ENDURA ADVISORY GROUP

TERMS OF USE

Effective as of April 27, 2011

Welcome to www.endurasa.com (the “Site”) the website and online presence of Endura Advisory Group GP, LLC (“Endura”, “we”, or “us”).

THE TERMS OF USE SET FORTH BELOW (THE "TERMS") GOVERN YOUR USE OF THE SITE VIA THE INTERNET, THE WORLD WIDE WEB, MOBILE NETWORKS, OR ANY OTHER COMMUNICATION METHODS NOW KNOWN OR IN THE FUTURE DEVELOPED.   IN CONSIDERATION FOR ACCESS TO AND/OR USE OF THE SITE, YOU ("YOU", “YOUR”, “USER”, OR, COLLECTIVELY, "USERS”) AGREE TO READ THE TERMS CAREFULLY BEFORE ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THE TERMS, AND YOU AGREE TO BE BOUND BY THE TERMS.  THE TERMS ARE A LEGAL CONTRACT BETWEEN YOU AND ENDURA, AND GOVERN YOUR ACCESS TO AND/OR USE OF THE SITE. IF YOU DO NOT AGREE WITH ANY OF THE TERMS, CLOSE THE SITE DOWN IMMEDIATELY AND DO NOT ACCESS OR OTHERWISE USE WWW.ENDURASA.COM OR ANY INFORMATION CONTAINED ON THE SITE.

1. I.Definitions.

1. a.“Affiliate” means any business entity with which Endura has a business or contractual relationship, including, but not limited to, agents, partners, associates, and parent or subsidiary entities.

1. b. “Content” means any intellectual property, data, or communications Transmitted via the Site by Endura or Users including, but not limited to, articles, audio, blog postings, comments, documents, editorial content, featured site profiles, files, images, listings, logos, messages, music, photos, postings, questions and answers, ratings, recommendations, reviews, sounds, site profiles, tags, text, trademarks, or videos.

1. c.“Endura Content” means Content Transmitted by Endura.

1. d.“Endura Technology" means the past, present and future intellectual property comprising the Site, including, but not limited to, all software, code processes, algorithms, user interfaces, know-how, techniques, organization, designs, text, images, photographs, illustrations, audio or video material, artwork, graphic material, podcasts, advertising copy, databases, proprietary information, all copyrightable or otherwise legally protectable elements of the Site and all other tangible or intangible materials related to, displayed, performed, or distributed on the Site and the Site itself, including, but not limited to, the selection, sequence, "look and feel", and arrangement of items on the Site, and all Endura trademarks, domain names, patents, and other intellectual property.

1. e. “Transmit” means uploading, submitting, posting, distributing, downloading, disseminating, receiving, or otherwise making available Content.

1. f.“User” means an individual who accesses and/or uses the Site.

1. g.“User Content” means any Content Transmitted by Users.
2. h.“Your Content” means any Content You Transmit via the Site.

1. II.Age Requirement. THE SITE IS NOT INTENDED FOR CHILDREN. IF YOU ARE UNDER 18 YEARS OF AGE, THEN YOU MAY NOT ACCESS OR USE THE SITE AT ANY TIME OR IN ANY MANNER. BY USING THE SITE, YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OF AGE AND HAVE NOT BEEN PREVIOUSLY SUSPENDED OR REMOVED FROM THE SITE.

1. III.Privacy. Endura respects Your privacy and is committed to protecting the personally-identifiable information we collect from all Users as You access and/or use the Site via the internet, the world wide web, mobile networks, or any other communication methods now known or in the future developed. Your use of the Site is governed by the Site’s Privacy Policy, and is hereby incorporated into the Terms of Use by reference. Please read this notice carefully for information related to Endura’ collection, use, and disclosure of Your personal information.

1. IV.Change of Terms of Use. Endura or an Affiliate may modify, alter, or otherwise update the Terms at any time. Such modifications shall be effective immediately upon posting. You are responsible for regularly reviewing the Terms. Your continued access to and/or use of the Site constitutes Your agreement to all such modifications.

1. V.Endura Content. Unless otherwise noted, all Content on the Site is Endura Content and is owned, controlled, or licensed by Endura and is protected by copyright, trademarks, service marks, and/or other intellectual property rights. You agree that You shall acquire no rights in Endura Content unless otherwise noted in writing by Endura. You may not copy, reproduce, frame, republish, download, upload, post, transmit, distribute, hyperlink, or exploit Endura Content for commercial use in any way without the prior written consent of Endura. You may not take any of the following actions or encourage others to take the following actions: 1) use the Site to increase traffic to Your website for commercial reasons, such as advertising or sales; 2) take any action that imposes an unreasonable or disproportionately large load on the Site’s infrastructure; 3) “scrape” the Site, or use any bot, spider, scraper, data miner, or automated agent to access and/or or use the Site or gain access to and/or use any Content on the Site; 4) take Content from the Site and reformat and display said Content, or mirror and/or frame any pages of the Site on any other website; or 5) attempt to decipher, decompile, disassemble, or reverse engineer any Content. You acknowledge that if You violate this provision of the Terms, in addition to all other remedies available to Endura, we will be entitled to liquidated damages in the amount of id="mce_marker"0,000. You agree and acknowledge that these liquidated damages are a fair and accurate estimate of Endura‘s actual damages resulting from a breach of this provision and shall not be construed as penalty or punitive damages against

1. a.License to Access and/or Use. Endura grants You a limited, personal, non-exclusive, non-transferable, freely revocable license to access and/or use Endura Content & Endura Technology that is on the Site solely for the purpose of learning about Endura’s services. You acknowledge and agree that with exception to this limited license You have no right to modify, edit, copy, reproduce, create derivative works, or reverse engineer, alter, enhance, or in any way exploit any of the Endura Content in any manner unless otherwise noted in writing by Endura. This limited license terminates automatically, without notice to You, if You breach any of the Terms.

1. b.Reservation of Rights. Endura reserves all rights not expressly granted in the Terms unless otherwise noted in writing by Endura.

1. c.Prevention of Unauthorized Use. Endura reserves the right to exercise whatever lawful means it deems necessary to prevent unauthorized use of the Site and Endura Content, including, but not limited to, technological barriers, IP mapping, and directly contacting Your Internet Service Provider (ISP) regarding such unauthorized use.

1. VI.User Content. Users may Transmit User Content to Endura via the Contact Us function on the Site and via the email addresses and fax number provided on the Site.

1. a.Retention of Ownership. Endura does not claim any ownership rights in Your Content. After You Transmit Your Content to Endura, You continue to retain ownership of Your Content, and You continue to have the right to use and license Your Content in any way You choose. Any of Your Content transmitted via Endura Technology needs to comply with the Terms

1. b.License Grant to Endura. By Transmitting Your Content to Endura, You thereby grant Endura a worldwide perpetual sub-licensable right and license to use, display, perform, distribute, modify, adapt, abridge, exploit, and promote Your Content in any way and in any commercial or non-commercial medium or form without compensation.

1. c.User Content Representations and Warranties. You are solely responsible for Your Content and all the consequences of Transmitting YourBy Transmitting Your Content, You affirm, represent, and warrant that (i) You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and Endura to use Your Content as necessary to exercise the licenses granted by You in this section and in the manner contemplated by Endura and the Terms; (ii) Your Content does not and will not slander, defame, or libel any other person; (iii) the use of Your Content as permitted herein does not and will not infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (iv) Your Content does not contain any viruses, adware, spyware, worms, or other malicious code; and (v) Your Content is free of any digital rights management, including any software designed to limit the number of times Your Content may be copied or played. Violators of the Terms may be subject to criminal and civil liability.  Endura reserves all rights and remedies against any Users who violate the Terms.

1. VII. Unsolicited Suggestions. Endura welcomes Your feedback and is open to suggestions made by Users. By submitting unsolicited suggestions, You agree that Endura may, but shall have no obligation to, use, modify, distribute, copy, and otherwise exploit such suggestions in any manner, as Endura sees fit, without restriction or limitation of any kind, and You grant to Endura a paid-in-full, worldwide perpetual, irrevocable, royalty-free license to do so and to allow others to do so, and agree not to permit or prosecute any action or lawsuit on the ground that Endura’s use or alleged use of a suggestion infringes any of Your rights.

1. VIII.Links to Other Websites or Services. The Site may include links or references to other websites or services (“Linked Sites”). Linked Sites are provided for Your convenience and information only. Endura does not control the availability and content of Linked Sites. Access and/or use of Linked Sites, including the information, materials, products, and services on or available through Linked Sites is solely at Your own risk. Any concerns regarding Linked Sites, or any information, resources, or services therein, should be directed to the operator of the particular Linked Site.

1. IX.Changes to the Site. Endura or an Affiliate may discontinue or change any Content, service, function, or feature of the Site at any time with or without notice.

1. X.TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ENDURA, OUR SUPPLIERS, LICENSORS, AND AFFILIATES, DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS WITH REGARDS TO THE SITE AND ALL CONTENT ON THE

YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS SOLELY AT YOUR OWN RISK.  THE SITE AND ALL CONTENT THEREON IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE”, “WITH ALL FAULTS” BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND EITHER EXPRESS OR IMPLIED.

ENDURA, OUR SUPPLIERS, LICENSORS, AND AFFILIATES DO NOT WARRANT THAT THE DATA, CONTENT, FUNCTIONS, OR ANY OTHER INFORMATION OFFERED ON OR THROUGH THE SITE OR ANY LINKED SITES WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.

ENDURA, OUR SUPPLIERS, LICENSORS, AND AFFILIATES DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE OR ANY LINKED SITES IN TERMS OF USE OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

1. XI.UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL ENDURA, OUR AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM ANY UNSUCCESSFUL COURT ACTION OR LEGAL DISPUTE, LOST BUSINESS, LOST REVENUES OR LOSS OF ANTICIPATED PROFITS OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) ARISING OUT OF OR RELATING TO THE TERMS OR THAT RESULT FROM YOUR USE OR YOUR INABILITY TO USE THE CONTENT ON THE SITE OR ANY LINKED SITES, OR ANY OTHER INTERACTIONS WITH ENDURA, EVEN IF ENDURA OR AN AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
   
   

CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.  IF YOU RESIDE IS SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.  THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES OR LIABILITY CONTAINED IN THE TERMS OF USE APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION WHERE YOU ARE LOCATED.

USERS WHO ARE CALIFORNIA RESIDENTS AGREE TO WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."

1. XII.You agree to indemnify, defend, and hold Endura, our Affiliates, contractors, employees, agents, or third-party partners, licensors, or suppliers harmless from any liability, loss, claim, and expense, including reasonable attorney’s fees, related to Your Content, Your violation or alleged violation of the Terms, or access and/or use of the Site.

1. XIII. Waiver. The failure of Endura to exercise or enforce any right or provision of the Terms will not constitute a waiver of such right orAny waiver of any provision of the Terms will be effective only if in writing and signed by duly authorized agent of Endura.
   
   
2. XIV.The Terms will be governed by and construed in accordance with the laws of the State of Texas, without giving effect to any principles of conflicts of law.
   
   
3. XV.You agree that any action at law or in equity arising out of or relating to the Terms Of Use or Endura will be filed only in the state or federal courts in and for San Antonio, Bexar County, Texas, and You hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action and expressly submit to extraterritorial service of process.
   
   
4. XVI. Dispute Resolution. You agree to first try to resolve any controversy, claim, or dispute arising out of or relating to the Terms or the access and/or use of the Site, with the help of a mutually agreed upon mediator in San Antonio, Bexar County, Texas. Any costs and fees other than attorney fees associated with the mediation shall be shared equally by the parties. Attorney fees associated with the mediation shall be paid by the respective parties.

If it proves impossible to arrive at a mutually satisfactory solution through mediation, You agree to submit the dispute to binding arbitration in San Antonio, Bexar County, Texas. Such arbitration shall be conducted in accordance with the then prevailing commercial arbitration rules of the American Arbitration Association (“AAA”), and judgment on the award rendered by the arbitrator(s) may be entered in the state or federal courts in and for San Antonio, Bexar County, Texas. The parties agree to abide by all decisions and awards rendered in such proceedings.  Such decisions and awards rendered by the arbitrator shall be final and conclusive and may be entered in any court having jurisdiction thereof as a basis of judgment and of the issuance of execution for its collection. All such controversies, claims or disputes shall be settled in this manner in lieu of any action at law or equity.  The arbitrator shall not have the right to award punitive damages or speculative damages to either party and shall not have the power to amend this Agreement. The arbitrator shall be required to follow applicable law.

IF FOR ANY REASON THIS ARBITRATION CLAUSE BECOMES INAPPLICABLE, THEN YOU, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HEREBY IRREVOCABLY WAIVE ALL RIGHT TO TRIAL BY JURY AS TO ANY ISSUE RELATING HERETO IN ANY ACTION, PROCEEDING, OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY OTHER MATTER INVOLVING THE PARTIES HERETO.

1. XVII.If any litigation or arbitration is necessary to enforce the Terms the prevailing party shall be entitled to reasonable attorney fees, costs, and expenses.

1. XVIII.Endura makes no representation that Content on the Site is appropriate or available for use in locations outside the United States. If You choose to access and/or use the Site from a location outside the U.S., You do so on Your own initiative and You are responsible for compliance with local laws.

1. XIX.If any provision of the Terms is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from the Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
   
   
2. XX.Your rights and licenses under the Terms may not be transferred or assigned by You, but may be assigned by Endura withoutAny assignment attempted to be made in violation of the Terms shall be void.
   
   
3. XXI. Headings. The heading references herein are for convenience purposes only, do not constitute a part of the Terms, and will not be deemed to limit or affect any of the provisions hereof.
   
   
4. XXII.The Terms create no agency, partnership, joint venture, or employee-employer relationship between You and Endura unless otherwise noted in writing by Endura.

1. XXIII.The Terms are the entire agreement between You and Endura relating to the subject matter herein and will not be modified except in writing, signed by both parties, or by a change to the Terms made by Endura as set forth in Section IV of the Terms.
   
   
   1. XXIV. Contact Information

Any comments, complaints, or requests for further information can be directed to:

Endura Advisory Group

Commercial Real Estate

c/o Rick LaGrange

9311 San Pedro

Suite 850

San Antonio, Texas 78216

Phone: +1 (210)336-2222

Fax: +1 (210) 366-2231

This e-mail address is being protected from spambots. You need JavaScript enabled to view it

In accordance with California Civil Code Section 1789.3, California Residents may also direct any complaints to the Complaint Assistance Unit of the Division of Consumer Services of The California Department of Consumer Affairs at:

1625 North Market Blvd., Suite N 112

Sacramento, CA 95834

Phone: (800) 952-5210