THE INFORMATION PROVIDED IN THIS WEBSITE IS FOR INFORMATIONAL PURPOSES ONLY, IS GENERAL IN NATURE, AND IS NOT LEGAL ADVICE OR BUSINESS COUNSEL. YOU SHOULD NOT ACT UPON THE INFORMATION IN THIS WEBSITE WITHOUT FIRST OBTAINING PROFESSIONAL LEGAL ADVICE AND BUSINESS COUNSEL. THE USE OF THIS WEBSITE, INCLUDING WITHOUT LIMITATION THE SENDING AND RECEIVING OF INFORMATION, DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP OR ANY OTHER PROFESSIONAL RELATIONSHIP. COMMUNICATION THROUGH THIS WEBSITE OR THROUGH ELECTRONIC MAIL MAY NOT BE SECURE AND MAY NOT BE CONSIDERED CONFIDENTIAL OR PROPRIETARY OR PRIVILEGED. YOU MUST NOT SEND CONFIDENTIAL OR PROPRIETARY OR PRIVILEGED INFORMATION UNTIL YOU HAVE RECEIVED AUTHORIZATION TO SEND SUCH INFORMATION OTHERWISE SUCH INFORMATION MAY NOT BE CONSIDERED CONFIDENTIAL OR PROPRIETARY OR PRIVILEGED. UNLESS OTHERWISE INDICATED, ATTORNEYS OR COUNSELORS IDENTIFIED IN THIS WEBSITE ARE NOT CERTIFIED BY THE BOARD OF LEGAL SPECIALIZATION OR SIMILAR BODIES OF ANY STATE. IN CONSIDERING AN ATTORNEY OR A COUNSELOR, YOU SHOULD INDEPENDENTLY INVESTIGATE THE ATTORNEY OR COUNSELOR, THEIR CREDENTIALS AND THEIR ABILITIES.

TERMS OF USE

THESE TERMS OF USE GOVERN AND CONTROL THE USE OF THE WEBSITE OF MICHAEL SIMES, LLC. 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 MICHAEL SIMES, LLC. BY YOUR USE OF THE WEBSITE OF MICHAEL SIMES, LLC, YOU HEREBY AGREE TO BE BOUND BY THE FOLLOWING TERMS OF USE:

1. Website: The website of the Michael Simes, LLC, is provided free of charge to the public (the “Website”). Michael Simes, LLC, is a limited liability company existing under the laws of the State of Arizona (“Michael Simes”). The purpose of the Website is to provide information that is general in nature. Michael Simes 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 represents and warrants to Michael Simes 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 “User”). 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 the User and Michael Simes. The Website is not a legal referral service and Michael Simes does not receive any fees or commissions from any attorneys relating to the Website. Michael Simes 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 MICHAEL SIMES IS NOT A SUBSTITUTE FOR COMPETENT LEGAL ADVICE. RELIANCE ON AND USE OF THE INFORMATION CONTAINED IN OR LINKED FROM THE WEBSITE OF MICHAEL SIMES IS DONE AT YOUR OWN RISK.

4. Communications: All communications sent to Michael Simes 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 Michael Simes by the User becomes the exclusive property of Michael Simes.

5. License: Michael Simes hereby grants the User with 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. Michael Simes 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 the Michael Simes 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 Michael Simes.

6. Third-Party Information: The Website may provide references and links to information contained in websites owned or operated by third-parties that are not related to Michael Simes. These references and links in the Website are provided only for the convenience of the User and do not imply approval, endorsement or sponsorship of such information or websites by Michael Simes. Michael Simes has no control over and is not responsible for the information found in the websites of third-parties and makes no guarantees, representations or warranties as to the accuracy, adequacy, completeness or currency of such information.

7. Performance: Michael Simes does not guarantee the performance or the availability of the Website either at a particular time or for a particular purpose. Michael Simes 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. Michael Simes reserves the right in its exclusive discretion at any time without notice to amend, limit, modify, suspend or terminate the Website.

8. Applications: The User acknowledges that security is an important component of the Website and that even a comprehensive security system can not prevent a security breach incident and that the receipt and transmission of some or all computer viruses or other harmful or destructive elements can not be prevented. The Website may include certain computer software applications designed to enhance, limit or protect the Website including without limitation a computer software application designed to prevent the unauthorized access to the Website and a computer software application designed to prevent the receipt and transmission of computer viruses or other harmful or destructive elements. The User agrees to not breach, modify, attempt to breach, or attempt to modify the computer software applications of the Website.

9. WARRANTIES: THE WEBSITE IS PROVIDED ON AN “AS IS” BASIS. MICHAEL SIMES EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES INCLUDING WITHOUT LIMITATION THE WARRANTY OF MERCHANTABILITY AND THE WARRANTY FOR A PARTICULAR PURPOSE. MICHAEL SIMES 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.

10. LIMITATION OF LIABILITY: MICHAEL SIMES 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. MICHAEL SIMES 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 MICHAEL SIMES HAS BEEN EITHER ADVISED OF OR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES.

11. INDEMNIFICATION: THE USER SHALL DEFEND AND INDEMNIFY AND HOLD HARMLESS MICHAEL SIMES 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. MICHAEL SIMES 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.

12. Attorney Ethics: If the User is an attorney admitted to practice law, whether in Arizona or elsewhere, then the attorney acknowledges that the Rules of Professional Conduct for the jurisdiction in which they are admitted to practice law apply to and govern all aspects of their use of the Website. Such Rules of Professional Conduct include without limitation the rules regarding the solicitation of clients, the unauthorized practice of law and the misrepresentation of fact. Michael Simes hereby disclaims all responsibility for the compliance of an attorney with the Rules of Professional Conduct.

13. Privacy: Michael Simes respects the privacy of the User. Therefore, Michael Simes shall not license or sell to third-parties the Personal Information of the User. Personal Information for purposes of this section shall mean only that information which specifically identifies the User and their use of the Website. Michael Simes may collect and use the Personal Information to improve or modify the Website. This section shall not otherwise limit or expand the rights and obligations of Michael Simes under these Terms of Use. Michael Simes reserves the right to license or sell to third-parties for commercial purposes information regarding the Website that is not Personal Information.

14. Investigation: Michael Simes reserves the right in its exclusive discretion to investigate complaints or reports of any violation of these Terms of Use and to take any action it deems appropriate in response thereto including without limitation the reporting of such violation to law enforcement or regulatory officials. Michael Simes further reserves the right to provide such officials with any information it has collected in the course of its investigation including without limitation individual profiles, electronic mail addresses, usage histories, posted materials and Internet Protocol addresses.

15. 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 Maricopa County, 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.

16. Miscellaneous: These Terms of Use may be modified only by Michael Simes. 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. Michael Simes reserves the right to outsource some or all of the operation of the Website and such third-party may be a beneficiary of and bound by these Terms of Use. 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.