SUTTON PLACE STRATEGIES WEBSITE AND PORTAL
By visiting the SPS Website and SPS Portal, you acknowledge and accept the following terms of
The SPS Sites are controlled by SPS from its offices within the United States. Users who choose to visit the SPS Sites from this or other jurisdictions do so on their own initiative. Those users are solely responsible for compliance with all applicable federal, state, local and foreign laws, rules and regulations in connection with their use of the SPS Sites.
Venue and Jurisdiction:
Claims arising from or related to the SPS Sites, to the use of this SPS Portal, and to the information, content, material, and services available through the SPS Sites are governed by the laws of the State of New York. You hereby unconditionally, voluntarily, and irrevocably consent to submit to the exclusive jurisdiction and venue of the state and federal courts located in New York City, New York with respect to any claims arising from or related to the SPS Sites, your use of the SPS Sites and any information received through the SPS Sites. You agree not to plead forum non conveniens in any such action. You consent to service of process.
Change of Terms:
Alteration of the SPS Sites:
SPS may change, suspend or discontinue any feature, aspect, product or service available through the SPS Sites at any time. SPS may alter the availability of any feature of the SPS Sites or service related to any feature of the SPS Sites at any time. SPS may add, remove or modify any content of the SPS Sites, including any SPS Content, User Content or Third Party Content (as those terms are defined below and, collectively, the “Content”) , at any time in its sole discretion.
Limitation on Usage:
SPS may limit your access to any part of the SPS Site without notice to you. SPS may terminate your use of this SPS Portal at any time.
Visitor On-line Conduct:
- You agree to use this SPS Sites only for lawful purposes.
- You agree to use this SPS Sites only for its intended purposes.
- You agree not to disrupt this SPS Sites.
- You agree not to interfere with or compromise the security of the SPS Sites, or any computer, server, account, network, data, software and/or hardware associated with the SPS Sites.
- You agree not to disrupt or interfere with any other user’s use of the SPS Sitesor do anything to violate their legal rights, including but not limited to the rights of publicity and privacy.
- You agree not to attempt to obtain access to any portion of the SPS Sites, any computer, server, account, network, software and/or hardware associated with the SPS Sites, from which you are restricted.
- You agree that you are solely responsible for any actions you undertake while using the SPS Sites and that you will comply with all applicable local, state, federal and foreign laws, rules and regulations applicable to the SPS Sites and the Internet, including United States copyright law and export regulations.
- You are responsible for all postings, messages, text, files, images, graphics, photos, audio clips, sounds, video or other materials that you post on, transmit through or link from or to this SPS Sites.
- You warrant that all information you provide to gain access to the services provided by the SPS Sites is accurate and truthful.
- SPS reserves the right to prohibit any conduct involving the SPS Sites that it deems to be inappropriate or illegal.
- If you are provided or select a user name or password to access this SPS Portal or any page of this SPS Portal, you are responsible to keep such user name and password private, secure, and strictly confidential. You agree not to provide any other person with access to this SPS Portal or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session.
- SPS does not knowingly or intentionally collect personal information from minors under the age of
- The Content on this SPS Sites is directed at adults and is intended for use only by adults over the age of 18. If you are under the age of 18, you may not submit any personal information to SPS at or through the SPS Sites and should not otherwise use or access this SPS Sites.
Links to and from Other Web Pages:
Links to third party websites or information are not intended, and should not be interpreted by users, as constituting or implying SPS’s endorsement, sponsorship or recommendation of the third party information, or products or services found there.
Copyright, Trademark and Intellectual Property:
All information, content and material made available by SPS through the SPS Sites, including, without limitation, any report, analysis, information, data, computer code, design, text, drawings, photographs, graphics, sound recordings and video recordings as well as any copyrights, trademarks, patents or other intellectual property or proprietary rights comprising the SPS Sites or any component or element of the SPS Sites (collectively, the “SPS Content”) is owned by or licensed to SPS. The compilation of the SPS Content on the SPS Sites is the exclusive property of SPS and its licensors and is protected by U.S. and international intellectual property laws.
SPS grants you permission to display and print the SPS (other than the computer code comprising this SPS Portal) for your personal, non-commercial use only; provided, that, even if you display or print the SPS Content as permitted hereunder, you may not modify, reproduce, transmit, distribute, publicly display or perform, or create derivative works from that SPS Content and you must retain all copyright and other proprietary notices contained in or on the SPS Content.
Sutton Place Strategies and all derivations thereof are trademarks of SPS. Other marks used on the SPS Sites are either registered trademarks, trademarks, trade names, service marks, or otherwise protected property of SPS and may not be used, copied or imitated without the prior written consent of SPS.
Digital Millennium Copyright Act:
You may not upload, post or otherwise distribute on the SPS Sites anything protected by copyright or other proprietary rights unless the owner of the applicable copyright or proprietary right has given you express authorization for such uploading, posting or distribution on the web.
The unauthorized use, uploading, posting, and/or distribution of User Content protected by copyright or other proprietary rights is illegal and subjects the malfeasant to civil penalties and criminal prosecution.
SPS, its affiliates, officers, directors, employees, agents or any such similarly situated persons or entities are not liable for damages resulting from any infringement resulting from your actions involving copyrighted or proprietary right protected material.
SPS, pursuant to the federal Digital Millennium Copyright Act, has designated Nadim Malik, as Copyright Agent, to receive complaints and notices of suspected copyright infringements. SPS reserves the right to change its Copyright Agent from time to time. If you believe that your work has been copied and is accessible on the SPS Portal in a way that constitutes infringement, you may notify SPS by providing the Copyright Agent the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
- Identification of the URL or other specific location on the SPS Sites where the material that you claim is infringing is located;
- Your address, telephone number and e-mail address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement by you made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf. SPS can be reached via email at firstname.lastname@example.org and by regular mail at 757 Third Ave, 20th Floor, New York, NY 10017, Attention: Copyright Agent.
Transmission of User Content:
You are prohibited from uploading, posting or otherwise distributing on or through the SPS Sites any abusive, unlawful, threatening, obscene, pornographic, intimidating, libelous, defamatory or slanderous comments, jokes, images or other User Content that are intended to or are likely to harass or offend a reasonable person on the basis of his or her age, physical or mental disability, gender, race, religion, national origin, physical attributes, sexual preference, or any other classification that could produce any civil or criminal liability for either yourself or for SPS, its affiliates, employees, agents or any such similarly situated persons or entities.
You are prohibited from impersonating anyone else or passing yourself off as someone else including, without limitation, any SPS employee or any public figure. You are further prohibited from engaging in any other conduct that is fraudulent or likely to deceive any person using the SPS Sites.
You are prohibited from uploading, posting or otherwise distributing on or through the SPS Sites any User Content that infringes or violates the patent, copyright, trademark, trade secret, or other intellectual property or proprietary rights of any person or entity.
You hereby grant to SPS and its affiliates a revocable, royalty-free, non-exclusive license to use, modify, display, archive, store, transmit, and create derivative works from the User Content, information or other materials that you transmit or upload to the SPS Sites.
Ownership of Third Party Content:
SPS may display content, information or materials supplied by other third parties on its website other than the SPS Content (the “Third Party Content”). The Third Party Content displayed by SPS or supplied by other third parties belongs to the respective owners of that Third Party Content.
SPS, ITS AFFILIATES, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS AND ANY SUCH SIMILARLY SITUATED PERSONS OR ENTITIES (“WE”) DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, USEFULNESS OR EXISTENCE OF ANY THIRD PARTY CONTENT. WE DO NOT WARRANT THE MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OF ANY THIRD PARTY CONTENT.
WE SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE FOR ANY LOSS, DAMAGE OR HARM TO PROPERTY OR PERSON CAUSED BY YOUR OR ANYONE ELSE’S RELIANCE ON ANY THIRD PARTY CONTENT OR OTHER CONTENT AVAILABLE ON THIS SPS PORTAL. YOU ARE SOLELY RESPONSIBLE FOR EVALUATING AND ACTING ON ANY THIRD PARTY CONTENT OR OTHER CONTENT AVAILABLE ON THE SPS SITES.
THIS SPS SITES ARE PROVIDED “AS-IS” AND “AS-AVAILABLE”. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, CONCERNING THE OPERATION OF THIS SPS PORTAL, THE CONTENT, INFORMATION, AND/OR SERVICES AVAILABLE ON OR THROUGH THIS SPS PORTAL.
WE DO NOT GUARANTEE THE ACCURACY, ADEQUACY OR COMPLETENESS OF ANY INFORMATION PROVIDED AT OR THROUGH THIS SPS PORTAL (BY LINK OR OTHERWISE) AND WE ARE NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS, OR FOR THE RESULTS OBTAINED FROM USE OF SUCH INFORMATION.
YOU AGREE THAT WE ARE NOT RESPONSIBLE FOR AND CANNOT GUARANTEE AGAINST THE INTRODUCTION OF VIRUSES OR WORMS, OR UNAUTHORIZED USERS ATTEMPTING TO ACCESS, OR OBTAINING ACCESS TO THIS SPS PORTAL OR YOUR COMPUTER OR OTHER SYSTEMS FROM OR THROUGH THIS SPS PORTAL.
SPS MAY TEMPORARILY OR PERMANENTLY SUSPEND ACCESS TO OR DISCONTINUE THIS SPS PORTAL OR ANY PAGE OF THIS SPS PORTAL AT ITS DISCRETION, AT ANY TIME, WITHOUT NOTICE.
YOU AGREE TO USE THE SPS SITES SOLELY AT YOUR OWN RISK. YOU AGREE THAT YOUR USE OF THE SPSSITES, AND ANY CONTENT, INFORMATION AND/OR SERVICES AVAILABLE THROUGH THE SPS SITESIS SOLELY AT YOUR OWN RISK.
WE DO NOT WARRANT THAT THE SPS SITESWILL BE AVAILABLE AT ALL TIMES OR THAT YOUR USE WILL BE CONTINUOUS AND/OR ERROR FREE. WE DO NOT MAKE ANY WARRANTIES THAT THE CONTENT, INFORMATION AND/OR SERVICES AVAILABLE THROUGH THE SPS SITES ARE ACCURATE, RELIABLE, OR CURRENT.
WE DISCLAIM, TO THE MAXIMUM EXTENT PERMISSIBLE, ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF SATISFACTORY QUALITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT IN RELATION TO THE CONTENT, INFORMATION, SERVICE OR PRODUCTS PROVIDED AT, THROUGH OR IN CONNECTION WITH THE SPS SITES.
Limitation of Liability:
TO THE FULLEST EXTENT PROVIDED BY LAW, NEITHER WE, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, SERVING, HOSTING, MAINTAINING AND/OR UPDATING THIS SPS PORTAL SHALL BE LIABLE, UNDER ANY CIRCUMSTANCES FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SPS PORTAL OR THE CONTENT, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND/OR CONSEQUENTIAL DAMAGES ARISING FROM HARM INCLUDING, BUT NOT LIMITED TO INJURY TO PROPERTY OR PERSON, MISTAKES, OMISSIONS, INTERRUPTIONS, DETERIORATION OR ORRUPTION OF FILES, DELETION OR CORRUPTION OF E-MAIL, ERRORS, LOSS OF DATA, LOSS OF PROFITS, DEFECTS, VIRUSES, AND/OR ELAYS, THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THIS SPS PORTAL, RESULTING FROM ACTS INCLUDING BUT NOT LIMITED TO ACTS OUTSIDE OF OUR
CONTROL, NETWORK FAILURE, HARDWARE OR SOFTWARE FAILURE, THEFT, INTERNET FAILURE, UNAUTHORIZED ACCESS, THE COMPANY’S NEGLIGENCE OR YOUR OWN ERRORS AND/OR OMISSIONS AND ANY OTHER CAUSE, EVEN IF YOU HAVE BEEN VISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING THE FOREGOING SPS SHALL BE LIABLE FOR ANY ACTUAL AND PROVABLE DAMAGES ARISING DIRECTLY FROM YOUR USE OF OR ACCESS TO THE SPS PORTAL RESULT DUE TO OUR OWN GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, NOT TO EXCEED ALL AMOUNTS YOU PAID TO SPS FOR THE PURPOSE OF SING OR ACCESSING THE SPS PORTAL, BUT IN NO EVENT SHALL ANY INCIDENTAL, PUNITIVE, AND/OR CONSEQUENTIAL AMAGES BE PAYABLE BY SPS IN CONNECTION THEREWITH. YOU AGREE THAT THIS SECTION APPLIES TO ALL CONTENT, GOODS AND SERVICES AVAILABLE THROUGH THIS SPS PORTAL. IN ANY JURISDICTION WHERE EXCLUSION OR LIMITATION OF LIABILITY FOR ANY TYPE OF DAMAGES IS PROHIBITED, SPS’S LIABILITY IS LIMITED TO THE MAXIMUM EXTENT ALLOWED BY THAT JURISDICTION. IF YOUR USE OF THIS SPS PORTAL OR THE CONTENT, INFORMATION, PRODUCTS OR SERVICES PROVIDED AT, THROUGH OR IN CONNECTION WITH THE SPS SITES OR ANY OTHER SPS SITE LINKED TO THE SPS SITES RESULTS IN ANY LOSS TO YOU, OR RESULTS IN THE NEED FOR ANY SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME RESPONSIBILITY FOR ALL SUCH LOSSES AND ALL COSTS ARISING THEREFROM OR ASSOCIATED THEREWITH.
No Joint Venture:
If you have any questions about this policy, please contact SPS by email at email@example.com, or by regular mail at 757 Third Ave, 20th Floor, New York, NY 10017, Attention: Nadim Malik.