Terms of Service | Selig & Associates

Last Updated: November 20, 2025

1. ACCEPTANCE OF TERMS

By accessing, browsing, using, or otherwise interacting with the website (the "Website") owned and operated by Selig & Associates, Inc., a New York corporation (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 bound by these terms and conditions (the "Terms of Service" or "Agreement"). This Agreement incorporates by reference all applicable federal, state, local, and international laws, statutes, ordinances, regulations, rules, and judicial precedents, including but not limited to:

The Electronic Communications Privacy Act (ECPA), as amended, 18 U.S.C. §§ 25102523;

The Computer Fraud and Abuse Act (CFAA), as amended, 18 U.S.C. § 1030 (noting recent judicial narrowing in Van Buren v. United States, 593 U.S. 374 (2021), limiting applicability to unauthorized access);

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

The New York General Business Law (GBL) §§ 349350 (deceptive acts and practices);

The New York State Consumer Protection from Deceptive Acts and Practices (no separate "Consumer Protection Act"; integrated via GBL § 349);

The Federal Trade Commission Act (FTC Act), 15 U.S.C. §§ 4158, as enforced by FTC guidelines on unfair or deceptive practices (16 C.F.R. Part 255);

The Children’s Online Privacy Protection Act (COPPA), 15 U.S.C. §§ 65016506, and implementing regulations at 16 C.F.R. Parts 312 and 312.1 et seq. (updated 2024 to enhance parental consent mechanisms);

The California Consumer Privacy Act (CCPA), as amended by the California Privacy Rights Act (CPRA), Cal. Civ. Code §§ 1798.1001798.199 (effective as of January 1, 2023, with expanded rights for consumers including sensitive personal information);

The Virginia Consumer Data Protection Act (VCDPA), Va. Code Ann. §§ 59.1571 et seq. (effective January 1, 2023);

The Colorado Privacy Act (CPA), Colo. Rev. Stat. §§ 611301 et seq. (effective July 1, 2023);

The Connecticut Data Privacy Act (CTDPA), Conn. Gen. Stat. §§ 42515 et seq. (effective July 1, 2023);

The Utah Consumer Privacy Act (UCPA), Utah Code Ann. §§ 1361101 et seq. (effective December 31, 2023);

The EU General Data Protection Regulation (GDPR), Regulation (EU) 2016/679 (as amended, including Schrems II implications postData Protection Comm'r v. Facebook Ir. Ltd., Case C311/18 (2020));

The UK GDPR and Data Protection Act 2018 (postBrexit alignment);

The California AgeAppropriate Design Code Act (AB 2273), Cal. Bus. & Prof. Code §§ 1798.99.281798.99.30 (effective 2024, requiring data protection impact assessments for minors);

The American Data Privacy and Protection Act (ADPPA) (pending federal legislation as of 2025, if enacted); and

Any other applicable privacy, data protection, or consumer protection laws, including emerging state laws (e.g., Indiana, Iowa, Montana, Oregon, Tennessee, and Texas consumer privacy acts effective 20242026).

If you do not agree with any provision of this Agreement, you must immediately cease all access to, use of, or interaction with the Website. Your continued use after any updates constitutes acceptance of the revised terms.

2. DISCLAIMER OF WARRANTIES & LIMITATION OF LIABILITY

2.1 No Legal, Tax, or Professional Advice

All content on the Website is provided for general informational and entertainment purposes only and does not constitute legal, accounting, tax, financial, investment, medical, or any other professional advice, recommendation, or endorsement. The Company explicitly disclaims all express and implied warranties to the maximum extent permitted by law, including but not limited to warranties of merchantability, fitness for a particular purpose, title, noninfringement, accuracy, completeness, timeliness, reliability, suitability, or freedom from errors or defects under the Uniform Commercial Code (UCC) §§ 23142315 (as adopted in New York) and analogous state laws. Users are solely responsible for verifying the accuracy of any information and consulting qualified professionals for personalized advice.

2.2 No Guarantee of Availability, Security, or Performance

The Company does not warrant, represent, or guarantee that:

The Website, its functions, or any services will be uninterrupted, timely, secure, errorfree, or free from delays, failures, or interruptions;

The Website, servers, or networks will be free from viruses, malware, ransomware, Trojan horses, worms, spyware, adware, or other harmful code, components, or contaminants;

Any errors, defects, bugs, or inaccuracies will be corrected; or

Results obtained from use of the Website will be accurate, reliable, or meet your expectations.

You assume all risks associated with your use of the Website and agree to implement and maintain adequate security measures, including but not limited to antivirus software, firewalls, encryption, regular backups, multifactor authentication, and compliance with NIST Cybersecurity Framework (as updated 2024) or equivalent standards, to protect your devices, data, and information. The Company shall not be liable for any loss or damage caused by such failures, including under the Federal Trade Commission’s safeguards rule (16 C.F.R. § 314).

2.3 Limitation of Liability

To the fullest extent permitted by applicable law, including but not limited to New York Civil Practice Law and Rules (CPLR) Article 16 (comparative negligence) and UCC § 2719 (limitation of remedies), the Company, its affiliates, subsidiaries, parent companies, officers, directors, shareholders, employees, contractors, agents, licensors, suppliers, service providers, and thirdparty partners (collectively, "Company Parties") shall not be liable for any direct, indirect, incidental, special, exemplary, punitive, consequential, or multiple damages, including but not limited to damages for loss of profits, revenue, business opportunities, anticipated savings, data, use, goodwill, reputation, intangible losses, emotional distress, personal injury, or any other pecuniary or nonpecuniary loss or harm, regardless of the theory of liability (contract, tort, strict liability, negligence, or otherwise), even if advised of the possibility of such damages, arising out of, relating to, or in connection with:

Your access to, use of, or inability to use the Website or any content, features, or services;

Any unauthorized access to, breach of, use of, disclosure of, alteration of, or destruction of your data, transmissions, or account information (notwithstanding any security measures implemented by the Company);

Any statements, errors, omissions, interruptions, deletions, defects, delays in operation or transmission, computer or network viruses, communication line failures, theft, destruction, or unauthorized access to or alteration of the Website;

Any thirdparty content, products, services, websites, advertisements, or conduct, including interactions with advertisers or sponsors;

Any reliance on information provided on the Website; or

Any other matter arising from or related to the Website, including force majeure events (e.g., acts of God, pandemics, cyberattacks, or governmental actions).

In no event shall the total aggregate liability of the Company Parties exceed one hundred U.S. dollars ($100.00), regardless of the cause of action. Some jurisdictions do not allow the exclusion or limitation of certain damages or warranties, so the above limitations may not apply to you, but they shall apply to the maximum extent permitted by law in your jurisdiction.

3. INDEMNIFICATION

You agree to indemnify, defend (at your sole expense, with counsel reasonably acceptable to the Company), and hold harmless the Company Parties from and against any and all claims, actions, suits, demands, damages, liabilities, obligations, losses, settlements, judgments, costs, expenses, or fees of any kind (including but not limited to reasonable attorneys' fees, expert fees, court costs, litigation expenses, and settlement amounts) arising out of, relating to, or resulting from:

Your access to, use of, or inability to use the Website;

Your breach, violation, or nonperformance of this Agreement, including any representations or warranties you make;

Your violation of any applicable law, regulation, ordinance, thirdparty right (including intellectual property, privacy, publicity, or data protection rights), or order of a court or governmental authority;

Your misuse, negligent, reckless, or intentional misconduct in connection with the Website;

Any content, information, data, materials, or other submissions you upload, post, transmit, share, or otherwise provide via the Website (including usergenerated content);

Any interaction or dispute with third parties, including other users, advertisers, or linked sites; or

Your gross negligence, willful misconduct, fraud, or violation of Section 230 of the Communications Decency Act (47 U.S.C. § 230), to the extent applicable.

The Company reserves the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification, and in such case, you agree to cooperate fully with the Company's defense of such claim.

4. GOVERNING LAW & DISPUTE RESOLUTION

This Agreement and all matters arising out of or relating to it, including any disputes, shall be governed by, construed, and interpreted in accordance with the laws of the State of New York, excluding its conflict of laws principles and any rules that would apply the substantive laws of another jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods (1980) is expressly excluded.

Any controversy, claim, dispute, or action arising out of, relating to, or connected with this Agreement, the Website, or any transactions thereunder (collectively, "Disputes"), shall be resolved exclusively in the state or federal courts located in New York County, New York, and you hereby irrevocably and unconditionally: (i) consent to the personal jurisdiction and venue of such courts; (ii) waive any objection to such jurisdiction or venue, including on grounds of inconvenient forum (forum non conveniens); (iii) agree not to seek removal to federal court if the Dispute is filed in state court; and (iv) agree to service of process by registered or certified mail or as otherwise permitted by law. You further waive any right to a trial by jury to the fullest extent permitted by law (e.g., N.Y. CPLR § 4102).

For Disputes involving amounts under $10,000, the parties agree to first attempt resolution through binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules (as amended 2024), conducted remotely via video or teleconference, with the arbitrator's award being final and enforceable in any court of competent jurisdiction. The prevailing party shall be entitled to recover reasonable attorneys' fees and costs.

5. MODIFICATIONS TO TERMS

The Company reserves the absolute right, in its sole discretion, to update, amend, modify, revise, supplement, or otherwise alter this Agreement at any time, with or without notice, by posting the revised version on the Website. The "Last Updated" date at the top of this Agreement shall indicate the effective date of such changes. Your continued access to or use of the Website after any such posting constitutes your affirmative, binding acceptance of the revised terms. It is your responsibility to review this Agreement periodically. If you do not agree to the changes, you must immediately stop using the Website.

6. INTELLECTUAL PROPERTY RIGHTS

All content on the Website, including but not limited to text, graphics, logos, images, audio, video, software, data compilations, trademarks, service marks, trade dress, designs, and underlying code (collectively, "Website Content"), is the exclusive property of the Company or its licensors and is protected by United States and international intellectual property laws, including:

The Copyright Act, 17 U.S.C. §§ 101 et seq. (including fair use limitations under § 107);

The Lanham Act, 15 U.S.C. §§ 1051 et seq. (trademarks and unfair competition);

The Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 1201 et seq. (anticircumvention); and

Equivalent laws in other jurisdictions.

The Company grants you a limited, revocable, nonexclusive, nonsublicensable, nontransferable license to access and view the Website Content solely for your personal, noncommercial use in accordance with this Agreement. Any other use, including reproduction, modification, distribution, public display, performance, transmission, republication, uploading, downloading, posting, framing, scraping, data mining, or creation of derivative works, is strictly prohibited without the Company's prior written consent. Violation may result in termination of access, civil remedies, and criminal penalties under 17 U.S.C. § 506 and 18 U.S.C. § 2319. The Company respects thirdparty intellectual property rights and will respond to valid DMCA notices per 17 U.S.C. § 512(c).

7. EXTERNAL LINKS, THIRDPARTY CONTENT, & ADVERTISEMENTS

The Website may include hyperlinks to, or content from, thirdparty websites, services, platforms, applications, or resources ("ThirdParty Content"). Such links and content are provided for convenience only and do not constitute endorsement, sponsorship, or affiliation by the Company. The Company has no control over, and disclaims all liability for, the availability, accuracy, completeness, privacy practices, security, legality, or appropriateness of any ThirdParty Content, including any products, services, information, or materials contained therein. Your access to or use of any ThirdParty Content is at your own risk and subject to the terms and policies of such third parties. You release the Company Parties from all claims arising from or related to ThirdParty Content. This includes, without limitation, Section 230 protections under 47 U.S.C. § 230(c)(1) (no provider liability for thirdparty content).

8. NO ATTORNEYCLIENT RELATIONSHIP

Selig & Associates, Inc. is a New York corporation engaged in general business activities and is not a law firm, licensed attorney, or provider of legal services. Nothing on the Website or in this Agreement creates, implies, or establishes an attorneyclient, fiduciary, advisory, or confidential relationship between you and the Company or any of its personnel. The Company does not practice law, offer legal advice, or represent clients. Any communications with the Company are not privileged or confidential. If you require legal, tax, or professional services, you must consult and retain a qualified, licensed professional in your jurisdiction. The Company disclaims any liability for reliance on Website content as advice.

9. USER CONTENT & SUBMISSIONS

If the Website allows user submissions (e.g., comments, feedback, or uploads), you grant the Company a perpetual, irrevocable, worldwide, royaltyfree, fully paidup, nonexclusive, transferable, sublicensable license to use, reproduce, modify, adapt, publish, translate, distribute, perform, display, and create derivative works from such submissions for any purpose, without compensation or attribution. You represent and warrant that your submissions do not infringe thirdparty rights, are not defamatory, obscene, or unlawful, and comply with all applicable laws, including COPPA and GDPR. The Company may monitor, edit, remove, or refuse submissions at its discretion but is under no obligation to do so. You are solely responsible for your submissions and any consequences thereof.

10. PRIVACY & DATA PROTECTION

Your use of the Website is also governed by the Company's Privacy Policy, incorporated herein by reference, which details how we collect, use, store, share, and protect personal information. We comply with all applicable privacy laws, including CCPA/CPRA (optout rights for sales/sharing of personal information), GDPR (data subject rights such as access, rectification, erasure, and portability), and COPPA (no collection from children under 13 without verifiable parental consent). By using the Website, you consent to such processing as described in the Privacy Policy. In the event of a data breach, the Company will notify affected users as required by law (e.g., Cal. Civ. Code § 1798.82; N.Y. Gen. Bus. Law § 899aa).

11. ANTISLAVERY, HUMAN TRAFFICKING, & ETHICS POLICY

The Company strictly prohibits and condemns all forms of modern slavery, human trafficking, forced labor, child labor, and exploitative practices in its operations and supply chains. We comply with:

The California Transparency in Supply Chains Act (Cal. Civ. Code §§ 1714.43, SB 657);

The UK Modern Slavery Act 2015 (Sections 5457, requiring annual statements);

The U.S. Federal Acquisition Regulation (FAR) Subpart 22.17 (antitrafficking provisions); and

Emerging laws such as the Uyghur Forced Labor Prevention Act (Pub. L. 11778, 2021) and the Eliminating Abusive and Rampant Neglect of Servicemembers (EARN IT) Act (if applicable).

We implement due diligence, audits, training, and reporting mechanisms to prevent such violations. Violations may result in termination of relationships and reporting to authorities.

12. TERMINATION & SUSPENSION

The Company may, in its sole discretion, suspend, restrict, or terminate your access to the Website or any part thereof at any time, without notice or liability, for any reason, including but not limited to breach of this Agreement, suspected illegal activity, or to protect the integrity of the Website. Upon termination, all licenses granted herein shall immediately cease, and you must destroy any copies of Website Content in your possession.

13. MISCELLANEOUS PROVISIONS

Severability: If any provision of this Agreement is held invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, or severed if modification is not possible, and the remaining provisions shall remain in full force and effect.

Waiver: No failure or delay by the Company in exercising any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise preclude any other or further exercise. Any waiver must be in writing and signed by an authorized representative of the Company.

Entire Agreement: This Agreement, together with the Privacy Policy and any other documents incorporated by reference, constitutes the entire and exclusive understanding and agreement between you and the Company regarding the subject matter hereof and supersedes all prior or contemporaneous agreements, proposals, understandings, or representations, whether oral or written.

Assignment: The Company may assign or transfer this Agreement and its rights and obligations hereunder, in whole or in part, to any successor, affiliate, or third party (including in connection with a merger, acquisition, reorganization, or sale of all or substantially all assets), without notice to or consent from you. You may not assign, transfer, delegate, or sublicense any of your rights or obligations under this Agreement without the Company's prior written consent, and any purported assignment in violation hereof shall be null and void. Subject to the foregoing, this Agreement shall bind and inure to the benefit of the parties and their respective permitted successors, heirs, executors, administrators, and assigns.

Force Majeure: The Company shall not be liable for any delay or failure to perform its obligations under this Agreement due to causes beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemics, epidemics, war, terrorism, civil unrest, labor disputes, strikes, embargoes, governmental orders, regulations, or actions, material shortages, supplier failures, utility or internet service interruptions, cyberattacks, or other similar events ("Force Majeure Events"). The Company's performance shall be excused during the duration of such Force Majeure Events, and the Company shall resume performance as soon as reasonably practicable thereafter.

Headings: The section headings and titles in this Agreement are for convenience of reference only and shall not affect the construction, interpretation, or meaning of any provision hereof.

Notices: All notices, requests, consents, claims, demands, waivers, and other communications hereunder (each, a "Notice") must be in writing and addressed to the parties at the addresses set forth on the Website or as otherwise designated by the parties. Notices to the Company should be sent via email to [insert email address] or certified mail to its principal place of business. Notices to you may be sent to the email or physical address provided during registration or use of the Website. All Notices shall be effective upon receipt (or three (3) days after deposit in the U.S. mail, postage prepaid, whichever is earlier) and shall be deemed delivered as provided herein, notwithstanding any refusal of delivery.

Relationship of the Parties: This Agreement does not create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and the Company. Neither party has the authority to bind the other without the other's express written consent.

Export Control: You agree to comply with all applicable U.S. and international export control laws, regulations, and restrictions, including but not limited to the Export Administration Regulations (15 C.F.R. Parts 730774) and the International Traffic in Arms Regulations (22 C.F.R. Parts 120130). You represent and warrant that you are not located in, under the control of, or a national or resident of any country subject to U.S. embargo or comprehensive sanctions (e.g., Cuba, Iran, North Korea, Syria, as designated by the U.S. Department of the Treasury's Office of Foreign Assets Control (OFAC) at 31 C.F.R. Part 500 et seq.).

ThirdParty Beneficiaries: Except for the Company Parties, who are express thirdparty beneficiaries of this Agreement with enforceable rights hereunder, there are no thirdparty beneficiaries to this Agreement.

Survival: Provisions of this Agreement that by their nature should survive termination, including but not limited to Sections 2 (Disclaimer of Warranties & Limitation of Liability), 3 (Indemnification), 6 (Intellectual Property Rights), 8 (No AttorneyClient Relationship), 9 (User Content & Submissions), 10 (Privacy & Data Protection), 12 (Termination & Suspension), and this Section 13 (Miscellaneous Provisions), shall survive any termination or expiration of this Agreement.

BY ACCESSING, USING, OR OTHERWISE INTERACTING WITH THE WEBSITE, YOU AFFIRM THAT YOU ARE AT LEAST EIGHTEEN (18) YEARS OF AGE (OR THE AGE OF MAJORITY IN YOUR JURISDICTION IF HIGHER), HAVE THE LEGAL CAPACITY TO ENTER INTO THIS AGREEMENT, AND ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND IRREVOCABLY AGREE TO BE LEGALLY BOUND BY ALL TERMS AND CONDITIONS SET FORTH HEREIN, AS MAY BE AMENDED FROM TIME TO TIME. IF YOU ARE ACCESSING THE WEBSITE ON BEHALF OF AN ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THIS AGREEMENT.