Last updated: Nov 29th, 2023

The Terms and Conditions (Terms) describe how “Calyx Mortgage Inc dba Sims Mortgage Team” hereinafter referred to as “Sims Mortgage Team” located at 2245 Texas Drive, Suite 30, Sugar Land, TX, United States, 77479 (Company, we, and our) regulates your use of this website https://SimsMortgageTeam.com (the Site, Website).

Please read these Terms of Use (“Terms”, “Terms of Use”) carefully before using the SimsMortgageTeam.com website (the Service, Site, Website) operated by “Sims Mortgage Team” (“us”, “we”, or “our”).

The Company may change the Terms at any time.

The Company may inform you of the changes to the Terms using the available means of communication. The Company recommends you check the Site frequently to see the actual version of the Terms and their previous versions.

If you represent a legal entity, you certify that you are entitled by such a legal entity to conclude the Terms as the legal entity you represent.

Your access to and use of the Website is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Website.

By accessing or using the Website you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Website.

Privacy Policy

Our Privacy Policy is available on a separate page. Our Privacy Policy explains to you how we process information about you. You shall understand that through your use of the Website, you acknowledge the processing of this information shall be undertaken in accordance with the Privacy Policy.

Your Account(s)

When you create an account with us, you must provide us with information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

We do not knowingly collect personal data from persons under the age of 16 (sixteen). If you are under 16 (sixteen) years old, you may not use the Site and may not enter into the Terms under any circumstances.

Services

The Website allows you to use Services available on the Website. You shall not use the services for the purpose of any illegal activities or objectives.

We may, at our sole discretion, set fees for using the Website for you. All prices are published separately on relevant pages on the Website. We may, at our sole discretion, at any time change any fees.

We may use certified payment systems which also may have their commissions. Such commissions may be implied on you when you choose a particular payment system. Detailed information about commissions of such payment systems may be found on their websites.

Prohibited Use and Intellectual Property

The Website and its original content, features, and functionality are and will remain the exclusive property of “Sims Mortgage Team” and its licensors.

We grant our visitors a non-transferable, non-exclusive, revocable license to access and use the Website from one device in accordance with the Terms.

You shall not use the Website for unlawful or prohibited purposes. You may not use the Website in a way that may disable, damage, or interfere with the Website.

All content present on the Website includes text, code, graphics, logos, images, compilation, and software used on the Website (hereinafter and hereinbefore the Content). The Content is the property of the Company or its contractors and protected by intellectual property laws that protect such rights. You agree to use all copyright and other proprietary notices or restrictions contained in the Content and you are prohibited from changing the Content.

You may not publish, transmit, modify, reverse engineer, participate in the transfer, create and sell derivative works, or in any way use any of the Content. Your enjoyment of the Website shall not entitle you to make any illegal and disallowed use of the Content, and in particular, you shall not change proprietary rights or notices in the Content. You shall use the Content only for your personal and non-commercial use. The Company does not grant you any licenses to the intellectual property of the Company.

Third-Party Services and Links To Other Web Sites

Our Service may contain links to third-party websites or services that are not owned or controlled by “Sims Mortgage Team”.

“Sims Mortgage Team” has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that “Sims Mortgage Team” shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

The Company Materials

By posting, uploading, inputting, providing, or submitting your Content you are granting the Company to use your Content in connection with the operation of the Company’s business including, but not limited to, the rights to transmit, publicly display, distribute, publicly perform, copy, reproduce, and translate your Content; and to publish your name in connection with your Content.

No compensation shall be paid with regard to the use of your Content. The Company shall have no obligation to publish or enjoy any Content you may send us and may remove your Content at any time.

By posting, uploading, inputting, providing, or submitting your Content you warrant and represent that you own all of the rights to your Content.

Disclaimer of Certain Liabilities

The information available via the Website may include typographical errors or inaccuracies. The Company shall not be liable for these inaccuracies and errors.

The Company makes no representations about the availability, accuracy, reliability, suitability, and timeliness of the Content contained on and services available on the Site. To the maximum extent allowed by the applicable law, all such Content and services are provided on an as-is basis. The Company disclaims all warranties and conditions regarding this Content and services, including warranties and provisions of merchantability, and fit for a certain purpose.

To the maximum extent permitted by the applicable law, in no event shall the Company be liable for any direct, indirect, incidental, consequential, special, punitive damages including, but not limited to, damages for loss of enjoyment, data or profits, in the connection with the enjoyment or execution of the Website in the context of the inability or delay to enjoy the Website or its services, or for any Content of the Website, or otherwise arising out of the enjoyment of the Website, based on contract and non-contract liability or other reason.

If the exclusion or limitation of liability for damages, whether consequential or incidental, is prohibited in a particular case, the exclusion or limitation of liability shall not apply to you.

Indemnification

You agree to indemnify, defend, and hold harmless the Company, its managers, directors, employees, agents, and third parties, for any costs, losses, expenses (including attorneys’ fees), liabilities regarding or arising out of your enjoyment of or inability to enjoy the Website or its services and Company’s services and products, your violation of the Terms or your violation of any rights of third parties, or your violation of the applicable law. The may assume the exclusive defense and you shall cooperate with the Company in asserting any available defenses.

Termination

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Governing Law

These Terms shall be governed and construed in accordance with the laws of the United States without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have between us regarding the Service.

Miscellaneous

No joint venture, partnership, employment, or agency relationship shall be implied between you and the Company as a result of the Terms or use of the Site.

Nothing in the Terms shall be a derogation of the Company’s right to comply with governmental, court, police, and law enforcement requests or requirements regarding your enjoyment of the Site.

If any part of the Terms is determined to be void or unenforceable in accordance with applicable law then the void or unenforceable clauses will be deemed superseded by valid and enforceable clauses that shall be similar to the original version of the Terms and other parts and sections of the Terms shall be applicable to you and the Company.

The Terms constitute the entire agreement between you and the Company regarding the enjoyment of the Site and the Terms supersede all prior communications and offers, whether electronic, oral, or written, between you and the Company.

The Company and its affiliates shall not be liable for a failure or delay to fulfill its obligations where the failure or delay results from any cause beyond the Company’s reasonable control, including technical failures, natural disasters, blockages, embargoes, riots, acts, regulation, legislation, or orders of government, terroristic acts, war, or any other force outside of Company’s control.

In case of controversies, demands, claims, disputes, or causes of action between the Company and you relating to the Site or other related issues, or the Terms, you and the Company agree to attempt to resolve such controversies, demands, claims, disputes, or causes of action by good faith negotiation, and in case of failure of such negotiation, exclusively through the courts of the country where the Company is set up.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

Complaints

We are committed to resolving any complaints about our collection or use of your personal data. If you would like to make a complaint regarding these Terms or our practices in relation to your personal data, please contact us at FOA PR Department, Sims Mortgage Team. 2245 Texas Drive, Suite 300, Sugar Land, TX, United States, 77479. We will reply to your complaint as soon as we can and in any event, within 30 days. We hope to resolve any complaint brought to our attention, however, if you feel that your complaint has not been adequately resolved, you reserve the right to contact your local data protection supervisory authority.

Contact Us

If you have any questions about these Terms, please contact us in writing at:

Calyx Mortgage Inc dba Sims Mortgage Team
2245 Texas Drive, Suite 300
Sugar Land, TX
United States, 77479