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TERMS OF SERVICE AGREEMENT  

 

Last Updated: 9 June 2025

1. ACCEPTANCE OF TERMS  

 

By accessing, browsing, or otherwise utilizing the website (the "Website") owned and operated by Selig & Associates, Inc. (hereinafter referred to as "Company," "we," "us," or "our"), you (hereinafter referred to as "User," "you," or "your") hereby acknowledge that you have read, understood, and irrevocably agree to be legally bound by the terms and conditions set forth herein (the "Terms of Service" or "Agreement"), in addition to any and all applicable federal, state, and local laws, statutes, ordinances, regulations, and judicial precedents, including but not limited to:  

 

The Electronic Communications Privacy Act (ECPA), 18 U.S.C. §§ 2510-2523  

 

The Computer Fraud and Abuse Act (CFAA), 18 U.S.C. § 1030  

 

The Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512  

 

The New York General Business Law (GBL), including but not limited to §§ 349-350  

 

The New York State Consumer Protection Act  

 

The Federal Trade Commission Act (FTC Act), 15 U.S.C. §§ 41-58  

 

The Children’s Online Privacy Protection Act (COPPA), 15 U.S.C. §§ 6501-6506  

 

The California Consumer Privacy Act (CCPA) (if applicable to data subjects)  

 

The EU General Data Protection Regulation (GDPR) (if applicable to data subjects)  

 

Should you dissent from any provision of this Agreement, you are expressly prohibited from accessing, utilizing, or otherwise engaging with the Website in any manner whatsoever.  

 

2. DISCLAIMER OF WARRANTIES & LIMITATION OF LIABILITY  

 

2.1 No Legal, Tax, or Professional Advice  

 

The content disseminated on the Website is furnished strictly for general informational purposes and must not be construed as legal, accounting, tax, financial, or any other form of professional advice. The Company explicitly disclaims all warranties, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, completeness, reliability, or suitability of the information, products, services, or related graphics contained on the Website for any purpose.  

 

2.2 No Guarantee of Availability or Security  

 

The Company does not warrant that:  

• The Website will operate in an uninterrupted, timely, secure, or error-free manner;  

• The Website or its servers will be free from viruses, malware, or other harmful components;  

• Any defects or errors will be corrected. 

 

You acknowledge and agree that you are solely responsible for implementing sufficient safeguards, including but not limited to anti-virus software, firewalls, and other protective measures, to ensure the security of your information technology infrastructure.  

 

2.3 Limitation of Liability  

 

To the fullest extent permissible under applicable law, including but not limited to New York Civil Practice Law and Rules (CPLR) Article 16, the Company, its affiliates, officers, directors, employees, agents, licensors, and service providers shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including but not limited to damages for lost profits, revenue, data, goodwill, or other intangible losses, arising out of or in connection with:  

• Your use or inability to use the Website; 

• Any unauthorized access to or alteration of your transmissions or data;  

• Any third-party conduct or content on the Website;  

• Any other matter relating to the Website. 

 

3. INDEMNIFICATION  

 

You hereby agree to indemnify, defend, and hold harmless the Company, its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees and court costs) arising out of or relating to:  

• Your breach of this Agreement;  

• Your violation of any applicable law, regulation, or third-party right;  

• Your misuse of the Website;  

• Any content you submit, post, or transmit via the Website.  

 

4. GOVERNING LAW & DISPUTE RESOLUTION  

 

This Agreement shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of laws principles. Any disputes arising out of or related to this Agreement or your use of the Website shall be resolved exclusively in the courts of competent jurisdiction located in New York County, New York, and you hereby irrevocably submit to the personal jurisdiction of such courts. 

 

5. MODIFICATIONS TO TERMS  

 

The Company reserves the unilateral right to amend, modify, or otherwise revise this Agreement at any time without prior notice. Your continued use of the Website following the posting of any such modifications constitutes your binding acceptance of the revised terms.  

 

6. INTELLECTUAL PROPERTY RIGHTS  

 

All trademarks, service marks, logos, trade names, and copyrighted material displayed on the Website are the exclusive property of their respective owners and are protected under 17 U.S.C. § 101 et seq. (Copyright Act) and 15 U.S.C. § 1051 et seq. (Lanham Act). Unauthorized use, reproduction, or distribution of any such material is strictly prohibited.  

 

7. EXTERNAL LINKS & THIRD-PARTY CONTENT  

 

The Website may contain hyperlinks to third-party websites. The Company disclaims all responsibility for the content, accuracy, or privacy practices of such external sites. Following any such links constitutes your acknowledgment and assumption of all risks associated therewith.  

 

8. NO ATTORNEY-CLIENT RELATIONSHIP  

 

Selig & Associates, Inc., is a New York corporation and is not a law firm.The Company does not practice law, provide legal advice, or establish attorney-client relationships. Should legal counsel be required, you are strongly advised to retain a duly licensed attorney.  

 

9. ANTI-SLAVERY & HUMAN TRAFFICKING POLICY  

 

In compliance with the California Transparency in Supply Chains Act (SB 657) and the UK Modern Slavery Act 2015, the Company unequivocally condemns all forms of slavery, forced labor, and human trafficking. We maintain rigorous internal controls to ensure that our business operations and supply chains remain free from such exploitative practices.  

 

10. MISCELLANEOUS PROVISIONS  

 

• Severability: If any provision of this Agreement is deemed unenforceable, the remaining provisions shall remain in full force and effect.  

 

• Waiver: No waiver of any term herein shall be deemed a continuing waiver.  

 

• Entire Agreement: This Agreement constitutes the entire understanding between you and the Company regarding the subject matter herein.  

 

BY USING THIS WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY ALL TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT.  

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