THE USE OF ANY INFORMATION CONTAINED THEREIN AS THE BASIS FOR ANY CONCLUSIONS. YOU BEAR RESPONSIBILITY FOR YOUR OWN RESEARCH AND DECISIONS REGARDING THE PURCHASE OF ANY PRODUCT OR SERVICE. MCN DOES NOT PROVIDE OR GUARANTEE ANY ADVICE REGARDING THE SUITABILITY OR POTENTIAL VALUE OF ANY PARTICULAR PRODUCT OR SERVICE.

General Disclaimer

YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK.

THE WEBSITES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND WITHOUT ANY REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY REPRESENTATION, WARRANTY OR CONDITION REGARDING THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY CONTENT, TECHNOLOGY OR SERVICES CONTAINED ON OR ACCESSIBLE THROUGH THE WEBSITES. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MCN MAKES NO CONDITION, REPRESENTATION OR WARRANTY THAT: THE WEBSITES WILL BE COMPATIBLE WITH YOUR COMPUTER AND SOFTWARE; THE WEBSITES WILL BE AVAILABLE OR WILL FUNCTION WITHOUT INTERRUPTION OR ERROR; THE CONTENT WILL BE ACCURATE, COMPLETE, OR TIMELY; THE USE OF THE WEBSITES, INCLUDING THE BROWSING AND DOWNLOADING OF ANY CONTENT OR TECHNOLOGY, WILL BE FREE OF ANY VIRUSES, TROJAN HORSES, WORMS OR OTHER DESTRUCTIVE OR DISRUPTIVE COMPONENTS; THE TRANSMISSION OF INFORMATION TO AND FROM THE WEBSITES WILL BE SECURE; OR THE USE OF THE WEBSITES WILL NOT INFRINGE THE RIGHTS (INCLUDING INTELLECTUAL PROPERTY RIGHTS) OF ANY PERSON.

FURTHER, THROUGH YOUR USE OF THE WEBSITES YOU MAY HAVE THE OPPORTUNITY TO ENGAGE IN COMMERCIAL TRANSACTIONS WITH OTHER PERSONS. ALL SUCH TRANSACTIONS ARE AT YOUR OWN RISK. MCN IS NOT A PARTY TO ANY SUCH TRANSACTIONS AND DISCLAIMS ANY AND ALL LIABILITY REGARDING ALL SUCH TRANSACTIONS.

Limitation of Liability

MCN WILL NOT UNDER ANY CIRCUMSTANCES BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OR ANY DAMAGES FOR LOSS OF USE, PRODUCTION, INCOME OR PROFITS (ANTICIPATED OR OTHERWISE), SAVINGS OR GOODWILL, ECONOMIC LOSS, OR OTHER INTANGIBLE LOSS, WHETHER IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE IN ANY DEGREE) OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, ARISING FROM, CONNECTED WITH, OR RELATING TO THE WEBSITES (INCLUDING THE USE, INABILITY TO USE , OR PERFORMANCE OF THE WEBSITES), AND REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING BY MCN, ITS EMPLOYEE OR REPRESENTATIVES, AND NOTWITHSTANDING THAT MCN MAY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES BEING INCURRED OR COULD HAVE FORESEEN THE POSSIBILITY OF SUCH DAMAGES.

YOU EXPRESSLY ACKNOWLEDGE THAT MCN HAS ENTERED INTO THIS AGREEMENT, AND HAS AND WILL MAKE THE WEBSITES, INCLUDING WITHOUT LIMITATION ALL CONTENT AND SERVICES, AVAILABLE TO YOU, IN RELIANCE UPON THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND THE DISCLAIMERS SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND MCN. YOU EXPRESSLY AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND THE DISCLAIMERS SET FORTH HEREIN WILL SURVIVE, AND CONTINUE TO APPLY IN THE CASE OF, A FUNDAMENTAL BREACH OR BREACHES, THE FAILURE OF ESSENTIAL PURPOSE OF CONTRACT, THE FAILURE OF ANY EXCLUSIVE REMEDY, OR TERMINATION OF THIS AGREEMENT.

PLEASE NOTE THAT THE EXCLUSION OF CERTAIN WARRANTIES AND THE LIMITATION OF CERTAIN LIABILITIES IS PROHIBITED BY LEGISLATION IN SOME JURISDICTIONS. SUCH LEGISLATIVE LIMITATIONS MAY APPLY TO YOU.

Indemnity

You agree to defend, indemnify and hold MCN, its affiliates, suppliers, licensors, licensees, co-branders, information providers, service providers, partners, directors, officers, employees, agents and other related parties, harmless from and against any and all liabilities, claims, costs and expenses, including without limitation reasonable attorneys' fees and expenses, in connection with any claim or demand arising from, related to, or in connection with, your: (a) violation of this Agreement, (b) use of the Websites, or (c) placement, posting or transmission of any message, information, software or other content on or through the Websites. Further, you will assist and cooperate as fully as reasonably required by MCN in the defence of any such claim or demand.

Intellectual Property

MCN, and applicable third parties, hold all right, title, and interest in and to the Websites, including without limitation all Content and Technology. You acknowledge that the Content and Technology is protected by Canadian and international copyright, patent, trademark, and other applicable intellectual property laws. You may print or download the pages of the Websites solely for your lawful and personal use provided that you do not modify any of the Website pages or other Content and you do not remove or alter any visible or non-visible identification, marks, notices, or disclaimers. Notwithstanding the foregoing, your use of the Websites does not grant or transfer to you any ownership or other rights in the Websites, and except as expressly provided, nothing herein or within the Websites shall be construed as conferring to you or any other person any license under any of MCN's or any third party's intellectual property rights (whether by estoppel, implication, waiver, or otherwise), including without limitation any right to rent, lease, loan, copy, download, display, perform, reproduce, distribute, sell, modify, edit, alter or enhance any of the Content, or part thereof, or Technology, or part thereof, in any manner. You agree not to access the Websites by any means other than through any interface that is specifically provided by MCN for use in accessing the Websites.

Prohibited Acts

Prohibited Acts. Concerning your use of the Website, you agree not to knowingly:

(a) use any device, software or technique to interfere with or attempt to interfere with the proper working of the Website;

(b) post or transmit to the Website any unlawful, fraudulent, harassing, libellous, or obscene information of any kind;

(c) post or send to the Website any information that contains a virus, bug, or other harmful item;

(d) publish, perform, distribute, prepare derivative works, copy, reverse engineer, or use the content (other than as expressly permitted herein);

(e) post or transmit into or on the Web site any information in violation of another party's copyright or intellectual property rights;

(f) take any action which imposes an unreasonable or disproportionately large load on MCN's infrastructure;

(g) redeliver any of the content using "framing", hyperlinks, or other technology without express written permission; or,

(h) use any device or technology to provide repeated automated attempts to access password-protected portions of the Website.

Governing Law and Jurisdiction

These Terms of Use shall be governed by, construed, interpreted, and enforced in accordance with the laws of the Province of Ontario and the laws of Canada applicable in Ontario. Each of the parties irrevocably submits to the nonexclusive jurisdiction of the courts of Ontario. No party will oppose the enforcement against it in any other jurisdiction of any judgment or order duly obtained from an Ontario court respecting these Terms of Use. Any action you, any third party or MCN bring to enforce these Terms of Use or, in connection with, any matters related to this web site shall be brought only in the courts of the Province of Ontario, and you expressly consent to the jurisdiction of said courts.

Termination

MCN may at any time, without notice, in its sole discretion and without cause, terminate your right to access or use the Web site, (or any portion thereof). MCN may also terminate your right to access and use the Web site, or any part of the Web site, if you breach any term or condition of this Agreement.

Severability

If any provision of these Terms of Use is found by a court of competent jurisdiction to be unlawful, void, or for any reason unenforceable, the remainder of these Terms of Use shall continue in full force and effect.