Acceptance of Contract Terms:
The following are terms of a legal agreement between you and Simmons & Company Auctioneers, Inc. ("SCA"), the entity who operates and maintains this site ("Site"). By accessing, browsing and/or using this Site, you acknowledge that you have read, understood, and agree to be bound by these terms and to comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations. If you do not agree to these terms, do not use this Site. The material provided on this Site is protected by law, including, but not limited to, United States Copyright Law and international treaties. This Site is controlled and operated by SCA from its offices within the United States. SCA makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws.

User Service Agreement:
SCA User Service Agreement and the policies referenced therein and published on the Site govern the terms and conditions of use of SCA trading and auction services (the "Services"). In order to participate in any SCA auction and use the Services, you must register with SCA and agree to the terms of the User Agreement. To the extent these Site Terms of Use are inconsistent with the User Service Agreement, the User Service Agreement shall govern.

Copyright Notice and Use Restrictions:
All Web site materials, including, without limitation, SCA, Simmons & Company Auctioneers, Inc. logos, design, text, graphics, other files, and the selection and arrangement thereof are ALL RIGHTS RESERVED Copyright © 2004 Simmons & Company Auctioneers, Inc. Except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of SCA or the copyright owner. Permission is granted to display, copy, distribute and download the materials on this Site for personal, non-commercial use only, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. This permission terminates automatically if you breach any of these terms or conditions. Upon termination, you must immediately destroy any downloaded and printed materials. You also may not, without SCA' permission, "mirror" any material contained on this Site on any other server. Any unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

U.S. Government Restricted Rights:
The materials on this Site are provided with "RESTRICTED RIGHTS." Use, duplication, or disclosure by the Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the Government constitutes acknowledgment of Simmons & Company Auctioneers, Inc. proprietary rights in them.

Trademarks:
The trademarks, service marks, and logos (the "Trademarks") used and displayed on this Site are registered and unregistered Trademarks of SCA, Simmons & Company Auctioneers, Inc., and others. Nothing on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site, without the written permission of the Trademark owner. Simmons & Company Auctioneers, Inc. and SCA aggressively enforce their intellectual property rights to the fullest extent of the law. The name Simmons & Company Auctioneers, Inc., or the Simmons & Company Auctioneers, Inc. logo may not be used in any way, including in advertising or publicity pertaining to distribution of materials on this Site, without prior, written permission. SCA prohibits use of any Simmons & Company Auctioneers, Inc. or SCA logo, including the Simmons & Company Auctioneers, Inc. logo, as a "hot" link to any Simmons & Company Auctioneers, Inc. or SCA site unless establishment of such a link is approved in advance by Simmons & Company Auctioneers, Inc. in writing. All other trademarks, registered trademarks, product names and company names or logos mentioned in the site are the property of their respective owners copywrites. Please email info@simmonsauction.com to contact us regarding trademarks and/or logos.

Licenses and Site Access:
SCA grants you a limited license to make personal use only of the Site and the Services. Such grant does not include, without limitation: (a) any resale or commercial use of the Site or Services, (b) the collection and use of any e-mail or user information, ratings or listings; (c) making derivative uses of the Site and its contents; or (d) use of any data mining, robots, or similar data gathering and extraction methods.

You are granted a limited, non-exclusive right to create a hyperlink to this Site provided such link does not portray SCA, Simmons & Company Auctioneers, Inc. or any of their products and services in a false, misleading, derogatory or otherwise defamatory manner. If you would like to use a Simmons & Company Auctioneers, Inc. or SCA logo to link to this Site please email us at info@simmonsauction.com. You may not use, frame or utilize framing techniques to enclose any Simmons & Company Auctioneers, Inc. trademark, logo or other proprietary information, including the images found at this Site, the content of any text or the layout/design of any page or form contained on a page without Simmons & Company Auctioneers, Inc.'s express written consent. Further, you may not use any meta tags or any other "hidden text" utilizing a Simmons & Company Auctioneers, Inc. name, trademark, or product name without Simmons & Company Auctioneers, Inc.'s express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of Simmons & Company Auctioneers, Inc. or any third party.

SCA makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of Web sites accessible by hyperlink from this Site, or Web sites linking to this Web site. The linked sites are not under the control of Simmons & Company Auctioneers, Inc. or SCA and as such Simmons & Company Auctioneers, Inc. and SCA are not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. SCA is providing these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement, or adoption by Simmons & Company Auctioneers, Inc. or SCA of the site or any information contained therein.

Submissions:
You agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, provided by you in the form of e-mail or submissions to SCA, or postings on this Web site, are non-confidential and shall become the property of SCA. SCA shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you. The submission of any materials to SCA, including the posting of materials to any forum or interactive area, irrevocably waives any and all "moral rights" in such materials, including the rights of paternity and integrity. Notwithstanding the foregoing, all personal data provided to SCA will be handled in accordance with the Simmons & Company Auctioneers, Inc. Privacy Policy. As described more fully below, you are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law.

Enforcement:
SCA has the right, but not the obligation, to monitor any activity, message, data, information, text or other material ("Content") associated with the Site. SCA may investigate any reported violation of its policies or complaints and take any appropriate action that it deems appropriate. Such action may include, but is not limited to, issuing warnings, suspension or termination of service, restricting access to and/or removal of posted Content. SCA reserves the right and has absolute discretion, to remove, screen, deny access or edit any Content that violates these provisions or is otherwise objectionable. SCA also reserves the right to report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties. In order to cooperate with governmental requests, to protect SCA' systems and customers, or to ensure the integrity and operation of SCA' business and systems, SCA may access and disclose any information it considers necessary or appropriate. SCA' right to disclose any such information shall govern over any terms of Simmons & Company Auctioneers, Inc. Privacy Policy.

Your Indemnification:
You agree to indemnify and hold harmless SCA from any claim, action, demand, loss, or damages (including attorneys' fees) made or incurred by any Third-Party arising out of or relating to your conduct, your violation of these terms and conditions, or your violation of any rights of a Third-Party.

Third-Party Content & Services:
SCA may provide links to Web pages and content of third parties ("Third Party Content") as a service to those interested in this information. SCA does not monitor nor has any control over any Third-Party Content or third party Web sites. SCA does not endorse or adopt any Third-Party Content and can make no guarantee as to its accuracy or completeness. SCA does not represent or warrant the accuracy of any information contained therein, and undertakes no responsibility to update or review any Third-Party Content. When leaving the Site, you should be aware that SCA' terms and policies no longer govern, and, therefore, you should review the applicable terms and policies, including privacy and data gathering practices, of that site. You use these links and Third-Party Content contained therein at your own risk.

Term of Use Revisions:
SCA may at any time revise these Terms of Use by updating this posting. By using this Site, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current Terms of Use to which you are bound.

Disclaimer Warranty:
THE SITE AND SERVICES ARE OFFERED BY SCA, ITS AGENTS OR SERVICE PROVIDERS INVOLVED IN CREATING, PRODUCING, AND DELIVERING THE SITE AND SERVICES (COLLECTIVELY, "SCA' PROVIDERS") "AS IS" WITHOUT ANY WARRANTY OR CONDITION (EXPRESS OR IMPLIED). SCA AND SCA' PROVIDERS DO NOT WARRANT THE SERVICE DESCRIBED HEREIN AGAINST FAILURE OF PERFORMANCE INCLUDING, WITHOUT LIMITATION, ANY FAILURE DUE TO COMPUTER HARDWARE OR COMMUNICATION SYSTEMS. SCA AND SCA' PROVIDERS DO NOT REPRESENT OR WARRANT THAT MATERIALS IN THIS WEB SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. SCA AND SCA' PROVIDERS DO NOT REPRESENT OR WARRANT THAT THIS WEB SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, SCA DOES NOT MAKE AND HEREBY DISCLAIMS, AND YOU HEREBY WAIVE, ANY REPRESENTATIONS OR WARRANTIES, ARISING BY LAW OR OTHERWISE, REGARDING THE SITE AND SERVICES PROVIDED HEREUNDER, OR ANY PORTION THEREOF, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE IN TRADE.

Limitation of Liability:
IN NO EVENT SHALL SCA AND SCA' PROVIDERS (AS DEFINED ABOVE) BE LIABLE WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SITE, THE SERVICES, OR ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SITE OR SERVICES, EVEN IF SIMMONS & COMPANY AUCTIONEERS, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE PROVISIONS OF THIS PARAGRAPH AND THE PRECEDING PARAGRAPH WILL SURVIVE ANY TERMINATION OF THIS AGREEMENT.

Applicable Law and Venue:
THESE TERMS OF USE SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF MISSOURI, WITHOUT RESORT TO ITS CONFLICT OF LAW PROVISIONS. YOU AGREE THAT ANY ACTION AT LAW OR IN EQUITY ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS SHALL BE FILED ONLY IN STATE OR FEDERAL COURT LOCATED IN AUSTIN, TEXAS, AND YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY CONSENT AND SUBMIT TO THE EXCLUSIVE JURISDICTION OF SUCH COURTS OVER ANY SUIT, ACTION OR PROCEEDING ARISING OUT OF THESE TERMS AND CONDITIONS.

Termination:
Notwithstanding any of these terms and conditions, SCA reserves the right, without notice and in its sole discretion, to terminate your license to use this Web site, and to block or prevent future access to and use of this Web site.