Sim Sandwich User Agreement

The Sim Sandwich Web Site (the "Site") is provided by Nicholas C. Baker (referred to as "Nick" or "we") subject to the following Terms and Conditions and any operating rules or policies that may be published on this Site. By using this Site, you accept such Terms and Conditions and any other operating rules or policies published on the Site:

1. The Site: The Site only provides information and entertainment. Nick does not act as an agent, partner, joint venture, or in any other capacity on behalf of any of the companies or entities listed in this Site or on behalf of the users of this Site.

2. User Conduct: You are solely responsible for the content and context of anything you post through the Site. You warrant and agree that, while using the Site, you shall not:

A. harass, threaten, embarrass or cause distress or discomfort upon another party;

B. transmit through the Site any information, data, text, files, links, software, messages, communications or other materials that Nick, at his sole discretion, considers unlawful, harmful, threatening, abusive harassing, defamatory, vulgar, obscene, hateful, or racially, ethnically, or otherwise objectionable;

C. impersonate any other person or entity, or misrepresent your affiliation with any other person or entity;

D. upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material that is protected by copyright or other intellectual property right, without obtaining proper permission;

E. upload, post, publish or transmit any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute illegal activity, give rise to civil liability, or otherwise violate any local, state, national or foreign law, including without limitation the US export laws and regulations.

3. Liability: Although Nick believes that the information on the Site is reliable, Nick makes no guarantees that information is accurate or current. Therefore, you agree that Nick, his employees and agents shall have no liability of any kind arising from your use of the Site and you hereby release them from and against any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such inaccuracies.

4. Modifications to Site: Nick reserves the right, for any reason, at his sole discretion, to terminate, change, suspend or discontinue any aspect of the Site, including, but not limited to, content, features or hours of availability. Nick may also impose limits on certain features of the Site or restrict your access to part or all of the Site without notice or penalty.

5. User Information: As part of your use of the Site, you may provide certain information to Nick or other users of the Site. You agree that the party receiving that information can use such information. You acknowledge and agree that you are solely responsible for the accuracy and content of information provided by you.

6. Indemnification: You shall indemnify, defend and hold Nick, his employees and agents harmless from and against any and all claims, losses, damages, liabilities, judgments and fees and expenses related thereto (including, without limitations, attorneys' fees), arising out of, based upon or resulting from, any breach or violation by you of these Terms and Conditions or any use by you of the Site. Nick reserves the right, at his own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle or otherwise dispose of any matter without the prior written consent of Nick.

7. Termination: These Terms and Conditions constitute a binding agreement. If you become dissatisfied with the Site, in any way, your only recourse is to immediately discontinue use of the Site. Nick may, at any time, at his sole discretion, immediately remove from the Site any information you have posted to the Site.

8. General Provisions: If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such 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. The failure by Nick to exercise or enforce any rights or provisions of this Agreement shall not constitute a waiver of such right or provision. You agree that any cause of action arising out of, or related to, the Site must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. You agree that all matters shall be venued in Travis County, Texas. The Terms and Conditions comprise the entire agreement between you and Nick and supersede all prior agreements between the parties, regarding the subject matter contained herein. All provisions in this Agreement regarding representations and warranties, indemnification, disclaimers and limitations on liability shall survive any termination of this Agreement.

9. More Information: For more information, please contact us.


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Use of this website constitutes acceptance of the Sim Sandwich User Agreement.