TERMS OF USE

Updated February 12, 2025

Please read the Terms of Use carefully before you use this Site. By using this Site, you agree to be bound by all of the terms, conditions and notices contained or referenced in these Terms of Use.  If you cannot or will not agree to these Terms of Use, you must not access or use the website.

1. Acceptance Through Use. This website is operated by Deseret Management Corporation (“Operator”, “Company”, “we”, or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference, including but not limited to, the Privacy Policy and all other terms, if any, posted elsewhere on the website, (collectively, “Terms of Use”), govern your access to and use of the website, including any content, functionality, or purchase of services or items offered on or through website and all affiliated mobile apps (collectively the “Site”), whether as a guest or a registered user and are entered into by and between you and us. Any reference to “Additional Terms and Conditions” refers to any other Terms of Use if expressly referenced in these Terms of Use.

2. No Use by Children. The Site is not directed to, or intended for use by, children (defined as anyone younger than 18). Children should not use the Site or submit any information to Operator. We do not knowingly collect personal information from anyone younger than 18. If you are younger than 18, do not use or provide any information on this Site or through any of its features, register on the Site, make any offers or purchases through the Site, use any of the interactive or public comment features of this Site, or provide any information about yourself to us, including your name, address, telephone number, e-mail address, or any screen name or user name you may use. If we learn we have collected or received personal information from a child younger than 18 without verification of parental consent, we will delete that information. If you believe we might have any information from anyone younger than 18, please contact us here.    

3. Changes to the Terms of Use. We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Site thereafter. However, any changes to the dispute resolution provisions set out in the Choice of Law and Venue section of these Terms of Use will not apply to any disputes for which we have actual notice on or before the date the change is posted on the Site.
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Your continued use of the Site following the posting of revised Terms of Use means you accept and agree to the changes. You are expected to check this page each time you access this Site so you are aware of any changes as they are binding on you.

4. Accessing the Site and Account Security. We reserve the right to withdraw or amend this Site, and any service or content we provide on the Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site, to users, including registered users.
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You are responsible for: (1) making all arrangements necessary for you to have access to the Site; and (2) ensuring that all persons who access the Site through your internet connection are aware of these Terms of Use and comply with them.
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To access the Site or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Site that all the information you provide on the Site is correct, current, and complete. You agree that all information you provide to register with this Site or otherwise, including, but not limited to, through the use of any interactive features on the site, is governed by our Privacy Policy  and you consent to all actions we take with respect to your information consistent with our Terms of Use.

5. Information About You and Your Visits to the Site. All information we collect on this Website is subject to our Privacy Policy . By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy. ‍

6. Links to Third Party Sites. The Site may contain links to websites operated by third parties. This includes links contained in advertisements, including banner advertisements and sponsored links. These links do not constitute or imply an endorsement, affiliation or a nexus with the linked site. The linked sites may appear to be integrated into the Site but are not under Operator’s control. Operator is not responsible for the operation or content of any linked site or subsequent links from that site. The policies that govern the use of a linked site will differ from these Terms of Use. You should review the policies of a linked site before making a decision to use that site. If you decide to access any of the third-party websites linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

7. Intellectual Property. Unless otherwise indicated, you acknowledge that all content, materials, features, and functionalities (including but not limited to all information, software, text, displays, images, video, audio, the design, selection and arrangement thereof) available at the Site are owned by Operator and protected by national and international copyrights, trademarks, service marks, patents, patent registration rights, trade secrets, know-how or other intellectual property or proprietary rights and laws.  You may only access and use the Site as expressly permitted in these Terms of Use and for no other purpose. You may download, print or view individual pages at the Site for private individual, noncommercial use, provided you do not delete, change or otherwise modify any of the information displayed or accessible through the Site, including any copyright or trademark notices.

You are prohibited from data-mining, screen scraping, web scraping, web crawling, or using any automated device, script, technology or processes that automatically queries or otherwise retrieves data from the Site, or from using any other method to access, to collect, to share or otherwise to obtain any information from the Site without first obtaining the Company’s prior written consent, which consent may be withheld and withdrawn by Us at any time, with or without notice, and in Our sole discretion.

Except for as expressly provided for herein, you may not use the Site for any commercial purpose. This includes creating websites or media with the information displayed on this Site. Except for as expressly provided herein, these Terms of Use permit you to use the Site for your personal, non-commercial use only.

You must not:

• Modify copies of any materials from this site.
• Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
• Engage in the systematic retrieval of any of the materials on or accessible through our Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without the prior written permission of Operator. All logos, names, package designs and marks on the Site are trademarks or service marks and may not be used without Operator’s prior written permission. Operator’s policy is to terminate the online privileges of individuals who repeatedly violate the copyrights of others.

8. Trademarks. The Company name, and terms using the trademarks of the Company, including the Company logo, and all related names, logos, product and service names, designs, and slogans (whether or not formally registered) are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Site are the trademarks of their respective owners.

9. Prohibited Uses: You may use the Site for lawful purposes and in accordance with these Terms of Use. You agree not to use the Site:

• In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
• To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the standards set out in these Terms of Use.
• To transmit, or procure the sending of, any advertising or promotional material.
• To transmit, or procure the sending of, any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm the Company or users of the Site, or expose them to liability.

Additionally, you agree not to:

• Use the Site in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site.
• Use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
• Use any manual process to monitor or copy any of the material on the Site, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
• Use any device, software, or routine that interferes with the proper working of the Site.
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site.
• Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Site.

10. Reliance on Information Posted. The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.

11. Disclaimer of Warranties. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITE LINKED TO IT.

YOU AGREE THAT THE SOFTWARE, PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE, INCLUDING THE CONTENT (COLLECTIVELY, THE “SITE MATERIALS”), ARE PROVIDED ON AN “AS IS”, AND “AS AVAILABLE” BASIS AND THAT YOUR USE OF THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK.  THE SITE MATERIALS ARE PROVIDED FOR YOUR USE WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING THE WARRANTIES OF TITLE AND NON- INFRINGEMENT AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. OPERATOR DOES NOT MAKE ANY WARRANTY THAT ANY OF THE SITE MATERIALS ARE ACCURATE, RELIABLE OR CORRECT, THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED, THAT THE SITE MATERIALS (INCLUDING BUT NOT LIMITED TO ANY SITE MATERIALS THAT YOU DOWNLOAD) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT YOU WILL ACHIEVE SUCCESSFUL RESULTS FROM FOLLOWING ANY INSTRUCTIONS, DIRECTIONS OR RECOMMENDATIONS AVAILABLE AT OR THROUGH THE SITE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

12. Limitation of Liability. TO THE FULLEST EXTENT PROVIDED BY LAW, UNDER NO CIRCUMSTANCES WILL OPERATOR, OR ANY PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, DIVISIONS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS OR AGENTS BE LIABLE FOR ANY DAMAGES OF ANY KIND OR NATURE WHATSOEVER, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, , ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, ANY SERVICES OR ITEMS OBTAINED AT OR THROUGH THE SITE,  INCLUDING ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, OR LOSS OF USE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

13. International Use. The Site is intended for use by legal U.S. residents residing within the geographic borders of the United States. If you choose to access the Site from any location other than the United States, you accept full responsibility for compliance with the laws of the jurisdiction where the access occurs. Operator makes no representation that the Site or the Site Materials are appropriate or available for use in locations outside the United States. Accessing the Site or using any of the Site Materials from any jurisdiction where access or use is illegal is prohibited.

14. Choice of Law and Venue. All matters relating to the Site and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Utah, without giving effect to any choice or conflicts of law provision or rule (whether of the State of Utah or any other Jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Site shall be instituted exclusively in the federal courts of the United States or the courts of the State of Utah, in each case located in Salt Lake City, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

15. Integration, Severability and No Waiver. These Terms of Use, along with the Privacy Policy and any other terms expressly incorporated by reference posted elsewhere at the Site, if any, constitute the entire agreement between Operator and you with respect to the Site and supersede all prior or contemporaneous communications and proposals with respect to the Site. If any provision of the terms referenced in the prior sentence are held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provisions shall be eliminated or limited to the minimum extent such that the remaining provisions of the previously referenced agreements will continue in full force and effect. No waiver by the Operator of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Operator to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

16. Contact Information. Questions concerning these Terms of Use or the Site should be directed here.