DISCLAIMER & TERMS OF USE
THESE TERMS OF USE constitute an agreement ("Agreement") made between David E. Simmons Attorney At Law ("David E. Simmons Attorney At Law") and any person accessing David E. Simmons Attorney At Law's Web site ("You") with respect to your use of David E. Simmons Attorney At Law's Web site (the "Site"). You agree to abide by all of the terms contained in this Agreement as a condition of your continuing to access, view or use the Site. David E. Simmons Attorney At Law and You are collectively referred to as the parties.
BY ACCESSING, VIEWING OR USING ANY PART OF THE SITE, YOU EXPRESSLY AGREE TO AND CONSENT TO BE BOUND BY ALL OF THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU DO NOT HAVE David E. Simmons Attorney At Law'S PERMISSION TO ACCESS, VIEW, OR USE ANY PART OF THE SITE. ANY SUCH UNAUTHORIZED USE VIOLATES David E. Simmons Attorney At Law'S RIGHTS IN THE SITE AND IS PROHIBITED.
1. Site Description
a. Description. The Site is proprietary to David E. Simmons Attorney At Law and is protected by intellectual property laws and international intellectual property treaties. Your access to the Site is licensed and not made available unconditionally to You. Subject to the terms and limitations set forth in this Agreement, David E. Simmons Attorney At Law agrees to provide You with a personal, non-transferable and non-exclusive right to access, view and use the Site.
b. Accessibility. You agree that from time to time the Site may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which David E. Simmons Attorney At Law may undertake from time to time; or (iii) causes beyond the control of David E. Simmons Attorney At Law, whether or not foreseeable.
c. Equipment. You shall be solely responsible for providing, maintaining and ensuring compatibility with the Site, all hardware, software, electrical and other physical requirements for your use of the Site, including, without limitation, telecommunications and Internet access connections and links, web browsers or other equipment, programs and services required to access and use the Site.
2. Limitations
a. Security. You shall be solely responsible for the security, confidentiality, integrity, and use of all messages and/or the content that You transmit to the Site.
b. Privacy. When reasonably practicable, David E. Simmons Attorney At Law will attempt to respect your privacy. David E. Simmons Attorney At Law will not monitor, edit, or disclose any personal information about You, including your use of the Site, without your prior consent unless David E. Simmons Attorney At Law has a good faith belief that such action is necessary to: (i) comply with legal process or other legal requirements of any governmental authority; (ii) protect and defend the rights or property of David E. Simmons Attorney At Law; (iii) enforce this Agreement; (iv) protect the interests of users of the Site other than You or any other person; or (v) operate or conduct maintenance and repair of David E. Simmons Attorney At Law's services or equipment, including the Site as authorized by law. You have no expectation of privacy with respect to the Internet generally or this Site in particular.
c. Nature of Site Content. David E. Simmons Attorney At Law makes information available on this Site as a service to our clients and other friends for informational purposes only. The materials on this Site are not intended to constitute advertising, solicitation or legal advice, and transmission of the information from this Site is not intended to, nor does it, create an attorney-client relationship between David E. Simmons Attorney At Law and You or anyone else. This Site is not intended to be used as a substitute for specific legal advice, nor should You consider it as such. You should not act (or refrain from acting) based upon information in this Site without obtaining professional advice regarding your particular facts and circumstances.
d. Creation of an Attorney-Client Relationship. Use of this site by You or Your contact with David E. Simmons Attorney At Law by email or otherwise will not establish an attorney-client relationship between You and David E. Simmons Attorney At Law unless and until a director in David E. Simmons Attorney At Law expressly and explicitly agrees IN WRITING that the firm will undertake an attorney-client relationship with You. As a result, You should not transmit any confidential or sensitive information to us until a formal attorney-client relationship has been established. David E. Simmons Attorney At Law DOES NOT UNDERTAKE TO REPRESENT ANY PERSON OR ENTITY WITHOUT OBTAINING ALL NECESSARY INFORMATION CONCERNING POTENTIAL CONFLICTS OF INTEREST AND EVALUATING THAT INFORMATION, AND UNTIL SUCH A CONFLICTS CHECK IS COMPLETED AND EVALUATED, David E. Simmons Attorney At Law WILL NOT UNDERTAKE AN ATTORNEY CLIENT RELATIONSHIP WITH A PERSON OR ENTITY, AND EVEN IF SUCH A CONFLICTS CHECK REVEALS NO CONFICTS UNDER APPLICABLE ETHICS RULES, David E. Simmons Attorney At Law MAY, IN ITS DISCRETION, DECLINE TO ACCEPT AN ATTORNEY-CLIENT RELATIONSHIP WITH ANY PERSON OR ENTITY. David E. Simmons Attorney At Law MAY USE YOUR INFORMATION TRANSMITTED VIA EMAIL THROUGH THIS SITE FOR ANY PURPOSE IF YOU ARE NOT A CLIENT AND IF YOU HAVE NOT ESTABLISHED AN ATTORNEY/CLIENT RELATIONSHIP PURSUANT TO THE PARAGRAPH ABOVE.
e. Confidentiality of Information Transmitted to David E. Simmons Attorney At Law. You also should be aware that if You send messages to David E. Simmons Attorney At Law (or any of its attorneys, staff, employees, agents or representatives) through the internet, electronic mail or through the Site, such means may not be secure, and David E. Simmons Attorney At Law does not guarantee the confidentiality of such communications. David E. Simmons Attorney At Law does not agree to accept and/or maintain the secrecy of any unsolicited information You send to David E. Simmons Attorney At Law unless an attorney-client relationship currently exists between You and David E. Simmons Attorney At Law. No attorney-client relationship is created unilaterally by your sending to David E. Simmons Attorney At Law any information whether or not You consider such information to be confidential. Although David E. Simmons Attorney At Law makes reasonable effort to read emails that we receive, David E. Simmons Attorney At Law reserves the rights not to read or respond to any unsolicited communications.
f. Attorney Advertising. The contents of this Site may constitute advertising under the applicable laws, regulations and ethical rules (the "Bar Rules") of some jurisdictions. If this Site fails to comply with the Bar Rules of the state in which You are viewing this Site, David E. Simmons Attorney At Law does not wish to represent You. Unless otherwise noted, David E. Simmons Attorney At Law attorneys are NOT certified by the Boards of Legal Specialization of any State.
g. Changes. David E. Simmons Attorney At Law reserves the right to change, modify, add or remove any portion of this Agreement, in whole or in part, at any time in our sole and absolute discretion. Changes in this Agreement will be posted on this Site. Your continued use of this Site after any changes are made, shall be deemed your acceptance of the changes.
3. Copyright
The Site is protected by copyright pursuant to US copyright laws, international conventions and other copyright laws. The contents of the Site are only for your personal, informational and noncommercial use. All materials contained on the Site are protected by copyright and are owned or controlled by us or the party credited as the provider of the content. You agree to abide by any and all additional copyright notices, information, or restrictions contained in any part of the Site.
4. Prohibited Uses
You are solely responsible for any and all of your acts and omissions that occur when using the Site, and You agree not to engage in unacceptable use of the Site, which includes, without limitation, use of the Site to: (a) transmit unsolicited messages, chain letters or unsolicited commercial email; (b) transmit material that, to a reasonable person may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening or malicious; (c) transmit files, graphics, software or other material that actually or potentially infringes the copyright, trademark, patent, trade secret or other intellectual property right of any person; (d) transmit viruses, trojan horses, malware or any other malicious code or program; (e) engage in systematic retrieval of data or other content from this Site to create or compile, directly or indirectly, a collection, compilation, database or directory by use of scrapers or other tools without written permission from David E. Simmons Attorney At Law; or (f) engage in any other activity deemed by David E. Simmons Attorney At Law to be in conflict with the spirit or intent of this Agreement.
5. Termination
This Agreement is effective upon your access or use of the Site and shall continue in full force until terminated. David E. Simmons Attorney At Law reserves the right, in its sole discretion and without notice, at any time and for any reason, to: (a) remove or disable access to all or any portion of the Site; (b) suspend Your access to or use of all or any portion of the Site; and/or (c) terminate this Agreement.
6. Disclaimer
Wherever state bar rules require, David E. Simmons Attorney At Law designates 425 West Capitol Ave., Suite 3400, Little Rock, Arkansas 72201 as its primary office and Perry L. Wilson as its Managing Member; phone (501) 372-6175.
No representation is made that the quality of legal services to be performed is greater than the quality of legal services performed by other lawyers.
David E. Simmons Attorney At Law DOES NOT REPRESENT, WARRANT OR GUARANTEE THAT THE MATERIALS ON THIS SITE ARE COMPLETE, ACCURATE OR UP-TO-DATE. NOR IS David E. Simmons Attorney At Law RESPONSIBLE FOR ANY THIRD PARTY CONTENT THAT MAY BE ACCESSED THROUGH THIS SITE, AND REFERENCE TO THIRD PARTY INFORMATION, PRODUCTS OR SERVICES AT THIS OR ANY LINKED SITE DOES NOT CONSTITUTE AN EXPRESS OR IMPLIED WARRANTY OR ENDORSEMENT BY David E. Simmons Attorney At Law. WHEN YOU LINK TO ANOTHER SITE FROM THIS SITE, YOU LEAVE THIS SITE AND SERVER CONTROLLED BY David E. Simmons Attorney At Law AND ENTER INTO THE JURISDICTION OF THE LINKED SITE UNDER THE CONTROL OF A THIRD PARTY FOR WHICH David E. Simmons Attorney At Law HAS NEITHER RESPONSIBILITY NOR CONTROL.
7. Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL David E. Simmons Attorney At Law BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES FOR ANY MATTER ARISING FROM OR RELATING TO THIS AGREEMENT, THE SITE, ANY LINKED SITE OR THE INTERNET GENERALLY, INCLUDING, WITHOUT LIMITATION, YOUR USE OR INABILITY TO USE THE SITE, ANY CHANGES TO OR INACCESSIBILITY OF THE SITE, DELAY, FAILURE, UNAUTHORIZED ACCESS TO OR ALTERATION OF ANY TRANSMISSION OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, ANY TRANSACTION OR AGREEMENT ENTERED INTO THROUGH THE SITE OR ANY LINKED SITE, OR ANY DATA OR MATERIAL FROM A THIRD PERSON ACCESSED ON OR THROUGH THE SITE OR ANY LINKED SITE, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT OR OTHERWISE EVEN IF David E. Simmons Attorney At Law HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THAT ANY EXCLUSIVE REMEDY SHALL FAIL OF ITS ESSENTIAL PURPOSE OR OTHERWISE BE UNAVAILABLE. IN NO EVENT SHALL David E. Simmons Attorney At Law'S TOTAL LIABILITY TO YOU FOR ANY DIRECT DAMAGES WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT OR OTHERWISE EXCEED THE TOTAL AGGREGATE AMOUNT OF $5.00. SOME STATES PROHIBIT THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THUS THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE FOR YOU TO DISCONTINUE USE OF THE SITE.
8. Indemnification
You agree to indemnify, hold harmless and defend David E. Simmons Attorney At Law, its shareholders, directors, officers, employees and agents from and against any action, cause, claim, damage, debt, demand or liability, including reasonable costs and attorneys' fees, asserted by any person, arising out of or relating to: (a) your use of the Site, including any data or work transmitted or received by You; and (b) any unacceptable use of the Site, including, without limitation, any statement, data or content made, transmitted or republished by You which is prohibited as unacceptable at Section 4.
9. Miscellaneous
a. Waiver. No waiver of any term, provision or condition of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or shall constitute, a waiver of any other term, provision or condition hereof, whether or not similar, nor shall such waiver constitute a continuing waiver of any such term, provision or condition hereof. No waiver shall be binding unless executed in writing by the party making the waiver.
b. Severability. If any provision of this Agreement is determined to be illegal or unenforceable, then such provision will be enforced to the maximum extent possible and the other provisions will remain fully effective and enforceable.
c. Notice. All notices shall be in writing and shall be deemed to be delivered when sent by e-mail to either parties' last known e-mail address. You hereby consent to notice by email.
d. Law. This Agreement is made in and shall be governed by the laws of the State of Arkansas without reference without reference to its choice of law provisions. All actions, claims or disputes arising under or relating to this Agreement shall be brought in the federal or state courts within Pulaski County, Arkansas. The parties irrevocably submit and consent to the exercise of subject matter jurisdiction and personal jurisdiction over each of the parties by the federal and/or state courts within Pulaski County, Arkansas. The parties hereby irrevocably waive any and all objections which any party may now or hereafter have to the exercise of personal and subject matter jurisdiction by the federal or state courts within Pulaski County, Arkansas and to the laying of venue of any such suit, action or proceeding brought in any such federal or state court within Pulaski County, Arkansas.
e. Attorney's Fees. If any action in law or in equity is necessary to enforce the terms of this Agreement, David E. Simmons Attorney At Law shall be entitled to reasonable fees of attorneys, accountants, and other professionals, and costs and expenses in addition to any other relief to which David E. Simmons Attorney At Law may be entitled.
f. Headings. The captions and headings of this Agreement are included for ease of reference only and will be disregarded in interpreting or construing this Agreement.
g. Force Majeure. If the performance of any part of this Agreement by either party is prevented, hindered, delayed or otherwise made impracticable by reason of any flood, riot, fire, judicial or governmental action, labor disputes, act of God or any other causes beyond the control of either party, that party shall be excused from such to the extent that it is prevented, hindered or delayed by such causes.
h. Survival. The terms and provisions of Sections 2, 3, 4, 6, 7, 8, and 9 shall survive any termination or expiration of this Agreement.
i. Entire Agreement. This Agreement constitutes the complete and exclusive statement of the agreement between the parties with respect to the Site and supersedes any and all prior or contemporaneous communications, representations, statements and understandings, whether oral or written, between the parties concerning the Site.
YOU HAVE READ, UNDERSTAND AND AGREE TO THE FOREGOING TERMS & CONDITIONS OF USE SET FORTH IN THE ABOVE AGREEMENT.