Copyright & Usage

TERMS OF USE

 

THIS DOCUMENT SETS FORTH THE TERMS OF USE (“TERMS OF USE”) FOR SPG TREND ADVISORS, LLC (“SPG”) WEBSITE WWW.SPGTREND.COM (“SITE”), AS MORE SPECIFICALLY DEFINED BELOW, AND THE INFORMATION, SERVICES AND/OR PRODUCTS THAT MAY BE MADE AVAILABLE TO YOU THROUGH THE SITE. PLEASE READ THESE TERMS OF USE CAREFULLY. BY USING THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE, INCLUDING THE BINDING ARBITRATION PROVISIONS IN SECTION 15, AND THAT YOU ARE A LEGAL ADULT AGE 18 OR OLDER. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT USE THE SITE IN ANY MANNER.

 

1.

Description of Site; Changes to Terms of Use. “Site” encompasses this website, including all of its content and policies, any modifications, updates, enhancements, revisions, new features and/or the addition of any new web properties, as well as the Newsletters (defined below). SPG reserves the right to change these Terms of Use at any time at SPG’s sole discretion. All Terms of Use changes will be posted on the Site and are effective immediately. Consequently, SPG recommends that you visit and review these Terms of Use frequently.

2.

Services Offered.

2.1.

Description. SPG is a registered investment advisor, or RIA, providing global investment and asset allocation strategies based in part on microeconomic, macroeconomic, financial and capital market analysis and forecasting and risk analysis through newsletters (“Newsletters”), as well as other investment services (collectively, the “Services”). In addition to the Services, SPG provides or may provide information, products and services, as well as information and advertising relating to topics, products and services offered by third parties such as investment managers (each a “Partner”) that may be of interest to you. SPG is not a party to any agreement that you may enter into with a Partner.

2.2.

Partners. You may choose to use or not to use the information contained on the Site and/or the services provided through the Site and/or the information, services and/or products provided by any Partner. In all cases, you should make your own judgments as to which Partners to use, if any. Any Partner that contacts you is solely responsible for its information, products and/or services to you, and you agree that SPG shall not be liable for any damages or costs of any type arising out of or in any way connected with your use or purchase of any Partner’s services or products or any act or failure to act of any Partner. Any self-reported information that you submit to SPG may be deemed a request by you for further information about services and/or products that may be provided to you by Partners. You may have to complete an application with, or provide other information to, a Partner before any Partner can extend any offer to you, and SPG makes no representation that any Partner will extend any offer to you. Furthermore, SPG does not guarantee that the terms, rates or prices offered and/or made available to you by any Partner that contacts you will be the best or lowest terms, rates or prices available in the market, and does not guarantee that any information provided by Partners will be accurate.

2.3.

Fees. SPG’s fees are as provided on the Site or as otherwise provided to you by SPG. Your use of the Site, including without limitation the Newsletters, is contingent upon your timely payment of all fees due to SPG hereunder. In the event you fail to timely pay any fees due SPG, these Terms of Use and your license to use the Site shall terminate immediately. SPG may receive compensation from Partners for advertisements, marketing and sales to Site users. SPG’s compensation from Partners may vary according to, among other things, quantity and filtering requirements.

2.4.

Information Forwarding. In the course of using the Site, you may be required to sign up as a member of the Site and required to enter certain information or to email certain information to SPG, including personal information, e.g., to receive additional information about a certain topic or to receive an additional component of the Services. You authorize SPG to use your self-reported information in the manner described in SPG’s Privacy Policy. You understand and agree that if you authorize us to send your self-reported information to a Partner or Partners, any Partner that receives your self-reported information may keep and use that information, whether or not you complete a transaction with the Partner.

2.5.

Site Not an Offer By Partners. Nothing in the Site constitutes an offer, promise or otherwise, that any Partner will make any service or product available to you for any purpose or on any specific terms. All decisions by Partners as to whether to offer any service or product to you are made solely by the Partners in the course of their normal business operations. Please be aware that certain services or products may only be provided by Partners to residents of states where the Partners are licensed and/or authorized to make such services or product available. By acquiring your information through the Site, participating Partners are not attempting to sell services and/or products outside their authorized states or country.

3.

Site Ownership. The Site, including all text, logos or graphic images appearing therein and including the Newsletters, is protected by copyright, trademark, patent, trade secret and other laws. The Site and all Site content, including without limitation the Newsletters, is the property of SPG and/or its affiliates and/or third party licensors and all right, title and interest in the Site shall remain with such entities. Except as specifically stated herein or otherwise specifically agreed in writing by you and SPG, you may not download, copy or print any of the Site screens or materials, including without limitation any Newsletters or page source code, for any purpose; provided, however, you may download, copy or print one copy of each Newsletter for your personal use, and may download a copy of these Terms of Use and SPG’s Privacy Policy for your records. Nothing in these Terms of Use transfers any rights to you or any third party except as expressly set forth herein. If you make other use of the Site, except as otherwise provided above, you may violate copyright and other laws of the United States and other countries, as well as applicable state laws, in addition to breaching these Terms, and you may be subject to substantial penalties and/or damages.

4.

Hyperlinks.

4.1.

Not Endorsements. The Site may contain links to non-SPG websites. A link from the Site to a non-SPG website does not mean that SPG endorses or accepts any responsibility for the content, functioning, policies or use of such website, and you enter any such website at your own risk. It is your responsibility to take precautions to ensure that whatever websites or other online materials that you select for use are free of viruses and other items of a destructive nature. SPG expressly disclaims any liability related to such sites.

4.2.

Unauthorized Links. SPG prohibits unauthorized hypertext links to the Site or the framing of any content available through the Site. SPG reserves the right to disable any unauthorized links or frames.

5.

        Site Use; Restrictions; Disclaimer.

5.1.

Site Use; Restrictions. Except as otherwise specifically agreed in writing by you and SPG, the Site, including without limitation the Newsletters, is for your use only. SPG grants you a limited, revocable, non-exclusive license to use the Site solely for the purpose of accessing the Services as provided herein, including without limitation to view the Newsletters. You will not (i) post on or transmit to the Site any defamatory, libelous, obscene, pornographic, profane, threatening, infringing or unlawful materials or any materials that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, whether under statute, common law or equitable principles, or otherwise violate any law; (ii) modify, perform, mirror, publish, create derivative works from, transfer, sell, lease, rent, sublicense, loan, share, give away or donate any information obtained from the Site or portions thereof; (iii) use the Site in any manner that violates any applicable federal, state, local, and/or international laws, regulations, orders, or other restrictions; (iv) use the Site in a manner that impedes, interferes with, impairs, or otherwise causes harm to the Site, SPG, or others, including without limitation spamming, distributing computer viruses, attempting to defeat system security, modifying and/or removing data on the Site, or accessing and/or using the Site in an unauthorized fashion; (v) delete or alter in any manner any copyright notice provided with Site materials; or (vi) when providing any information to SPG, including without limitation through the Site, provide incorrect or incomplete information, or fail to update any previously provided information promptly when such information becomes outdated, obsolete or otherwise incorrect. You agree that a breach of your license to use the Site would result in irreparable harm to SPG, and that upon such breach or threatened breach hereof, SPG shall be entitled to injunctive relief in addition to monetary or other damages to which SPG is entitled.

5.2.

Disclaimer. None of the information and/or materials contained on the Site should be construed as providing any type of investment or other advice to you, nor should you consider such information and/or materials as a solicitation, recommendation, endorsement or offer to you to purchase or sell any financial security or other financial instrument. While SPG believes its sources of information to be factual and reliable and its analysis to be accurate, in no way does SPG represent or guarantee the accuracy thereof, nor the statements made herein. You must always perform your own due diligence, consult with your personal financial advisor and independently verify all claims. Any paid advertisements and materials relating to SPG’s respective customers are not intended to directly or indirectly provide advice as to the value of any securities of the companies described or as to the advisability of investing in, purchasing, holding or selling such securities. SPG does not endorse any opinions or recommendations regarding the materials advertised, nor does it give tax or investment advice or advocate the purchase or sale of any security or investment advertised. An offer to buy or sell can be made only with accompanying disclosure documents and only in the states and provinces for which they are approved. Many states have established rules requiring the approval of a security by a state security administrator. Always confirm whether a particular security is licensed for sale in your state. Many companies have information filed with state securities regulators and many will supply investors with additional information on request. No advice or recommendation is made by SPG. It should be understood that there is no guarantee past performance will be indicative of future results.

6.

Privacy. Please see SPG’s Privacy Policy. By using the Site, you consent to SPG’s use and disclosure of information about you in accordance with the Privacy Policy, which is a part of these Terms of Use, without any further notice or any liability to you or any other person.

7.

Monitoring; No Support.

7.1.

Use Monitoring. SPG is not obligated to monitor your or any other user’s use of the Site; such responsibility rests solely with you. SPG reserves the right to monitor your use of the Site, including without limitation your use of your Site user ID and password and the Newsletter, and to restrict or terminate your use of the Site or modify or remove any information found on the Site for any reason or no reason in SPG’s sole judgment.

7.2.

Support. SPG is not obligated to provide, and shall not provide, any support, consulting, interpretation, training or assistance (collectively, “Support”) of any kind to you, including without limitation Support relating to use, operation and/or performance of the Site (including the Newsletter).

8.

        Termination; Violation of Terms of Use. SPG reserves the right to terminate at any time, at its sole discretion, the Site, your use of the Site, and/or your use of SPG’s services, including without limitation for violation or perceived violation of these Terms of Use. Additionally, SPG reserves the right to seek all remedies available for violation of these Terms of Use, including the right to block access from a particular Internet address to the Site.

9.

        Password. In using the Site, you may be assigned a user ID and password (collectively, “Your Access Codes). Your Access Codes are for your personal use only, and you shall not share, make available, post or otherwise disseminate Your Access Codes to any other person or entity. You are responsible for maintaining the security of any access Codes, shall treat Your Access Codes as confidential information, and shall protect Your Access Codes from disclosure with at least the same degree of care as you normally use in the protection of your own confidential information, but in no event with less than a reasonable degree of care. SPG is not liable for any loss that you may suffer through the use of Your Access Codes by others. You shall notify SPG immediately of any unauthorized use or threat of unauthorized use of your account or the Site or of any other breach or potential breach of security known to you with respect to your account or the Site, including without limitation any loss or compromise of Your Access Codes, and will cooperate with SPG in every reasonable way to help SPG prevent the further unauthorized use, threat of unauthorized use, disclosure or threat of disclosure regarding the Site, your account and/or Your Access Codes. You agree that immediately upon termination of your right to use the Site, including without limitation your termination of employment or contract for any reason where your right to use the Site is derived through your company, or upon any earlier demand by Company at any time, you will (i) cease all access and/or use of the Site, and will not attempt to access and/or use the Site, and (ii) return or destroy all originals, copies, reproductions, and/or summaries of the Site, including without limitation the Newsletters (and delete any electronic copies of such information maintained by you on any personal electronic systems not belonging to SPG or its clients).

10.

        SPG Holds a License in User Materials. To the extent permitted by applicable law, by sending any comments or materials (collectively “User Materials”) to SPG, including without limitation questions, submissions, suggestions, ideas, postings, comments or the like, or posting User Materials to the Site, you grant SPG a perpetual, non-revocable, transferable, unrestricted, non-exclusive, absolute, royalty-free, worldwide license to use such User Materials for any purpose in any format or media now or hereafter known. SPG shall have no obligation of any kind with respect to such User Materials and shall be free to modify, copy, perform, publish, transmit, reproduce, use, exhibit, disclose, display, transform, create derivative works, distribute the User Materials to others and otherwise exploit the User Materials without limitation, in whole or in part, alone or in conjunction with other materials, as well as the right to attempt to do so or permit others to do so or attempt to do so. Further, SPG shall be free to use any ideas, concepts, know-how or techniques contained in such User Materials for any purpose whatsoever, including but not limited to conducting research incorporating any User Materials.

11.

Notices and Procedure for Making Claims of Copyright Infringement. SPG will investigate notices of copyright infringement and take appropriate actions under the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2) (“DMCA”). Written notification of claimed copyright infringement should be submitted to SPG’s designated agent using the following contact information.

 

Morris Segall

Copyright Agent

SPG Trend Advisors

6 North Broadway, Suite 2

Baltimore, MD 21231

Email: msegall@spgtrend.com

Tel: 410-522-7243

 

12.

        Representation and Warranty Disclaimer. THE SITE AND ALL CONTENT ON THE SITE, INCLUDING TEXT, IMAGES, AND LINKS, AND THE INFORMATION PROVIDED ON OR THROUGH THE SITE AND ANY WEBSITES, WHETHER AFFILIATED OR UNAFFILIATED WITH SPG, WHICH YOU MAY VISIT THROUGH THE SITE, IS PROVIDED “AS IS” AS A CONVENIENCE TO ALL USERS, WITHOUT REPRESENTATION, WARRANTY OR ENDORSEMENT OF ANY KIND TO YOU OR ANY THIRD PARTY, INCLUDING, BUT NOT LIMITED TO, ANY EXPRESS OR IMPLIED WARRANTIES (I) OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (II) OF INFORMATIONAL CONTENT OR ACCURACY; (III) OF NON-INFRINGEMENT; (IV) OF QUIET ENJOYMENT; (V) OF TITLE; (VI) THAT THE SITE WILL OPERATE ERROR FREE, OR IN AN UNINTERRUPTED FASHION; (VII) THAT ANY DEFECTS OR ERRORS IN THE SITE WILL BE CORRECTED; (VIII) THAT THE SITE IS COMPATIBLE WITH ANY PARTICULAR HARDWARE OR SOFTWARE PLATFORM; (IX) THAT ALL SERVICES OFFERED BY SPG WILL BE AVAILABLE IN ALL MARKETS; OR (X) THAT THE INFORMATION PROVIDED ON OR THROUGH THE SITE OR ANY WEBSITES WILL BE TIMELY. ANY USE OF THE SITE AND ANY INFORMATION PROVIDED ON OR THROUGH THE SITE SHALL SOLELY BE AT YOUR OWN RISK. EFFORTS BY SPG TO MODIFY THE SITE SHALL NOT BE DEEMED A WAIVER OF THESE LIMITATIONS. IN THE EVENT YOUR JURISDICTION DOES NOT ALLOW OR LIMITS THE EXCLUSION OF WARRANTIES, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

13.

        Limitation of Liability. SPG, ITS STOCKHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES, CONTENT AND SERVICE PROVIDERS, AND PARTNERS (COLLECTIVELY, WITH SPG, “SPG ENTITIES”) SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY (I) LOSS OF PROFITS, LOSS OF USE, INTERRUPTION OF BUSINESS, OR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, WHETHER UNDER THESE TERMS OF USE, AS A RESULT OF THE USE OF THE SITE AND/OR THE CONTENT, SERVICES AND/OR PRODUCTS THAT MAY BE PROVIDED TO YOU BY THE SPG ENTITIES IN CONNECTION WITH THE SITE, UNDER STATUTE, REGULATION, COMMON LAW PRECEDENT OR DOCTRINE, OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY SUCH LOSSES ARISING OUT OF A THIRD PARTY’S UNAUTHORIZED ACCESS TO YOUR PERSONAL INFORMATION, EVEN IF THE SPG ENTITIES WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND/OR WERE NEGLIGENT; OR (II) ACTIONS, DAMAGES, CLAIMS, LIABILITIES, COSTS, EXPENSES OR LOSSES IN ANY WAY ARISING OUT OF OR RELATED TO THE SITE, YOUR USE OF THE SITE AND/OR THE INFORMATION, SERVICES AND/OR PRODUCTS THAT MAY BE PROVIDED TO YOU BY THE SPG ENTITIES IN CONNECTION WITH THE SITE FOR AN AGGREGATE AMOUNT IN EXCESS OF THE VALUE OF THE SERVICES AND/OR PRODUCTS SERVICES PROVIDED TO YOU BY THE SPG ENTITIES. THE PROVISIONS OF THIS SECTION SHALL APPLY REGARDLESS OF THE FORM OF ACTION, DAMAGE, CLAIM, LIABILITY, COST, EXPENSE OR LOSS, WHETHER IN CONTRACT, STATUTE, TORT OR OTHERWISE. IN JURISDICTIONS THAT PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY, LIABILITY HEREUNDER IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

 

14.

Indemnification. To the extent permitted by applicable law, you will indemnify, defend and hold harmless the SPG Entities from and against (and will pay upon demand each such person the amount of) any and all claims, losses, liabilities, suits, damages and disputes, including attorneys fees (collectively, “Claims”) that arise from, relate to or are caused by any breach by you of these Terms of Use or any covenant, representation or warranty contained in these Terms of Use and/or by your use of the Site. In connection with any Claims that may give rise to an obligation of you to indemnify a person as set forth above, the SPG Entities shall have the exclusive right, at its option, to defend, compromise and/or settle the suit, action or proceeding, and you shall be bound by the determination of any suit, action or proceeding so defended or any compromise or settlement so effected. The remedies provided in this Section are not exclusive of and do not limit any other remedies that may be available to the SPG Entities pursuant to this Section.

15.

Dispute Resolution (Arbitration Clause).

15.1.

Arbitration. You and SPG each agree to submit to binding arbitration in the event of a dispute, controversy or claim (each, a “Dispute”) arising out of or in connection with these Terms of Use, the Privacy Policy, your or SPG’s rights and obligations under these Terms of Use or the Privacy Policy, the Site, the use of the Site, and/or the information, services and/or products that may be provided by or through or in connection with the Site. The arbitration will be held in Maryland before one arbitrator on an individual basis and not as a class action. You expressly waive any right you may have to arbitrate a dispute as a class action. You also expressly waive your right to a jury trial. You may select one of the following arbitration organizations and its applicable rules: the National Arbitration Forum, Box 50191, Minneapolis, MN 55405-0191 (www.arb-forum.com), or JAMS, Two Embarcadero Center Suite 1100 San Francisco, CA 94111 (www.jamsadr.com). If you fail to select an arbitration organization within 30 days after notice from SPG, SPG may select the organization. You may obtain a copy of the rules of each organization by contacting the organization. In the event that any Dispute cannot be submitted to binding arbitration pursuant to the rules of any such organization, such event shall not affect the enforceability of this clause so long as the Dispute may be submitted to binding arbitration with one of the organizations. You and SPG shall agree on one arbitrator to conduct the arbitration and the arbitrator shall be selected pursuant to the applicable rules. Each party shall be responsible for its own attorney, expert and other fees, unless such fees are awarded by the arbitrator to the prevailing party. Notwithstanding anything to the contrary in this Section, to the extent you have in any manner violated or threatened to violate SPG’s intellectual property rights, SPG may seek (and you will not contest) injunctive or other appropriate relief in any state or federal court in the state of Maryland, and you consent to exclusive jurisdiction and venue in such courts.

15.2.

Arbitration Final. The arbitrator's award is final and binding on all parties. The Federal Arbitration Act (9 U.S.C. §1 et seq.), and not any state law concerning arbitration, governs all arbitration under this clause. Any court having jurisdiction may enter judgment on the arbitrator's award. If any part of this clause, other than waivers of class action rights, is deemed or found to be unenforceable for any reason, the remainder shall remain enforceable. Notwithstanding anything to the contrary contained herein, if the waiver of class action rights contained herein is not enforceable as to any person or persons, such non-enforceability shall apply to such person or persons only, and all other persons shall continue to be governed by the Arbitration Clause.

15.3.

No Class Action. These Terms of Use provide that all Claims will be resolved by binding arbitration and not in court or by jury trial. IF A CLAIM IS ARBITRATED, YOU GIVE UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST SPG INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. WITHOUT LIMITATION, THIS INCLUDES GIVING UP YOUR RIGHTS TO BRING OR PARTICIPATE IN A CLASS ACTION AS SET FORTH IN ANY STATE STATUTE.

16.

Waiver. If you are a California resident, to the extent permitted by California law, you waive California Civil Code Section 1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor” as well as any other unknown claims under California Civil Code Section 1542 or any statute or common law principle of similar effect.

17.

Jurisdiction and Venue. TO THE EXTENT A CLAIM IS NOT GOVERNED BY THE ARBITRATION CLAUSE, EXCLUSIVE JURISDICTION FOR ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE, THE PRIVACY POLICY, YOUR OR SPG’S RIGHTS AND OBLIGATIONS UNDER THESE TERMS OF USE OR THE PRIVACY POLICY, THE SITE, THE USE OF THE SITE, AND/OR THE SERVICES AND/OR PRODUCTS THAT MAY BE PROVIDED BY OR THROUGH OR IN CONNECTION WITH THE SITE SHALL BE THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND - NORTHERN DIVISION, LOCATED IN BALTIMORE CITY, MARYLAND OR, IF FEDERAL JURISDICTION IS NOT AVAILABLE, IN THE APPROPRIATE COURT OF THE STATE OF MARYLAND THAT IS LOCATED IN BALTIMORE CITY, MARYLAND; PROVIDED, HOWEVER, THAT IN THE EVENT SPG IS SUED OR JOINED BY A THIRD PARTY IN ANY OTHER COURT OR IN ANY OTHER FORUM IN RESPECT OF ANY MATTER WHICH MAY GIVE RISE TO A CLAIM BY SPG HEREUNDER, YOU CONSENT TO THE JURISDICTION OF SUCH COURT OR FORUM OVER ANY CLAIM WHICH MAY BE ASSERTED BY SPG THEREIN. YOU IRREVOCABLY CONSENT TO THE EXERCISE OF PERSONAL JURISDICTION BY SUCH COURTS IN ANY SUCH ACTION. IN ADDITION, AND NOTWITHSTANDING THE FOREGOING, YOU IRREVOCABLY WAIVE, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY OBJECTION THAT YOU MAY NOW OR HEREAFTER HAVE TO THE LAYING OF THE VENUE OF ANY SUCH SUIT, ACTION OR PROCEEDING BROUGHT IN ANY SUCH COURT AND ANY CLAIM THAT ANY SUCH SUIT, ACTION OR PROCEEDING BROUGHT IN ANY SUCH COURT HAS BEEN BROUGHT IN AN INCONVENIENT FORUM. FINAL JUDGMENT IN ANY SUCH SUIT, ACTION OR PROCEEDING BROUGHT IN ANY SUCH COURT SHALL BE CONCLUSIVE AND BINDING UPON YOU AND MAY BE ENFORCED IN ANY COURT IN WHICH YOU ARE SUBJECT TO JURISDICTION BY A SUIT UPON SUCH JUDGMENT.

18.

Waiver of Trial By Jury. TO THE EXTENT A CLAIM IS NOT GOVERNED BY THE ARBITRATION CLAUSE, SPG AND YOU EACH HEREBY WAIVE THE RIGHT TO A TRIAL BY JURY IN ANY COURT AND IN ANY SUIT, ACTION OR PROCEEDING, WHETHER IN TORT, CONTRACT OR OTHERWISE, IN WHICH ANY SUCH PARTY IS A PARTY, AS TO ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE, THE PRIVACY POLICY, YOUR OR SPG’S RIGHTS AND OBLIGATIONS UNDER THESE TERMS OF USE OR THE PRIVACY POLICY, THE SITE, THE USE OF THE SITE, AND/OR THE SERVICES AND/OR PRODUCTS THAT MAY BE PROVIDED BY OR THROUGH OR IN CONNECTION WITH THE SITE.

19.

Viewing Outside the United States. SPG makes no claims that the Site may be lawfully viewed, accessed or used outside the United States. Access or use of the Site may not be legal by certain persons or in certain countries. If you access or use the Site from outside of the United States, you do so at your own risk and you are responsible for compliance with the laws of your jurisdiction.

20.

Miscellaneous.         

20.1.

Severability. Except as otherwise expressly provided by these Terms of Use, if any provision of these Terms of Use shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If any provision of these Terms of Use is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed and enforced as so limited.

20.2.

Waiver of Contractual Right. The failure of SPG to enforce any provision of these Terms of Use shall not be construed as a waiver or limitation of SPG’s right to subsequently enforce and compel strict compliance with that provision or any other provision of these Terms of Use.

20.3.

Parties in Interest. These Terms of Use shall be binding upon, inure to the benefit of, and be enforceable by the parties to these Terms of Use and their respective successors, heirs, legatees, personal representatives and permitted assigns. No assignment, delegation or other conveyance of these Terms of Use or of any rights or obligations hereunder may be made by you (by operation of law or otherwise) without the prior written consent of SPG. SPG may assign its rights and obligations under these Terms of Use to any other party.

20.4.

Headings. The headings and other captions in these Terms of Use are for convenience and reference only and shall not be used in interpreting, construing or enforcing any of the provisions of these Terms of Use. Common nouns and pronouns will be deemed to refer to the masculine, feminine, neuter, singular, and plural, as the context may require.

20.5.

Entire Agreement. These Terms of Use constitutes the entire agreement between you and SPG and they supersede all prior or contemporaneous communications, promises and proposals, whether oral, written or electronic, between you and SPG with respect to the Site, the use of the Site and/or the Services and/or products that may be provided by or through or in connection with the Site.

20.6.

Printed Terms of Use Admissible. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

20.7.

Governing Law. These Terms of Use shall be governed by and construed in accordance with the laws of the State of Maryland, excluding any law or conflicts of law principle that would apply the law of another jurisdiction. NOTWITHSTANDING THE FOREGOING, THE PARTIES EXPRESSLY OPT OUT OF THE MARYLAND UNIFORM COMPUTER TRANSACTIONS ACT (“MUCITA”) AS PERMITTED BY SECTION 22-104 OF MUCITA.

21.

SPG Contact Information. If you have any questions or comments regarding these Terms of Use or the Site, please email SPG at info@spgtrend.com .

 

 

PLEASE RETAIN A COPY OF THESE TERMS OF USE FOR YOUR RECORDS.

 

 
 
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