TERMS AND CONDITIONS

TERMS AND CONDITIONS 

 
 

TERMS OF USE

These terms and conditions govern your use of this website. By accessing this website, you are acknowledging and accepting these terms of use. These terms of use are subject to change by Ashley Wills LLC (hereinafter “COMPANY”) at any time and at COMPANY’s discretion without notice. Your use of this website after any changes are implemented constitutes your acceptance of the changes. As a result, we encourage you to consult the terms and conditions each time you use this website. 

1. INTELLECTUAL PROPERTY 

You acknowledge and agree that all content and materials available on this website are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorized by COMPANY, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or content. You agree not to use the content and/or materials available on this website for any use whatsoever without the express written permission of COMPANY. COMPANY intends to enforce its intellectual property rights pertaining to any and all content and/or materials available on this website to the fullest extent permitted by law.  

The COMPANY respects intellectual property rights.  COMPANY is under no obligation to investigate or review claims of intellectual property infringement and is not liable for any content that a website user may use in an unauthorized way.  However, if you believe that any of your intellectual property rights have been violated or infringed upon, please inform COMPANY by contacting them at the contact information provided herein.  COMPANY takes claims of intellectual property infringement very seriously. COMPANY will review any notice and/or counter-notices submitted in compliance with the Digital Millennium Copyright Act of 1998 (the “DMCA”).

2. THIRD PARTY REFERENCES / HYPERLINKS 

This site may link you to other sites on the Internet. These sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under the control of COMPANY, and you acknowledge that COMPANY is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of the site by or any association with its operators.  COMPANY has no control over those third party sites, and COMPANY is not liable for the actions of those third parties who we may promote, retain, and/or link to. We advise you to review the terms and conditions and privacy policies of any and all third parties and you agree to do so. 

You acknowledge and agree that COMPANY may use third-party providers to facilitate payment transactions and/or communications between Client and COMPANY to deliver services and/or products to you.  By use of this site and any such third-party provider, you expressly consent to the use of said third-party providers.  COMPANY represents that it chooses said third-party providers with care and respect for the privacy and safety of its clients and their financial and other information.  However, you expressly acknowledge that no third-party provider and/or other transaction using the Internet or otherwise is totally secure, and you agree to hold COMPANY harmless for any loss, breach, dissemination of information, theft, and/or damage of any kind resulting from COMPANY’s use of third-party providers.  

 

COMPANY may decide to allow users to post content on its site.  If COMPANY chooses to do so, COMPANY is not responsible for any content posted by users.  Users are third parties not under the control of COMPANY.  You explicitly acknowledge that COMPANY is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of any content posted on its site by third parties. A user’s choice to post content on the site does not imply endorsement of that user and/or any association with that user.   COMPANY has no control over third parties, and COMPANY is not liable for the actions of those third parties.  However, if you believe a third party has posted content that is inaccurate, illegal, and/or offensive, please inform COMPANY immediately using the contact information for COMPANY provided herein.  

 

3. DISCLAIMER OF WARRANTIES OR GUARANTEES

ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS SITE (THE “CONTENT”) ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. COMPANY AND ITS AGENTS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS SITE IS SOLELY AT YOUR RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU. 

You understand and acknowledge that no content on this site constitutes a warranty of any kind, regarding any specific and/or general benefit or result. If you are dissatisfied in any way, you understands that your only available remedy is to request a refund of any compensation paid; however, COMPANY may consider but is not obligated to issue any such refund. 

4. LIMITATION OF LIABILITY 

UNDER NO CIRCUMSTANCES SHALL COMPANY OR ITS AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, COMPANY’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. 

5. INDEMNIFICATION 

Upon a request by COMPANY, you agree to defend, indemnify, and hold COMPANY and its other affiliated companies harmless, and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney’s fees, that arise from your use or misuse of this site. 

6. PRIVACY POLICY 

By accessing this website, you explicitly agree to be bound by the terms of COMPANY’s Privacy Policy, which can be accessed on this site, and which is incorporated by reference herein. 

 

7. CALIFORNIA NOTICES

 

California uses are hereby informed that if they have any complaints regarding this site, they may contact The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs as follows: by phone at (800) 952-5210, or by mail at 1625 North Market Blvd., Sacramento, CA 95834. 

 

8. SEVERABILITY AND INTEGRATION 

Unless otherwise specified herein, this agreement constitutes the entire agreement between you and COMPANY with respect to this site and supersedes all prior or contemporaneous communications between you and COMPANY with respect to this site. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. 

9. JURISDICTION 

These Terms of Use shall be governed, construed and interpreted by, through and under the Laws of the State of Missouri. You hereby agree that any claim or dispute that may arise under these Terms of Use must be resolved by a court located in Phelps County, Missouri and/or the federal court having jurisdiction over Phelps County, Missouri. You agree to submit to the personal jurisdiction of said courts for the purpose of litigating all such claims or disputes. 

 

10. RESTRICTIONS ON USE

 

By using this site, you explicitly agree that you will not use this site or any of its content for pornographic uses, libelous uses, unlawful uses, and/or for any other use that is not specifically authorized by this Agreement.  You further agree not to interfere with and/or attempt to alter the operation and/or security aspects of this site or to use any technology including, but not limited to, bots, crawlers, and scrapers to attempt to do so.  

11. TERMINATION

COMPANY reserves the right to refuse access to this site and its content in its sole discretion at any time, without cause or notice. 

12. CONTACTING US 

If you need to contact us about any matter related to the Terms of Use, you can email us at info@ashleywills.com, call us at (573) 201-8932, or mail correspondence to us at 108 North Jefferson, Saint James, MO 65559.

 

We strive to provide excellent customer service.  If you have any questions about these Terms of Use or our practices, please feel free to contact us using one of the methods listed above.