A1 Appraisal Services, LLC, doing business as Torry Webb Consulting Services (“TWCS”), provides the content on this Web site (the “Site”) subject to the following terms of use and conditions (the “Terms”). We may periodically change the Terms without notice to you, so please review these Terms from time to time. Unless explicitly stated otherwise, any new features that augment or enhance the Site shall be subject to these Terms. By accessing and using this Site, you agree to these Terms. If you are a TWCS client, you may have agreed to additional terms and conditions (“Terms and Conditions”); in the event of any conflict between these Terms and the Terms and Conditions, the most restrictive favoring TWCS shall control your use and interaction with the Site.

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1.0  Description of Service

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This Site may offer and provide a variety of resources and information for users (the “Services”). The Site does not provide legal, accounting, or investment advice or services; no attorney-client relationship is created between TWCS and any users of any TWCS Services or any TWCS licensors.

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2.0  Content Disclaimer

 

Some of the content on this Site, including without limitation, any text, audio, video, graphics, software, scripts, and the like (“Site Content”) is created and developed by (or for) TWCS for users’ private, non-commercial use. TWCS cannot and does not guarantee and makes no representations as to the accuracy or quality of its Site Content, all of which is offered “as is.” As a Site user, you agree to be bound by these Terms and any applicable Terms and Conditions and represent, among other things, that you will not disclose any Site Content or information that is subject to a confidentiality obligation or use the same for any commercial endeavor, for-profit or otherwise or participate in any activity in violation of these Terms and any applicable Terms and Conditions and any agreements or duties owed to third parties. TWCS relies on the accuracy of these representations when you use the Site and does not necessarily seek independent verification.

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3.0  Confidentiality Agreement

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As a user, you agree to and are bound by the non-disclosure provision of these Terms and any applicable Terms and Conditions. You agree not to disclose or attempt to use any Site Content or personally benefit from any Site Content or any Confidential Information (as defined below), which you learn on or through TWCS’s Site or through any free or paid involvement or engagement with TWCS or accessed through any password-protected TWCS or TWCS-affiliate website. This obligation shall continue until such time as the Confidential Information has become publicly known through no action of your own. Confidential Information includes but is not limited to: (i) the existence, title, and description of any TWCS project; (ii) information about actual or potential business, formation, model, planning, management, document, investment, strategy, or related TWCS activity or service; (iii) any other confidential information that TWCS or its affiliates may provide, produce, or recommend, and (iv) any intellectual property, including without limitation any trade secrets, know-how, or copyrighted information (e.g., business models, documents, agreements, etc.). If you are compelled by a court order from a court or other governmental or legal body (or receive or have notice that such an order is being sought) to divulge any Confidential Information, you agree to notify TWCS promptly and diligently and cooperate fully with TWCS to protect such information to the extent possible under applicable law.

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4.0  Intellectual Property Rights

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Site Content and trademarks, service marks, and logos contained therein (severally and collectively, “Marks”) are owned by or licensed to TWCS. All Marks are subject to copyright and other intellectual property rights under the United States (U.S.) and foreign laws and international conventions. You may not copy, reproduce, distribute, transmit, broadcast, display, sell, license, upload, or otherwise exploit any Marks or Site Content without TWCS’s prior written consent or the prior written consent of the respective owners.

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5.0  To Report A Concern About Content On The Site

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If you believe that any Site Content is in any way unlawful, defamatory, threatening, deceptive, misleading, subject to a confidentiality obligation, or constitutes material, non-public information, promptly notify TWCS at Torry Webb Consulting Services c/o Torry Webb, 1030 N Center Parkway, Kennewick, WA 99336; email Torry Webb at: Admin@TorryWebb.com; or call (509) 222-2222.

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6.0  Copyright Policy

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TWCS prohibits the posting of any information that infringes or violates the copyright rights and other intellectual property rights (including the privacy and publicity rights) of any person or entity. If you believe that the Site Content infringes your intellectual property right (or any right that you are responsible for enforcing), please promptly notify TWCS at the address below, providing a written statement that contains: (a) identification of the copyrighted work and/or intellectual property right(s) allegedly infringed; (b) identification of the allegedly infringing Site Content; (c) your first and last name, address, daytime telephone number, and an e-mail address (if available); (d) a good-faith statement that you believe that TWCS’s use of the copyrighted work or exercise of the intellectual property right is not authorized by the owner, its agent, or the law; (e) a statement that the information in the notification is accurate and, under penalty of perjury, that the signatory (i.e., you) are authorized to act on behalf of the owner of the allegedly infringed right. TWCS will process alleged infringement notices taking appropriate action as required by the Digital Millennium Copyright Act (DMCA) 17 U.S.C. 512(c)(3). Please note that U.S. law provides significant penalties for submitting false statements in this regard. TWCS’s contact for submission of notices under this Section regarding claimed copyright infringement is: Torry Webb Consulting Services c/o Torry Webb, 1030 N Center Parkway, Kennewick, WA 99336; email Torry Webb at: Admin@TorryWebb.com; or call (509) 222-2222.

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7.0  Privacy Policy

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You understand that your Site access may result in the collection, use, and storage of any information that you provide, which is subject to our Privacy Policy. By accessing or using the Site you consent to the collection, use, and storage of such information, which TWCS believes will be held in the U.S. but may be processed and stored by other TWCS companies or affiliates around the world. For an explanation of TWCS’s practices and policies related to the collection, use, and storage of users’ information, please read the TWCS Privacy Policy.

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8.0  Disclaimer of Warranties

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THE CONTENT (SITE CONTENT) AND SITE FUNCTIONALITY ARE PROVIDED WITH THE UNDERSTANDING THAT TWCS IS NOT HEREIN ENGAGED IN RENDERING PROFESSIONAL LEGAL, ACCOUNTING, FINANCIAL, INVESTMENT, OR OTHER ADVICE AND SERVICES TO YOU. ALL SITE CONTENT AND SITE FUNCTIONALITY ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. TWCS MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE OWNERSHIP, ACCURACY, OR ADEQUACY OF THE SITE CONTENT OR THAT THE SITE FUNCTIONALITY WILL BE UNINTERRUPTED OR ERROR-FREE. YOU HEREBY ACKNOWLEDGE THAT YOUR SITE USE IS AT YOUR SOLE RISK. UNDER NO CIRCUMSTANCES SHALL TWCS OR ANY OF ITS PREDECESSORS, SUCCESSORS, PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, INVESTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, CONTRACTORS, AFFILIATES, OR ATTORNEYS (AND THEIR RESPECTIVE HEIRS, SUCCESSORS AND ASSIGNS) BE LIABLE FOR ANY DAMAGES, INCLUDING DIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES THAT DIRECTLY OR INDIRECTLY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE OR THE INFORMATION CONTAINED ON OR THE SERVICES ENGAGE THROUGH THIS SITE, OR OBTAINED IN ANY FORM OR FASHION FROM YOUR USE OF THIS SITE, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE SITE, EVEN IF TWCS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES AND REGARDLESS OF THE THEORY OF LIABILITY.

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9.0  Indemnification

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As a condition of your Site use, you agree to indemnify, defend, and hold TWCS and its officers, directors, employees, agents, representatives, contractors, and affiliates harmless from and against all direct and indirect claims, damages, losses, costs (including reasonable attorneys’ retainers and fees), and other expenses that arise directly or indirectly out of or from (a) your violation of the Terms; (b) your use of the Site; or (c) your violation of the rights of any third party.

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10.0  Third-Party Web Sites

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TWCS may provide links to third-party Websites, and some or all the content appearing on this site (as Site Content) may in fact supplied by third parties. TWCS does not endorse and has no responsibility for the availability, accuracy, quality, or content of any third-party Websites, which are governed by the terms of use and privacy policies, if any, of the applicable third-party content providers. TWCS has no (and shall have no) liability or responsibility, directly or indirectly, for any indirect or direct damage or loss (of every kind) caused or alleged to be caused by the use of or reliance on any Services or Site Content or such other content, goods, or services available on or through this Site or any third-party site.

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11.0  General Terms

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11.1  Governing Law; Jurisdiction: These Terms are governed by the laws of the State of Washington without reference to the principles of conflicts of laws thereof. You agree to submit to the personal and exclusive jurisdiction of the courts located within Washington State, in Benton County, with respect to all disputes arising out of or related to these Terms. If any part of these terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the spirit, intent, validity, and enforceability of the remaining provisions.

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11.2  Complete Agreement: These Terms sets forth the entire understanding between you and TWCS, superseding all prior versions of the Terms. In addition, you may also be subject to additional terms and conditions when you access or use other TWCS or TWCS affiliate services or content.

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11.3  Severability: If any provision of these Terms is declared void or is otherwise unenforceable, such provision shall be deemed to have been severed from these Terms, which shall otherwise remain in full force and effect.

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January 1, 2022

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