Terms and Conditions

This web site (the “Site”) is maintained by S&H Digital, a division of Sudler & Hennessey, LLC (“S&H Digital”).

YOUR ACCESS AND USE OF THE SITE IS SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS (“TERMS AND CONDITIONS”) AND ALL APPLICABLE LAWS. BY ACCESSING AND BROWSING THE SITE, YOU ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, THE TERMS AND CONDITIONS AND ACKNOWLEDGE THAT ANY OTHER AGREEMENT BETWEEN YOU AND S&H DIGITAL REGARDING ACCESS OR USE OF THE SITE OR ITS CONTENTS ARE SUPERSEDED AND OF NO FORCE OR EFFECT.

Use of the Site

This Site is provided for your personal use and for informational purposes only.

Please feel free to browse the Site. You may download material displayed on the Site for noncommercial, personal use only, provided you also retain all copyright and other proprietary notices contained on the materials. You may not, however, distribute, modify, transmit, reuse, report, or use the contents of the Site for public or commercial purposes, including any text, images, audio, and video without S&H Digital’s written permission.

Unauthorized Use

You may not use spiders, robots or other automated data mining techniques to catalog, download, store or otherwise reproduce, store or distribute content available on the Site. You may not take any action to interfere with the Site or any other user’s use of the Site, including, without limitation, via means of overloading, “flooding”, “mailbombing” or “crashing” the Site. You may not send unsolicited e-mail, including promotions and/or advertising of products or services, through the Site or forge or mask your true identity in any e-mail or posting. You may not frame portions of the Site within another web site or establish links from any other web site to any page of the Site other than the home page. S&H Digital is under no obligation to monitor any third party postings to, or transmissions through, the Site and assumes no responsibility or liability arising from the content of any such materials nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any such information. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. S&H Digital will fully cooperate with anylaw enforcement authorities or court order requesting or directing S&H Digital to disclose the identity of anyone posting any such information or materials.

Intellectual Property

You should assume that everything you see or read on the Site is copyrighted unless otherwise noted and may not be used, without the written permission of S&H Digital, except as provided in these Terms and Conditions or in the text on the Site. S&H Digital neither warrants nor represents that your use of materials displayed on the Site will not infringe rights of third parties not owned by or affiliated with S&H Digital. The trademarks, logos, and service marks displayed on the Site are registered and unregistered trademarks of S&H Digital and third parties. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the Site without the written permission of S&H Digital or such third party that may own the trademarks displayed on the Site. S&H Digital will aggressively enforce its intellectual property rights to the fullest extent of the law.

No Warranties

While S&H Digital uses reasonable efforts to include accurate and up-to-date information on the Site, S&H Digital makes no warranties or representations as to its accuracy. S&H Digital assumes no liability or responsibility for any errors or omissions in the content on the Site. Your use of the Site is at your own risk. THE SITE, INCLUDING ALL CONTENT MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, IS PROVIDED “AS IS”. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, S&H DIGITAL MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE SITE. FURTHER, S&H DIGITAL DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. S&H DIGITAL DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. S&H DIGITAL SHALL NOT BE LIABLE FOR THE USE OF THE SITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. IN NO EVENT WILL S&H DIGITAL BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, SPECIAL, INCIDENTAL, INDIRECT OR OTHER CONSEQUENTIAL DAMAGES, EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES REGARDLESS OF WHETHER OR NOT EITHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Communications with S&H Digital

Any communication or material you transmit to S&H Digital by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, nonconfidential and nonproprietary. Anything you transmit or post may be used by S&H Digital or its affiliates for any purpose, including but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, S&H Digital is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Site without compensation and for any purpose whatsoever, including but not limited to, developing, manufacturing and marketing products using such information.

Privacy

S&H Digital takes the privacy of you and your information very seriously. For further information about how we use information collected from you, please view our Privacy Policy.

Portfolio

Images of people or places displayed on the Site are either the property of, or used with permission by, S&H Digital. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms and Conditions or specific permission provided elsewhere on the Site. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications, regulations and statutes. Portfolio sections and examples of prior S&H Digital work on the Site are for corporate decision making purposes only and are not for entertainment purposes. The copyrights to such works belong to the S&H Digital client to which the work relates and are subject to the same restrictions set forth in these Terms and Conditions for S&H Digital content.

Changes

All information posted on the Site is subject to change without notice. In addition, these Terms and Conditions may be changed at any time without prior notice. We will make such changes by posting them here. You should check this page for such changes frequently. Your continued access of the Site after such changes conclusively demonstrates your acceptance of those changes.

Indemnification

You agree to indemnify, defend and hold harmless S&H Digital, its employees, directors, officers, agents and representatives from and against any and all third party claims, demands, liabilities, costs or expenses, including reasonable attorney’s fees, arising from, or related to, any breach by you of any of these Terms and Conditions or applicable law.

Severability

If any part of these Terms and Conditions shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms and Conditions.

Governing Law

The laws of the State of New York shall govern these Terms and Conditions. YOU HEREBY EXPRESSLY CONSENT TO EXCLUSIVE JURISDICTION AND VENUE IN THE COURTS LOCATED IN NEW YORK COUNTY, NEW YORK.

Questions

Should you have any questions regarding these Terms and Conditions you may contact us at Tom_Kelly@nyc.sudler.com.

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