Web Site Usage Agreement and Disclaimers

This web site, SimmonsAppraising.com (the "Site"), is provided by Simmons Apprising.

BY ACCESSING THIS SITE , YOU ARE AGREEING TO THESE TERMS AND CONDITIONS. PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY.

We Are Providing this Web Site for Your Convenience Only

Our web site is provided to you without charge as a convenience and for your information only. By providing access to our web site content, we do not promise that:


*the content is accurate or complete;


*The content is up-to-date or current; or
 

*your access will be free from interruptions, errors, computer viruses or other destructive matters.


We do not assume any liability for these matters. In other words, you use our web site at your own risk. Under no circumstances shall Simmons Appraising or any of its members be liable for any direct or indirect, special, incidental or consequential damages. This includes loss of data or profit arising out of the use or the inability to use the content of this web site. If your use of our web site results in your need to service, repair or correct equipment or data, you assume the costs to the extent the law allows.

We Do Not Have Responsibility for Links or References to Third Party Content

We may provide hyperlinks or refer to other web sites and information provided by third parties. These links and references to third parties are provided for your convenience and information only. The content in any linked or referenced source is not under our control so we are not responsible for the content.

If you decide to access any of the third party sources you do so entirely at your own risk. It is up to you to take precautions to ensure that the third party source is free of computer viruses and other items of a destructive nature.

We Are Not Endorsing the Content Provided by a Third Party

The fact that we provide a link or reference to a third party does not mean that we endorse, authorize or sponsor that third party or the content and information provided by that third party. This is particularly the case with the reports by analysts who may follow our company. By providing you a link to those reports, were are in no way agreeing with or adopting the content of any reports.

If a Third Party Links to Our Web Site It is Not an Endorsement

If a third party links to our web site, it does not indicate an endorsement, authorization, sponsorship, affiliation, joint venture, or partnership by or with us. In most cases, we are not aware that a third party has linked to our web site.

If You Transmit or Provide Data to Us It is Non-Confidential

We do not want to receive confidential or proprietary information from you through our web site. If you email us, transmit to or post on our web site any material, information or idea, it will be treated as non-confidential and non-proprietary and may be disseminated or used by us for any purpose.

You are not authorized to post on or transmit to or from our web site any unlawful, threatening, libelous, obscene or pornographic material. To do so could give rise to civil or criminal liability under the law.

Use of this Web Site is Restricted

This Web site and its content are owned and operated by Simmons Appraising. Our web site's content is copyrighted and protected by U.S. and international copyright laws as well as by U.S. and international trademark and communications laws, regulations and statutes.
No content from our web site may be copied, reproduced, republished, modified, uploaded, posted, transmitted, or distributed in any way. The sole exceptions to these restrictions are:

you obtain written permission from Simmons Appraising to waive these restrictions; or

you may download one copy of the content on a single computer for informational, non-commercial and personal use only, provided you keep intact all copyright and other proprietary notices. Do not modify, copy, or post the content on any network computer or broadcast it in any media.

By Providing Content We Do Not Allow You to Use Our Trademarks

The trademarks, service marks, trade names and logos used and displayed on our web site may be registered trademarks, trademarks and trade names owned by Simmons Appraising. Nothing on this web site should be construed as granting any license or right to use any trademark, Service Mark, logo or trade name, without written permission of Simmons Appraising. The name of Simmons Appraising and SimmonsAppraising.com or our logo(s) may not be used in any way without prior written permission.
 

Approved Uses

The Site may be used only for the following purposes: obtaining information about Simmons Appraising.  

By using the Site or downloading materials from the Site, you agree to abide by the terms and conditions set forth in this notice as well as all other policies described in the Site. If you do not agree to abide by these terms and conditions or any future terms and conditions, please do not use the Site or download materials from the Site.

These terms apply exclusively to your access to and use of the Site and do not alter the terms or conditions of any other agreement you may have with the Issuer.

RESTRICTIONS ON USE:
In order to use the Site, you must be:

A resident of the United States
In addition, use of the Site is restricted to business or commercial purposes or organizational purposes on behalf of a business. The Site may not be used for personal, family, household or agricultural purposes.

If you do not satisfy the above restrictions on use, please do not use the Site or download materials from the Site.

LIMITED LICENSE:
Subject to the terms and conditions set forth in this Agreement, the Issuer grants you a non-exclusive, non-transferable, limited right to access, use and display the Site and the materials thereon.

The Issuer authorizes you to view and download the information ("Materials") at the Site only for informational purposes or organizational purposes.   This authorization is not a transfer of title in the Materials and copies of the Materials and is subject to the following restrictions:

you must retain, on all copies of the Materials downloaded, all copyright and other proprietary notices contained in the Materials;
you may not modify the Materials in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose; and
you must not transfer the Materials to any other person.
You agree to abide by all additional restrictions displayed on the Site as it may be updated from time to time. The Site, including all Materials, is copyrighted and protected by worldwide copyright laws and treaty provisions. You agree to comply with all copyright laws worldwide in your use of the Site and to prevent any unauthorized copying of the Materials. Except as expressly provided herein, the Issuer does not grant any express or implied right to you under any patents, trademarks, copyrights or trade secret information.

USER CONDUCT:
In using the Site, you agree:

not to disrupt or interfere with the security of, or otherwise abuse, the Site, or any services, system resources, accounts, servers or networks connected to or accessible through the Site or affiliated or linked web sites;
not to disrupt or interfere with any other user's enjoyment of the Site or affiliated or linked Sites;
not to upload, post or otherwise transmit through or on the Site any viruses or other harmful, disruptive or destructive files;
not to use or attempt to use or access another's person account, or business, commercial or personal information, or create or use a false identity on the Site; and
not to attempt to obtain unauthorized access to the Site or portions of the Site which are restricted from general access.
In addition, you agree that you are solely responsible for actions and communications undertaken or transmitted under your account, and that you will comply with all applicable local, state and federal laws and regulations, that relate to your use of or activities on the Site.

WEB SITE-SPECIFIC COLLECTION OF INFORMATION
When you visit the SimmonsAppraising.com, our web servers may collect the name of the domain you used to access the Internet (such as aol.com) and the web site you came from and visit next. This information is used by us and our business partners to measure the number of visits, average time spent, page views, and other statistics about visitors to our web site in general. We also use this data to monitor site performance and to make the site easier and more convenient to use.

WEB SITE SECURITY
Simmons Appraising does not use encryption and authentication tools to protect the personal information you submit to us on-line, including Secure Socket Layer (SSL) encryption technology.

DISCLAIMER
THE MATERIALS MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. THE ISSUER DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION, ADVICE, STATEMENT, MEMORANDUM, OR INFORMATION SHALL BE AT YOUR SOLE RISK. THE ISSUER RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE SITE. THE ISSUER MAY MAKE ANY OTHER CHANGES TO THE SITE, THE MATERIALS AND THE PRODUCTS, PROGRAMS, SERVICES OR PRICES (IF ANY) DESCRIBED IN THE SITE AT ANY TIME WITHOUT NOTICE.

THE ISSUER DOES NOT MAKE ANY WARRANTY THAT YOUR USE OF THIS SITE OR THE MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. THE ISSUER ASSUMES NO RESPONSIBILITY FOR ANY DAMAGES THAT MAY BE SUFFERED BY YOU, INCLUDING, BUT NOT LIMITED TO, LOSSES FROM DELAYS, NONDELIVERIES OF CONTENT OR ANY COMMUNICATIONS, ERRORS, SYSTEM DOWN TIME, MISDELIVERIES OR MISCOMMUNICATIONS, NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION, OR SERVICE INTERRUPTIONS CAUSED BY THE NEGLIGENCE OF THE ISSUER, ITS AFFILIATES,  ITS LICENSORS, OR YOUR OWN ERRORS AND/OR OMISSIONS.  THE SITE, THE INFORMATION AND MATERIALS ON THE SITE, AND ANY SOFTWARE MADE AVAILABLE ON THE SITE, ARE PROVIDED "AS IS" WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NO INFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

LIMITATION OF DAMAGES:
IN NO EVENT SHALL THE ISSUER OR SIMMONS APPRAISING OR ANY OF THEIR RESPECTIVE AFFILIATES OR SUBSIDIARIES BE LIABLE TO ANY ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM) THAT ARE RELATED TO THE USE OF, OR THE INABILITY TO USE, THE CONTENT, MATERIALS, AND FUNCTIONS OF THE SITE OR ANY LINKED WEBSITE, EVEN IF THE ISSUER OR Sam's Club IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

CHANGES:
The Issuer reserves the right, at its sole discretion, to change, modify, add or remove any portion of this Agreement in whole or in part, at any time. Changes in this Agreement will be effective when notice of such changes is posted on the Site. Your continued use of the Site after any changes to this Agreement are posted will be considered acceptance of those changes. The Issuer may terminate, change, suspend or discontinue any aspect of the Site, including the availability of any features of the Site, at any time. The Issuer may remove, modify or otherwise change any content, including that of third parties, on or from the Site. The Issuer also may impose limits on certain features and services or restrict your access to part or all of the Site without notice or liability. The Issuer may terminate the authorization, rights and license given above and, upon such termination, you shall immediately destroy all Materials. The Issuer may terminate your use of the Site at any time in its sole discretion.

INTERNATIONAL USE AND CHOICE OF LAW:
The Site is controlled, operated and administered by the Issuer from its offices within the United States of America. Access to the Site from territories where its contents are illegal is prohibited. This Web Site Usage Agreement shall be governed by the laws of the State of New York and the federal laws of the United States of America, without giving effect to their conflict of laws provisions. For all disputes arising from or related to the Site, you agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in New York.

This Agreement constitutes the entire agreement between the Issuer and you with respect to the terms of usage for the Site. Any cause of action you may have with respect to your use of the Site must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of this Agreement or portion thereof to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of this Agreement, and the remainder of this Agreement shall continue in full force and effect.