Simmons First National Corporation and its subsidiaries ("Simmons First") provide the materials contained at our site(s) on the World Wide Web (the "Site") as a service to our customers and visitors. Simmons First requires that all visitors to the Site adhere to the following Terms and Conditions. By accessing the Site and any of its pages, you indicate your acknowledgment and acceptance of the Terms and Conditions set forth below without limitation or qualification. Simmons First may revise these Terms and Conditions at any time by updating this posting, which revisions will be binding upon all visitors to the Site. You should therefore visit this posting to review these Terms and Conditions from time to time as you visit the Site. For purposes of these Terms and Conditions references to Simmons First include its affiliates, directors and employees.
Laws and Regulations
User access to and use of the Site is subject to all applicable federal, state and local laws and regulations. Unauthorized use of this system is prohibited and violators can be prosecuted under federal and state laws. Arkansas law and Federal law will govern the interpretation and enforcement of these Terms and Conditions.
Copyright and Trademark Information
The information contained at the Site, including but not limited to text and images herein (other than certain images licensed from third parties) and their arrangement, are copyrighted. 8 2005 by Simmons First National Corporation. All rights reserved. Simmons First and its logo are trademarks of Simmons First. All other trademarks are property of Simmons First unless otherwise designated or clearly implied herein as belonging to third parties. Nothing contained at the Site shall be construed as granting by implication, estoppel, or otherwise any license or right under any patent, trademark, copyright (except as expressly stated above) or proprietary rights of Simmons First or of any third party. The Site, including this page, may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Certain images and information at the Site are the copyright or trademark of third parties and any use is subject to the terms and conditions of such third parties.
You are authorized by Simmons First to copy, transmit or display any information registered or owned by Simmons First on any page of the Site solely for your personal, non-commercial use, provided that any such copy, transmission or display includes any copyright, trademark or service mark attribution as it appears on such page. The information and materials contained at the Site may not otherwise be copied, transmitted, displayed, distributed, downloaded, licensed, modified, published, posted, reproduced, used, sold, transmitted, used to create a derivative work or otherwise used for commercial or public purposes without Simmons First's prior written consent.
Limitation of Liabilities and Warranties
INFORMATION ON THE SITE IS PROVIDED"AS IS" WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
The information contained at the Site may include typographical errors or technical inaccuracies. Simmons First from time to time amends, changes, adds, deletes, updates or alters the information contained at this Site, including information regarding the products and services described at the Site, without notice. Simmons First assumes no liability for any errors or omissions in the information contained at the Site and expressly disclaims any responsibility to update the information contained at the Site.
IN NO EVENT SHALL SIMMONS FIRST BE LIABLE FOR ANY PUNITIVE, SPECIAL, DIRECT, INDIRECT, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO LOSS OF USE, DATA, OR PROFITS, WITHOUT REGARD TO THE FORM OF ANY ACTION, INCLUDING BUT NOT LIMITED TO CONTRACT AND TORT ACTIONS (INCLUDING LIBEL), ARISING OUT OF OR IN CONNECTION WITH THE USE, COPYING OR DISPLAY OF, OR THE INTERACTION OR ANY OTHER FORM OF COMMUNICATION WITH, THE SITE AND THE INFORMATION CONTAINED AT THE SITE (INCLUDING VIA COMPUTER VIRUSES OR ANY OTHER FORM OF SOFTWARE).
Regardless of whether you have chosen to opt out of certain marketing offers from Simmons First, by using Simmons First Online you agree that we may market our services and the services of other companies on the Site through the use of banner ads, "hyper-links," and other similar marketing devices. Products offered will be at the sole discretion of Simmons First, and may be provided by companies not affiliated with Simmons First. Non-affiliated companies will be solely responsible and liable for the provision of or failure to provide stated services, benefits, or products. Simmons First does not legally endorse or guarantee products or services provided by non-affiliated companies and such products or services are neither FDIC insured or bank guaranteed.
Links to Other Internet Web Sites
Some of the Web sites listed as links herein are not under the control of Simmons First, but rather are exclusively controlled by third parties. Accordingly, Simmons First makes no representations whatsoever concerning such Web sites. Although Simmons First may provide a link to a third party, such a link is not an authorization, endorsement, sponsorship or affiliation by Simmons First with respect to such Web site, its owners or its providers. Simmons First is providing these links only as a convenience to you. Simmons First has not tested any information, products or software found on such Web sites and therefore cannot make any representations whatsoever with respect thereto. It is up to you to take precautions to ensure that whatever you select is free of such items as viruses, worms, trojan horses and other items of a destructive nature.
IN NO EVENT WILL SIMMONS FIRST BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF ANY HYPERLINKED WEB SITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Notice to Investors
SIMMONS FIRST DOES NOT WARRANT OR GUARANTEE THE ACCURACY OR THE COMPLETENESS OF INFORMATION PROVIDED HEREIN WITH RESPECT TO THE SHARE PRICE OF SIMMONS FIRST NATIONAL CORPORATION AND OTHER INVESTMENT-RELATED INFORMATION THAT MAY BE AVAILABLE BY HYPERLINK OR OTHERWISE. UNDER NO CIRCUMSTANCES WILL SIMMONS FIRST BE LIABLE FOR ANY LOSS OR DIRECT, INDIRECT, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES CAUSED BY RELIANCE ON THIS INFORMATION OR FOR THE RISKS OF THE STOCK MARKET.
Information or statements provided by Simmons First from time to time at the Site or otherwise may contain certain "forward-looking statements." Statements that are not historical facts, including statements about Simmons First's beliefs and expectations, are forward-looking statements. Forward-looking statements include information relating to growth in earnings per share, returns on equity, growth in managed loans outstanding and customer accounts, net interest margins, funding costs, operations costs and employment growth, marketing expense, delinquencies and charge offs. Such forward-looking statements may be identified by the use of terminology such as may, will, expect, anticipate, intend, plan, believe, estimate, goal, target, forecast, project, continue or similar expressions and may involve certain risks or uncertainties and are qualified in their entirety by the cautionary statements provided below. These cautionary statements are being made pursuant to the provisions of the Private Securities Litigation Reform Act of 1995 (the Act) and with the intention of obtaining the benefits of the safe harbor provisions of the Act for any such forward-looking information.
Simmons First cautions investors not to place undue reliance on any forward-looking statements, as they speak only of Simmons First's views as of the date the statement was posted at the Site. Simmons First cautions readers that any forward looking information is not a guarantee of future performance and that actual results could differ materially due to various factors, including but not limited to the following: continued intense competition from numerous providers of products and services which compete with Simmons First's businesses; with respect to financial products, changes in Simmons First's aggregate accounts or consumer loan balances and the growth rate thereof, including changes resulting from factors such as shifting product mix, amount of actual marketing expenses made by Simmons First and attrition of accounts and loan balances; an increase in credit losses (including increases due to a worsening of general economic conditions); difficulties or delays in the development, production, testing and marketing of new products or services; losses associated with new products or services or expansion internationally; financial, legal, regulatory or other difficulties that may affect investment in, or the overall performance of, a product or business, including changes in existing laws to regulate further the credit card and consumer loan industry and the financial services industry, in general (including the flexibility of financial services companies to use and share data); the amount of, and rate of growth in, Simmons First's expenses (including salaries and associate benefits and marketing expenses) as Simmons First's business develops or changes or as it expands into new market areas; the availability of capital necessary to fund Simmons First's new businesses; the ability of Simmons First to build the operational and organizational infrastructure necessary to engage in new businesses or to expand internationally; the ability of Simmons First to recruit experienced personnel to assist in the management and operations of new products and services; and other factors listed from time to time in Simmons First's reports filed with the Securities and Exchange Commission.
Simons First wishes to caution investors that other factors in the future may prove to be important in affecting Simmons First's results of operations. New factors may emerge from time to time and it is not possible for management to predict all of such factors, nor can it assess the impact of each such factor on the business or the extent to which any factor, or combination of factors, may cause actual results to differ materially from those contained in any forward-looking statements.
Violations of Terms and Conditions
Simmons First reserves the right to seek all remedies available at law and in equity for violations of these Terms and Conditions, including the right to block access from a particular Internet address to the Site. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS SIMMONS FIRST FROM ANY LIABILITY, LOSS, CLAIM AND EXPENSE, INCLUDING ATTORNEY'S FEES, RELATED TO YOUR VIOLATION OF THESE TERMS AND CONDITIONS OR YOUR USE OF THE SERVICES AND INFORMATION PROVIDED AT THE SITE.