Simes Partners, PLLC

DISCLAIMER

The information contained in the website of Simes Partners, PLLC, is general in nature and may not reflect current legal developments. Simes Partners, PLLC, makes no guarantees, representations or warranties as to the accuracy or adequacy of the information contained in its website. Do not act or rely on any information contained in the website of Simes Partners, PLLC, without first consulting with an attorney admitted to practice law in your jurisdiction. The information contained in the website of Simes Partners, PLLC, is not a substitute for obtaining competent legal advice from an attorney. No attorney-client relationship or other professional relationship of any nature whatsoever is created by your use of the website of Simes Partners, PLLC.

TERMS OF USE FOR THE WEBSITEOF SIMES PARTNERS, PLLC

THESE TERMS OF USE GOVERN AND CONTROL THE USE OF THE WEBSITE OF SIMES PARTNERS, PLLC. REVIEW THESE TERMS OF USE CAREFULLY. IF YOU DO NOT ACCEPT ALL OF THESE TERMS OF USE IN THEIR ENTIRETY, THEN DO NOT USE THE WEBSITE OF SIMES PARTNERS, PLLC. BY YOUR USE OF THE WEBSITE OF SIMES PARTNERS, PLLC, YOU HEREBY AGREE TO BE BOUND BY THE FOLLOWING TERMS OF USE:

1. Website: The website (the “Website”) of Simes Partners, PLLC, an Arizona Professional Limited Liability Company, is provided free of charge to the public. The purpose of the Website is to provide information that is general in nature. Simes Partners, PLLC, makes no guarantees, representations or warranties as to the accuracy, adequacy, completeness or currency of the information provided in or linked from the Website. Any future modifications or enhancements to the Website shall be governed and controlled by these Terms of Use.

2. User: The user of the Website (the “User”) represents and warrants to Simes Partners, PLLC, that they are eighteen (18) years of age or older, that they are competent to enter into and be bound by these Terms of Use, and that they will use the Website pursuant to these Terms of Use. The rights of the User are limited to those expressly granted under these Terms of Use. By their use of the Website, the User agrees to be bound by these Terms of Use.

3. No Legal Advice: The information contained in the Website is not intended to be and does not constitute legal advice, counseling or recommendations under any circumstances. The use of the Website does not create an attorney-client relationship or other professional relationship between Simes Partners, PLLC, and the User. Simes Partners, PLLC, strongly recommends that if the User has a specific legal issue then they engage an attorney admitted to practice law in their jurisdiction. The User is exclusively responsible for their selection of an attorney and for making all arrangements with that attorney. THE WEBSITE OF SIMES PARTNERS, PLLC, IS NOT A SUBSTITUTE FOR COMPETENT LEGAL ADVICE. RELIANCE ON AND USE OF THE INFORMATION CONTAINED IN OR LINKED FROM THE WEBSITE OF SIMES PARTNERS, PLLC, IS DONE AT YOUR OWN RISK.

4. Communications: All communications sent to Simes Partners, PLLC, by the User including without limitation letters, electronic mail and articles are done so publicly and are not confidential or protected by any professional privilege or relationship. Unless specifically agreed to in writing prior to sending, all communications sent to Simes Partners, PLLC, by the User becomes the exclusive property of Simes Partners, PLLC.

5. License: The User is hereby granted by Simes Partners, PLLC, a nonexclusive, nontransferable, revocable and limited license to use the Website for their personal, informational, noncommercial purposes provided that they do not remove or obscure the copyright notice or any other intellectual property notices appearing therein. Simes Partners, PLLC, reserves, and the User hereby disclaims, all rights to and titles in the Website including without limitation all copyrights, patents, trademarks and trade secrets. All information and materials contained in the Website including without limitation designs, documents, graphics, images, information, logos, products, services, software and sounds are the exclusive property of Simes Partners, PLLC, and may not be copied, displayed, distributed, downloaded, linked, modified, posted, reproduced, republished or transmitted in any form or by any means including without limitation electronic, mechanical, photocopying and recording without the prior written consent of Simes Partners, PLLC.

6. Performance: Simes Partners, PLLC, does not guarantee the performance or the availability of the Website either at a particular time or for a particular purpose. Simes Partners, PLLC, also does not guarantee, represent or warrant that the Website will be error-free, free of any viruses or other harmful components, or that any errors or defects in the Website will be corrected. Simes Partners, PLLC, reserves the right in its exclusive discretion at any time without notice to amend, limit, modify, suspend or terminate the Website.

7. WARRANTIES: THE WEBSITE IS PROVIDED ON AN “AS IS” BASIS. SIMES PARTNERS, PLLC, EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES INCLUDING WITHOUT LIMITATION THE WARRANTY OF MERCHANTABILITY AND THE WARRANTY FOR A PARTICULAR PURPOSE. SIMES PARTNERS, PLLC, DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY OR DAMAGE OF ANY KIND WHATSOEVER EITHER RESULTING FROM OR ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF THE WEBSITE.

8. LIMITATION OF LIABILITY: SIMES PARTNERS, PLLC, SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND WHATSOEVER RESULTING FROM OR ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF THE WEBSITE. SIMES PARTNERS, PLLC, SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER (INCLUDING WITHOUT LIMITATION ATTORNEYS’ FEES) EITHER RESULTING FROM OR ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF THE WEBSITE REGARDLESS OF THE THEORY OF LIABILITY. THIS LIMITATION SHALL APPLY EVEN IF SIMES PARTNERS, PLLC, HAS BEEN EITHER ADVISED OF OR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES.

9. INDEMNIFICATION: THE USER SHALL DEFEND AND INDEMNIFY AND HOLD HARMLESS SIMES PARTNERS, PLLC, FROM ANY AND ALL CLAIMS RESULTING FROM OR ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF THE WEBSITE BY THE USER. SIMES PARTNERS, PLLC, RESERVES THE RIGHT TO PARTICIPATE IN AND CONTROL ITS DEFENSE AND RESERVES THE RIGHT TO REQUIRE REIMBURSEMENT FOR THE COSTS, EXPENSES AND FEES OF ITS DEFENSE FROM THE USER.

10. Law and Jurisdiction: These Terms of Use shall be governed by and interpreted in accordance with the laws of the State of Arizona except for any choice of law provisions. Any claims arising out of or relating to the use of the Website shall be brought and maintained in a court of competent jurisdiction in the County of Maricopa in the State of Arizona. All such actions shall be submitted to mandatory nonbinding arbitration administered by either a mutually agreeable neutral arbitrator or the American Arbitration Association in accordance with its rules. In connection with all actions, the parties agree that victorious party shall be awarded (either in that action or by way of a separate action) its costs and expenses of litigation (including without limitation attorneys’ fees and expert witness’ fees), through arbitration, trial and appeal. Any cause of action involving the Website must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.

11. Miscellaneous: These Terms of Use may be modified only by Simes Partners, PLLC. The headings used at the beginning of each paragraph or section are provided only for the convenience of the parties and are not intended to modify or supplement the terms and conditions therein. In the event any provision of these Terms of Use are determined to be unenforceable in part or in full, that provision will be enforced to the maximum extent permissible under applicable law and the other provisions of these Terms of Use shall remain in full force and effect.