Privacy Policy & Terms of Agreement

THE SCHIFF GROUP, LLC

PRIVACY POLICY

Last Updated: April 2020

This privacy policy (“Privacy Policy”) governs how we, The Schiff Group, LLC (“TSG”, “we”, “our” or “us”) use, collect and store Personal Data pertaining to you (“you”) in a business context or as a result of our business interactions with you. “Personal Data” means any information that can be used, alone or together with other data, to uniquely identify any living human being.

Please read this Privacy Policy carefully, so you can fully understand our practices in relation to Personal Data.

This Privacy Policy may be updated from time to time and, therefore, we ask you to check back periodically for the latest version of the Privacy Policy, as indicated below. If there will be any significant changes made to the use of your Personal Data, we will notify you by posting a notice on our Website or by other means.

1. WHAT INFORMATION WE COLLECT, WHY WE COLLECT IT, AND HOW IT IS USED

1.1 If you are a customer or a potential customer of TSG (including if you have exchanged business cards with us and/or when you attend a marketing events)

Data we may collect:

• Name
• Contact information (email, address, phone number, mobile number)
• Company name
• Department
• Job Title
• Product or services of interest
• Data related to projects for which you or your company may engage TSG

Why is the data collected and for what purposes?

• To offer you potential deals and send you marketing and commercial communications
• Pre-sale services
• Respond to your requests and/or questions
• To provide you our products, services and support

Legal basis

• Pre-contractual negotiation
• Performance of a contract
• Legitimate interest (please note that according to Recital 47 of the GDPR, the processing of personal data for direct marketing purposes may be regarded as carried out for a legitimate interest)

Third Parties with whom we Share your Data

• Website development, hosting and maintenance companies
• CRM platforms and related service providers
• Leads and contact management companies
• Webinar or teleworking platforms

Period of Storage

During the term of our business relationship and//or for a reasonable period necessary in connection with the underlying business arrangement.

Consequences of not providing the data

We will not be able to contact you, provide you our services and products, offer you deals, or engage in business discussions with you.

1.2 If you are using our Website:

Data we may collect:

• Cookies
• Your IP address
• Pages you visit on our Website
• Actions you perform on our website (such as link clicks, fill out forms, etc.)

Why is the data collected and for what purposes?

When you use our Website, we will collect and receive information collected from cookies implemented by third parties, in order to improve our Website. For additional information about our cookie policy visit contact us at [email protected].

Legal basis

Consent as well as legitimate interest.

Third Parties with whom we Share your Data

• CRM platforms
• SEO (Search Engine Optimization) consultants

Period of Storage

Until you choose to delete the relevant cookie

Consequences of not providing the data

We will not be able to improve our Website.

1.3 If you have registered to a “Contact Us” on our Website or download resource from the Website:

Data we Collect:

• IP address
• Name
• Contact details (email, phone, address, company, country, state, comments)
• Product of interest
• Type of inquiry
• URLs you visited on the Website and the above with respect to “Cookies”

Why is the data collected and for what purposes?

• Responding to your query
• Sending you updates or news regarding TSG and our products
• Sending you newsletters, professional and technical resources, invitations to participate in webinars, web conferences and other activities
• Respond to your “Contact Us” or administrative request

Legal basis

Consent as well as legitimate interest (please note that according to Recital 47 of the GDPR, the processing of personal data for direct marketing purposes may be regarded as carried out for a legitimate interest)

Third Parties with whom we Share your Data

• CRM platforms and related service providers
• Leads and contact management companies
• Website development, hosting and maintenance companies

Period of Storage

Until two years have passed since you have been identified as an active user

Consequences of not providing the data

We will not be able to contact you, respond to your requests, offer you deals and products, or engage in business discussions with you.

1.4 If you are a supplier of TSG:

Data we Collect:

• contact person’s name and email address
• company’s name
• phone number
• bank account details
• company’s tax number

Why is the data collected and for what purposes?

Making payments to you as a supplier of TSG.

Legal basis

• Performance of contract
• Legitimate business purpose

Third Parties with whom we Share your Data

Tax authorities and banks as part of the payment

Period of Storage

For a reasonable period required for the purpose of our engagements and meeting our obligations under the applicable law

Consequences of not providing the data

We will not be able to process your payments

2. HOW WE PROTECT AND STORE YOUR INFORMATION

2.1 Security. Although we continuously try to implement appropriate technical measures designed to reduce the risk of accidental destruction or loss, or the unauthorized disclosure or access to such Personal Data appropriate to the nature of the Personal Data concerned, please note that we cannot guarantee that the Personal Data will not be exposed as a result of unauthorized penetration to our servers. Nevertheless, we make commercially reasonable efforts to make the collection and security of such Personal Data consistent with this Privacy Policy and all applicable laws and regulations. As the security of Personal Data depends in part on the security of the computer, device or network you use to communicate with us and the security you use to protect your user IDs and passwords, please make sure to take appropriate measures to protect this Personal Data.

2.2 Retention of your Personal Data. In addition to the retention periods mentioned in Section 1 above in some circumstances we may store your Personal Data for longer periods of time, for example (i) where we are required to do so in accordance with legal, regulatory, tax or accounting requirements, or (ii) for us to have an accurate record of your dealings with us in the event of any complaints or challenges, or (iii) if we reasonably believe there is a prospect of litigation relating to your Personal Data or dealings.

1. HOW WE SHARE YOUR PERSONAL DATA

In addition to the recipients described in Section 1, we may share your Personal Data as follows:

• To the extent necessary, with regulators, to comply with all applicable laws, regulations and rules, and requests of law enforcement, regulatory and other governmental agencies or if required to do so by court order;
• If, in the future, we sell or transfer some or all of our business or assets to a third party, we will (to the minimum extent required) disclose Personal Data to a potential or actual third party purchaser of our business or assets. In the event that we are acquired by or merged with a third party entity, or in the event of bankruptcy or a comparable event, we reserve the right to transfer or assign Personal Data in connection with the foregoing events.

1. ADDITIONAL INFORMATION REGARDING TRANSFERS OF PERSONAL DATA

Where we transfer your Personal Data outside of TSG, for example to third parties mentioned in Section 1 above, we will do so in accordance with the applicable law while we will obtain contractual commitments from them to protect your Personal Data. To the extent that you are protected under the GDPR, we bring to your attention that some of these assurances are well recognized certification schemes like the EU – US Privacy Shield for the protection of Personal Data transferred from within the EU to the United States.

Where we receive requests for Personal Data from law enforcement or regulators, we carefully validate these requests before any Personal Data is disclosed.

1. YOUR RIGHTS

Among other, the following rights (which may be subject to certain exemptions or derogations), shall apply to you:

• You have a right to access Personal Data held about you. Your right of access will normally be exercised free of charge, however we reserve the right to charge an appropriate administrative fee where permitted by applicable law;
• You have the right to request that we amend any Personal Data we hold that is inaccurate;
• You have the right to request the erasure of the Personal Data that relates to you. Please note that there may be circumstances in which we are required to retain your data, for example for the establishment, exercise or defense of legal claims;
• The right to object to or to request restriction of the processing. However, there may be circumstances in which we are legally entitled to refuse your request;
• If you are an individual protected by the GDPR, we hereby inform you that you have a right to lodge a complaint with your local data protection supervisory authority (i.e., your place of habitual residence, place or work or place of alleged infringement) at any time. We ask that you please attempt to resolve any issues with us before you contact your local supervisory authority;
• The right to withdraw your consent. Please note that there may be circumstances in which we are entitled to continue processing your data, in particular if the processing is required to meet our legal and regulatory obligations;
• If you are an individual protected by the GDPR, you also have a right to request details of the basis on which your Personal Data is transferred outside the European Economic Area, but you acknowledge that data transfer agreements may need to be partially redacted for reasons of commercial confidentiality.

You can exercise your rights by contacting us at [email protected]. Subject to legal and other permissible considerations, we will make every reasonable effort to honor your request promptly or inform you if we require further Personal Data in order to fulfil your request.  When processing your request, we may ask you for additional Personal Data to confirm your identity and for security purposes, before disclosing the Personal Data requested to you. We reserve the right to charge a fee where permitted by law, for instance if your request is manifestly unfounded or excessive.

In the event that your request would adversely affect the rights and freedoms of others (for example, would impact the duty of confidentiality we owe to others) or if we are legally entitled to deal with your request in a different way than initial requested, we will address your request to the maximum extent possible, all in accordance with applicable law.

1. USE OF ANONYMOUS INFORMATION

We may use Anonymous Information (as defined below) or disclose it to third party service providers in order to improve our Website and services and enhance your experience with the Website. We may also disclose Anonymous Information (with or without compensation) to third parties, including advertisers and partners. “Anonymous Information” means information which does not enable identification of an individual user, such as aggregated information about the use of our Website.

1. USE OF GOOGLE ANALYTICS

The Website uses a tool called “Google Analytics” to collect information about use of the Website. Google Analytics collects information such as how often users visit this Website, what pages they visit when they do so, and what other Websites they used prior to coming to this Website. We use the information we get from Google Analytics to maintain and improve the Website and our products. We do not combine the information collected through the use of Google Analytics with personally identifiable information. Google’s ability to use and share information collected by Google Analytics about your visits to this Website is restricted by the Google Analytics Terms of Service, available at http://www.google.com/analytics/terms/us.html, and the Google Privacy Policy, available at http://www.google.com/policies/privacy/. You may learn more about how Google collects and processes data specifically in connection with Google Analytics at http://www.google.com/policies/privacy/partners/. You may prevent your data from being used by Google Analytics by downloading and installing the Google Analytics Opt-out Browser Add-on, available at https://tools.google.com/dlpage/gaoptout/.

1. USE BY CHILDREN

We do not offer our products or services for use by children. If you are under 18, you may not use the Website, or provide any Personal Data to the Website without involvement of a parent or a guardian. We do not knowingly collect Personal Data from, and/or about children.

1. LINKS TO AND INTERACTION WITH THIRD PARTY PRODUCTS

The Website may enable you to interact with or contain links to other third party websites, mobile software applications and services that are not owned or controlled by us (each a “Third Party Service”). We are not responsible for the privacy practices or the content of such Third Party Services. Please be aware that Third Party Services may collect Personal Data from you. Accordingly, we encourage you to read the terms and conditions and privacy policy of each Third Party Service that you choose to use or interact with.

1. U.S. PRIVACY PROVISIONS

California privacy rights. California Civil Code Section 1798.83 permits our customers who are California residents to request certain information regarding our disclosure of Personal Data to third parties for their direct marketing purposes. TSG currently does not share any Personal Data with third parties for their marketing purposes. If the Company decides to share Your Data in the future pursuant to Section 1798.83, we will provide you with the opportunity to opt-in or opt-out of such sharing.

Our California do not track notice. We do not track consumers over time and across third party websites and therefore do not respond to Do Not Track signals. We do not allow third parties to collect personally identifiable information about an individual consumer’s online activities over time and across different websites when a consumer uses the Website.

1. CONTACT US

If you have any questions, concerns or complaints regarding our compliance with this notice and the data protection laws, or if you wish to exercise your rights, we encourage you to first contact us at [email protected].

Terms of Use and license agreement

Please read these terms carefully.  By accessing Our website and Content provided on it, You agree that Your access to and use of the website and Content is subject to these Terms of Use (“Terms of Use”).

These Terms of Use apply to Your use of the website located at www.theschiffgroup.com as well as all interfaces for mobile devices (collectively, the “Site”).

1. DEFINITIONS
2. “User” means anyone who accesses, browses, or uses the Site in any manner.
3. “You” or “Your” means You, as a User of the Site.
4. “We,” “Our,” “Us,” and “The Schiff Group” means The Schiff Group, LLC, a Maryland limited liability company.
5. “Content” means text, graphics, images, photos, audio, video, logos, page headers, button icons, scripts and all other forms of data or communication. “Your Content” means Content that You submit or transmit to or through the Site. “User Content” means Content that Users submit or transmit to or through the Site.  “The Schiff Group Content” means Content that We create and make available at the Site.  “Third Party Content” means Content, if any, that is made available on the Site by parties other than The Schiff Group. “Site Content” means Content that is made available at the Site, including Your Content, User Content, The Schiff Group Content and Third Party Content.

1. ELIGIBILITY/USER ACCOUNTS

You must be at least eighteen (18) years of age to use this Site. All others are prohibited from using the Site.  You are also responsible for all Content submitted or transmitted by You through the Site.

1. USE OF SITE

You are granted a license to use the Site subject to these Terms of Use.  We reserve the right to deny You access to the Site at any time if We determine, in Our sole discretion, that You have violated these Terms of Use.  In using the Site, You acknowledge that You may be exposed to Content that You may perceive offensive, indecent, inaccurate or otherwise objectionable or inappropriate. The Schiff Group does not intend to post, intentionally, any such Content, however, everyone’s sensitives are different, and The Schiff Group cannot anticipate or control how any of its Content may be perceived by all Users.

1. OUR INTELLECTUAL PROPERTY RIGHTS

1. • 
     All The Schiff Group Content, trademarks and service marks on the Site, as well as the organization and display of The Schiff Group Content and all computer code, products, software, aggregate User data, and inventions used on and in connection with the Site (collectively, the “Materials”) are the sole and exclusive property of The Schiff Group and are protected by U.S. and/or foreign copyright laws.  The Materials are provided for personal, non-commercial and non-public use only.  The Schiff Group reserves complete title and full intellectual property rights in the Materials.  You acknowledge that You do not acquire any ownership rights to the Materials, whether as a result of using the Site, downloading such Materials or otherwise.
   • Except as expressly permitted herein, You may not transmit, sell, transfer or otherwise use or exploit the Materials, nor in any way attempt to, or encourage or assist any other person to do any of the foregoing. You may not provide a hyperlink to, or otherwise use or exploit, any mark, logo or other proprietary graphic or trademark without The Schiff Group’s express written permission. You may not use the Materials (1) in any manner that is likely to cause confusion among customers, (2) in any manner that disparages or discredits The Schiff Group or (3) in connection with any service or product that is not sponsored, endorsed or produced by The Schiff Group.
   • Any unauthorized or impermissible use terminates all authorization and licenses granted by The Schiff Group. Notwithstanding the foregoing, it shall not be a violation of this Section 4 if You forward a link to the Site to another person or refer to the Site by name.  Except as expressly provided herein, We do not grant You any rights, express or implied, and all rights in and to the Site and The Schiff Group Content are retained by Us.

1. YOUR CONTENT
2. Right to Use Your Content.  By submitting Your Content on the Site, You grant The Schiff Group a nonexclusive, royalty-free, perpetual, irrevocable and licensable right to reproduce, use, modify, publish, adapt, translate, create derivative works from, distribute and display Your Content throughout the world in any media.  By submitting Your Content, You also represent and warrant that the information is accurate, that You own or have permission to use and disclose the information, and that Our use of the information will not cause injury to any person or entity or result in damages.

1. Responsibility for Your Content.  You alone are responsible for Your Content. You assume all risks associated with Your Content, including anyone’s reliance on its accuracy, completeness or usefulness, or any disclosure by You of information in Your Content that makes You personally identifiable. You represent that You own, or have the necessary permissions to use, and authorize the use of, Your Content as described herein.  You may not imply that Your Content is in any way sponsored or endorsed by The Schiff Group.
2. Liability.  You may expose yourself to liability if, for example, Your Content violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is false, intentionally misleading, or defamatory; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.
3.   Removal of Your Content.  We may remove or reinstate User Content from time to time at Our sole discretion. We have no obligation to retain or provide You with copies of Your Content, nor do We guarantee any confidentiality with respect to Your Content.
4. Advertisements.  The Schiff Group and its licensees may display advertisements and other information adjacent to or included with Your Content on the Site and Other Media. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to You.

1. PROHIBITED CONDUCT

You agree not to post, email, or otherwise make available Content:

• That is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another’s privacy, or is harmful to minors in any way;
• That is pornographic or depicts a human being engaged in a sexual act of any kind;
• That harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
• That impersonates any person or entity, or falsely states or otherwise misrepresents Your affiliation with a person or entity (this provision does not apply to Content that constitutes lawful, non-deceptive parody of public figures);
• That includes personal, identifying, or financial information about another person without that person’s explicit consent;
• That is false, deceptive, misleading, or deceitful;
• That infringes any patent, trademark, trade secret, copyright or other proprietary rights of any person;
• That You do not have a right to make available under any law or under contractual or fiduciary relationships;
• That constitutes or contains “affiliate marketing,” “link referral code,” “junk mail,” “spam,” “chain letters,” “pyramid schemes,”, “phishing” or unsolicited commercial advertisement;
• That constitutes or contains any form of advertising or solicitation;
• That includes links to commercial services or web sites;
• That contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
• That disrupts the normal flow of dialogue with an excessive amount of Content (flooding attack) to the Site, or that otherwise negatively affects other Users’ ability to use the Site; or
• That employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Site.

In addition, You agree not to:

• Use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Site or otherwise attempt to gain unauthorized access to Content on the Site through hacking, password mining or any other means;
• Repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on Our infrastructure;
• Attempt to gain unauthorized access to the Site’s computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Site;
• Use any form of automated device or computer program that enables the submission of postings on the Site without each posting being manually entered by the author thereof (an “automated posting device”), including without limitation, the use of any such automated posting device to submit postings in bulk, or for automatic submission of postings at regular intervals;
• Take any action that might compromise the security of the Site, render the Site inaccessible to others or otherwise cause damage to the Site or the Materials;
• Violate any local, state, federal, or national law, statute, ordinance, or regulation that applies to Your use of the Site or Materials.

1. COPYRIGHT DISPUTE POLICY

We have adopted the following policies and procedures toward copyright infringement in accordance with Title 17, United States Code, Section 512(c), which is part of the Digital Millennium Copyright Act (“DMCA”). It is Our policy to (i) respond to notices of alleged copyright infringement that comply with the DMCA; and (ii) terminate the accounts of those determined by Us to be “repeat infringers.”

Procedure for Reporting Copyright Infringements. If You are a copyright owner or agent thereof, and believe that Your copyright is being infringed in connection with the Site, please send a written notification to the Designated Agent detailing the alleged infringement. Your written notification must include:

1. Identification of the copyrighted work that You claim has been infringed;
2. Identification of the Content on the Site that allegedly infringes upon the copyrighted work at issue, and information reasonably sufficient to permit The Schiff Group to locate such Content;
3. A statement by You that You have a good faith belief that the use of the Content identified in Your notice in the manner complained of is not authorized by the copyright owner, its agent, or the law;
4. A statement by You that You attest, under penalty of perjury, that the information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner’s behalf; and
5. Your physical or electronic signature, together with Your contact information (address, telephone number and, if available, email address).

1. UNAUTHORIZED ACCESS

We reserve the right to exercise whatever lawful means We deem necessary to prevent unauthorized access to or use of the Site, including, but not limited to, technological barriers, IP mapping, and contacting Your Internet Service Provider (ISP) regarding such unauthorized use.

1. INVESTIGATIONS

We are under no obligation to monitor the Site or Site Content. However, We reserve the right to investigate possible violations of the Terms of Use, block Users from the Site, and refer matters to law enforcement authorities for further investigation. We may disclose information to third parties, including Your Content, in accordance with the privacy policy posted here [INSERT LINK TO PP].

1. FEEDBACK

1. If You are dissatisfied with the Site, please provide feedback through theschiffgroup.com/contact. Your only other remedy with respect to any dissatisfaction with (i) the Site, (ii) the Terms of Use, (iii) any policy or practice of The Schiff Group in operating the Site, or (iv) any Site Content, is to terminate the Terms of Use and cease access to the Site.
2. Suggestions and Improvements. By sending Us any ideas, suggestions, documents or proposals (“Feedback”), You agree that (i) Your Feedback does not contain the confidential or proprietary information of third parties, (ii) We are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) We may have something similar to the Feedback already under consideration or in development, and (iv) You grant Us an irrevocable, non-exclusive, perpetual, worldwide license to use, modify, publish, distribute, create derivate works from, and sublicense the Feedback without any compensation.

1. TERMINATION
2. We may terminate Your ability to use the Site, in whole or in part, at Our sole discretion, for any or no reason, and without notice or liability of any kind. For example, We may terminate or suspend Your ability to use the Site if You breach the Terms of Use or are suspected of involvement in illegal activity. Any such termination or suspension could prevent You from accessing the Site, Your Content, Site Content, or any other related information.
3. You may terminate the Terms of Use at any time by discontinuing Your use of any and all parts of the Site/
4. In the event of any termination, whether by You or Us, Sections 4, 5, 7, 9, 10, 11, 13, 14, 15, and 17of the Terms of Use will continue in full force and effect, including Our right to use Your Content as detailed in Sections 5.

 THIRD PARTY WEBSITES AND INFORMATION

The Site may provide hyperlinks to third party websites, access to Third Party Content, or aggregated User Content.  These links or Third Party or User Content are provided for Your convenience only.  The Schiff Group does not control, endorse or guarantee the Content found in these sites or posted by other Users.  You agree that The Schiff Group is not responsible for any Content, associated links, resources or services associated with a third party site or other Users. You further agree that The Schiff Group shall not be liable for any loss or damage of any sort associated with Your use of Third Party Content or User Content.

1. DISCLAIMER OF WARRANTIES

YOU ACKNOWLEDGE THAT NEITHER THE SCHIFF GROUP NOR ITS LICENSORS MAKE ANY REPRESENTATIONS ABOUT THE SUITABILITY, ACCURACY OR COMPLETENESS OF THE MATERIALS AND INFORMATION PROVIDED ON THIS SITE.  ALL CONTENT, SERVICES, PRODUCTS AND SOFTWARE PROVIDED ON THIS SITE ARE PROVIDED “AS IS.”  THE SCHIFF GROUP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT WITH REGARD TO THE SITE, THE SITE CONTENT, AND ANY PRODUCT OR SERVICE FURNISHED OR TO BE FURNISHED VIA THE SITE.  THE SCHIFF GROUP MAKES NO REPRESENTATIONS OR WARRANTIES IN CONNECTION WITH OPERATION OF THE SITE OR THE AVAILABILITY OF UNINTERRUPTED ACCESS TO THE SITE.

1. LIMITATION OF LIABILITY

IN NO EVENT SHALL THE SCHIFF GROUP BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES, ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, ARISING OUT OF (1) THE USE OF OR INABILITY TO USE THE SITE, THE SERVICES PROVIDED BY THE SCHIFF GROUP OR THE MATERIALS; (2) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SITE; (3) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE AND/OR THE MATERIALS; (4) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (5) ANY OTHER MATTER RELATING TO THE SITE OR THE CONTENT, EVEN IF THE SCHIFF GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW THE LIMITATION OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES.  IF THESE STATES’ LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. NOTWITHSTANDING THE FOREGOING, THE LIMITATIONS SET FORTH ABOVE SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.

1. INDEMNITY

You agree to defend, indemnify and hold harmless The Schiff Group, its parent companies, subsidiaries, affiliated companies, joint venturers, business partners, licensors, employees, agents, and any third-party information providers from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of Your use, misuse or inability to use the Site or the Materials or any hyperlinked website, or any violation by You of these Terms of Use or the U.S. Copyright Laws.

1. CHANGES TO TERMS AND CONDITIONS

We reserve the right, at Our sole discretion, to modify these Terms of Use at any time.  Changes in these Terms of Use are effective when posted.  Your continued use of the Site after any changes to these Terms of Use are posted will be considered acceptance of those changes.

1. APPLICABLE LAWS

All matters relating to Your access to and use of the Site shall be governed by the laws of the State of Maryland without regard to conflicts of law principles.  Any legal action or proceeding relating to your access or use of the Site shall be instituted and adjudicated exclusively in a state or federal court in the State of Maryland.  You hereby consent to personal jurisdiction in such courts.

1. MISCELLANEOUS 

1. We may provide You with notices, including notice of changes to these Terms of Use, by postings on the Site.
2. No Waiver. Any failure on Our part to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of the right to exercise or enforce such right or provision in the future.
3. If any provision of the Terms of Use is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms of Use otherwise remain in full force and effect and enforceable.
4. Non-Assignability. These Terms of Use are not assignable, transferable or sublicensable by You except with Our prior written consent, but may be assigned or transferred by Us without restriction. Any assignment attempted to be made in violation of the Terms of Use shall be void.  You agree not to rent, lease, loan, sell, or distribute the Application, in any manner.
5. Entire Agreement. The Terms of Use contain the entire agreement between You and Us regarding the use of the Site, and supersede any prior agreement between You and Us on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms of Use.