Terms and
Conditions

Terms and Conditions
Last modified: Oct. 16, 2019

This website is provided by Salisbury Management, Inc. (“we,” “us,” or “our”) and is currently available at https://www.salisburymgt.com/ (our “Site”). Our Site allows you to: (a) learn about our business, including, for example, the services we offer; and (b) interact with us and our Site. These Terms and Conditions (the “Terms and Conditions”) govern your use of this Site, and your agreement is a condition precedent to using this Site. Please read these Terms and Conditions carefully before proceeding.

Binding Effect

BY USING THIS SITE, YOU AGREE, WITHOUT LIMITATION OR QUALIFICATION, TO BE BOUND BY THESE TERMS AND CONDITIONS, TO WHICH WE RESERVE THE RIGHT TO MAKE CHANGES FROM TIME TO TIME, CONSISTENT WITH APPLICABLE LAW. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT USE THIS SITE.

PLEASE BE AWARE THAT THESE TERMS AND CONDITIONS CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT WAIVE YOUR RIGHT TO A COURT HEARING AND JURY TRIAL.

Age Requirements for Use of this Site

Age Requirements for General Use

You must be at least 18-years-old and fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties herein in order to access and use this Site. Individuals under the age of 18 are not eligible to use this Site and may not submit any personal information to us. By using this Site, you hereby represent and warrant that you are at least 18-years-old and that you are legally able to enter into any and all agreements with us and our partners, affiliates, vendors, agents, service providers, and other third parties, as applicable.

Modification to these Terms and Conditions

We will post a notification on this Site in the event of any material changes to these Terms and Conditions. Such changes, whether in the form of modifications, additions, or deletions, shall be effective when specified in the relevant notification or, if the change is immaterial, immediately upon appearing on this Site. Please check these Terms and Conditions periodically for changes. Your continued use of this Site following our posting of any changes to these Terms and Conditions means that you accept those changes.

Restrictions on Use

Solely for Personal Use

You may browse this Site and all associated content, including, without limitation, any articles or recommendations that we may share, solely for your personal use and enjoyment. This Site or any portion thereof may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent.

Accuracy of Information as Condition to Site Access

To access some of the resources that this Site offers, you may be asked to provide certain, sometimes personal, information. It is a condition of your use of this Site that all the information you provide on this Site is correct, current, and complete.

Restricted Transmission

You agree not to use any device, software, or routine to interfere with the proper functioning of this Site. In using this Site, you may not:

• transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane, or indecent information of any kind, including images and language;
• transmit any message that constitutes, encourages, or incites conduct that would constitute a criminal offense or give rise to civil liability;
• transmit or solicit any information, software, or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights; is protected by copyright, trademark, or other proprietary rights; or is a derivative work with respect thereto, without first obtaining permission from the owner or right holder;
• transmit any information, software, or other material that contains a virus or other harmful component;
• use any software, tool, data, device, or other mechanism to navigate or search this Site, other than generally available browsers or a search engine provided by us;
• frame or utilize framing techniques to enclose any aspect of this Site, including any trademark, logo, or other proprietary information (including, but not limited to, images, text, page layout, or form) without our express written consent; or
• use any metatags or any other “hidden text” utilizing our name or trademarks without our express written consent.

Other Restrictions

Additionally, you are prohibited from violating or attempting to violate any security features of this Site, including, without limitation:

• accessing content or data not intended for you or logging onto a server that you are not authorized to access;
• attempting to probe, scan, or test the vulnerability of this Site, or any associated system or network, or to breach security or authentication measures without proper authorization;
• interfering or attempting to interfere with service to any visitor, host, or network, including, without limitation, by means of submitting a virus to this Site, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;”
• violating security features that prevent or restrict use or copying of any content or enforce limitations on use of the services or the content on the Site, including, without limitation, by use of any manual or automated software, devices, scripts bots, crawlers, spiders, data miners, scraping or other automatic access tools;
• using this Site to send unsolicited email, promotions or advertisements;
• forging any TCP/IP packet header or any part of the header information in any email or in any posting; or
• attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by us in providing this Site.

Any violation of system or network security may subject you to civil and/or criminal liability.

User Covenants and Representations

By accessing and using our Site, including, without limitation, any information or other materials made available through our Site, you agree to, acknowledge, and represent as follows:

• You represent, warrant and covenant that you will comply with all applicable laws in accessing and using the Site, including, without limitation, any products and/or services made available to you on the Site, and you will not perform or fail to perform any act that you know or reasonably should know would place us in violation of any applicable law. Without limiting the generality of the foregoing, you agree to comply with all laws and regulations regarding online conduct and acceptable content.
• You have the authority and capacity, under the laws of the jurisdiction in which you reside, to make the representations and be bound by the covenants provided in these Terms and Conditions.

Copyrights, Trademarks, and Other Proprietary Rights

When accessing this Site, you agree to obey the law and to respect the intellectual property rights of others. You agree that you shall be solely responsible for any violations of any relevant laws and for any infringement of third-party rights caused by any User Content (defined below) that you provide or transmit to us.

As between you and us, all content on this Site, including text, hidden text within our source code, trademarks, software, photos, video, images, graphics, music, audio-visual content, podcasts, recordings, sound, or any other digital media, is owned by us and /or our licensors and is subject to protection by patent, copyright, trademark, or other proprietary rights. In addition, the entire content of this Site is copyrighted as a collective work under the United States copyright laws, and we own the copyright in the selection, coordination, arrangement, and enhancement of such content.

All trademarks, trade names, trade dress, logos, and service marks (collectively, the “Trademarks”) appearing on this Site are the property of their respective owners, including, in some instances, us and/or our partner companies. Except as expressly set forth herein, nothing contained on this Site or these Terms and Conditions serves to grant you, by implication or otherwise, a license or right to use any of the Trademarks or other intellectual property owned by us or by any third party. All rights not granted under these Terms and Conditions are reserved by us.

You may save, print, or have printed by any third party one (1) copy of any downloadable material contained on this Site provided that: (a) the material is solely for non-commercial and personal use; (b) no copyright, author attribution, trademark, legend, or other proprietary notice is removed from the material; and (c) the material is not altered in any manner. Except as expressly provided herein, you may not modify, create derivative works, copy, redistribute, reproduce, publish, transmit, display, commercialize, or in any other way exploit this Site, including, without limitation, any content or material from this Site, without express written permission from us and, if applicable, the respective copyright owner. You acknowledge that you do not acquire any ownership rights by downloading or printing copyrighted material.

Monitoring; Copyright Complaints

You agree that we have the right, but not the obligation, to monitor, suspend, terminate, edit, disclose, refuse to post, or remove at any time, for any reason in our sole discretion, any aspect of this Site, including, without limitation, any material, content, and/or activity anywhere on this Site. Notwithstanding this right, we do not and cannot review all materials submitted to this Site. If notified, we may investigate an allegation that content transmitted to us is in violation of these Terms and Conditions and determine whether to have the communication removed (as applicable). However, we are under no obligation to remove content and assume no responsibility or liability arising from or relating to any actions or content transmitted by or between you or any third party within or outside of this Site, including, but not limited to, any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained therein.

Digital Millennium Copyright Act

We may, in appropriate circumstances and at our sole discretion, terminate the access of users who infringe or otherwise violate the rights of others. If you believe that your work has been copied and is accessible on this Site in a way that constitutes copyright infringement, you may notify us by providing the following information (as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. sec. 512):

• a physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at this Site are covered by a single notification, a representative list of such works at this Site;
• identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
• information reasonably sufficient to permit us to contact you, such as an address, telephone number, and if available, an email address;
• a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by you, your agent, or the law; and
• a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Please send the written communication to our copyright agent by email AND by U.S. Mail to:

Salisbury Management, Inc.
23 Walker Avenue
Baltimore, MD 21208
baltimoreinfo@salisburymgt.com
Attn: DMCA Agent
Email Subject: “DMCA Request”

User Content

You are, and shall remain, solely responsible for the content of any materials, including suggestions, ideas, feedback, comments, notes, drawings, photographs, concepts, blog posts, articles, or other information or communications (collectively “User Content”) you transmit to us via this Site, the Internet, email, or otherwise. User Content shall be and remain your property. You hereby grant to us and our affiliates the royalty-free, fully paid-up, perpetual, irrevocable, worldwide, transferrable, sublicensable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, assign, commercialize, perform, display and otherwise exploit User Content and to incorporate any User Content in other works in any form, media, or technology now known or later developed. You hereby represent, warrant and covenant that you own all rights in and to your User Content or have obtained all applicable rights and permissions from any other party who has rights to such User Content in order to grant the license set forth in this paragraph.

We will not be required to treat any User Content as confidential, and we may use User Content in our business (including, without limitation, for services, products or advertising) or for any other purpose without incurring any liability for royalties or any other consideration of any kind. Subject to existing laws, you waive any moral rights that you may have in any User Content.

You hereby release, discharge and agree to hold us and our affiliates, and any person or entity acting on our or their behalf, harmless from any liability related in any way to our or our affiliates’ use of your User Content.

User Content excludes personally identifiable information, such as your name, email address, physical address, and phone number(s) (collectively, “PII”) that you may provide to us. PII is subject to the privacy standards set forth in our Privacy Policy, which is expressly incorporated into these Terms and Conditions by this reference.

Third-Party Sites

We may provide links and pointers to Internet sites maintained by others (“Third-Party Sites”) that may be located in different countries and that may subject to different regulatory and other legal requirements. We have not reviewed all of the Third-Party Sites linked to this Site and are not responsible for the content, products, or services offered on such Third-Party Sites, including, but not limited to, any advertising, order processing and fulfillment, or payment terms related to such Third-Party Sites. Access to Third-Party Sites does not constitute an endorsement by us or any of our affiliates of any other party. We have no responsibility or liability for these Third-Party Sites’ independent policies or actions, including, without limitation, the privacy practices of such Third-Party Sites or retailers. Complaints, claims, concerns, or questions regarding Third-Party Sites should be directed to the applicable third party.

While we may provide links and locations of third parties who sell products or services, we cannot control the completion or validity of the transactions of such third parties or the content of their Third-Party Sites; you access them at your own risk. However, we seek to protect the integrity of this Site and the links placed upon it. We therefore welcome any feedback about our Site, as well as any Third-Party Sites we link to or otherwise identify on our Site (e.g., if a specific link does not work).

If we provide links to social media platforms, such as Facebook or Twitter, and you choose to visit those websites through our links, please note that the personal information or other content that you post, transmit, or otherwise make available on those websites may be viewed by the general public. We do not control any such information, including, without limitation, User Content, made available on social media pages and are not responsible for any third-party use of any information, including, without limitation, PII, that you have posted, transmitted, or otherwise made available there.

Site Updates

We will not be liable if, for any reason, all or part of this Site is ever unavailable. We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site, including, without limitation, the services made available on the Site, (or any part thereof) with or without notice. We undertake no obligation to update, amend, or clarify information on this Site, except as required by law. No specified update or refresh date applied on this Site should be taken to indicate that all information on the Site has been modified or updated. Please remember when reviewing information on this Site that such information may not represent the complete information available on a subject. In addition, subsequent events or changes in circumstances may cause existing information on this Site to become inaccurate or incomplete.

On occasion, information on this Site may contain errors, including, without limitation, typographical errors, inaccuracies, or omissions related to special offers, service availability, promotions, pricing information, and service descriptions. We reserve the right to, at any time without prior notice, correct any errors, inaccuracies, or omissions, and to change or update information if any information on the Site is inaccurate.

Disclaimer

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE, INCLUDING, WITHOUT LIMITATION, ANY SERVICES OR INFORMATION MADE AVAILABLE ON THE SITE, IS AT YOUR SOLE RISK. THIS SITE, INCLUDING, WITHOUT LIMITATION, THE SERVICES MADE AVAILABLE ON AND THROUGH THE SITE, IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT THE SITE, INCLUDING, WITHOUT LIMITATION, THE SERVICES MADE AVAILABLE ON AND THROUGH THE SITE, WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, UNFAILINGLY SECURE, OR ERROR-FREE, THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS SITE OR SUCH SERVICES WILL BE ACCURATE OR RELIABLE, THAT THE QUALITY OF ANY INFORMATION OR MATERIALS OBTAINED BY YOU THROUGH THE SITE OR SUCH SERVICES WILL MEET YOUR EXPECTATIONS, AND THAT ANY ERRORS IN THE SITE OR SUCH SERVICES WILL BE CORRECTED. YOU FURTHER ACKNOWLEDGE AND AGREE THAT ANY MATERIAL OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR SUCH IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL OR OTHER INFORMATION. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SITE OR SUCH SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. WE DO NOT CONTROL OR ENDORSE ANY ACTIONS RESULTING FROM YOUR PARTICIPATION IN THE SITE OR SUCH SERVICES, AND, THEREFORE, WE SPECIFICALLY DISCLAIM ANY LIABILITY WITH REGARD TO ANY ACTIONS RESULTING FROM YOUR PARTICIPATION. WE ALSO DISCLAIM ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE OR SUCH SERVICES. WE DO NOT WARRANT THAT THE SITE, INCLUDING, WITHOUT LIMITATION, ANY INFORMATION, CONTENT, MATERIALS, SERVICES, AND/OR PRODUCTS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, ARE FREE OF VIRUSES, CONTAMINATION, DESTRUCTIVE FEATURES OR OTHER HARMFUL COMPONENTS. YOUR SOLE REMEDY AGAINST US FOR DISSATISFACTION WITH THE SITE, INCLUDING, WITHOUT LIMITATION, SUCH SERVICES PROVIDED OR MADE AVAILABLE TO YOU ON THE SITE, IS TO STOP USING THE SITE (OR THE APPLICABLE SERVICES OR OTHER COMPONENT OF THE SITE, AS APPLICABLE). THE FOREGOING LIMITATION OF RELIEF IS AN ESSENTIAL PART OF THE BARGAIN BETWEEN YOU AND US UNDER THESE TERMS. NOTE THAT SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON THE LENGTH OF AN IMPLIED WARRANTY, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

Limitation of Liability

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE AND OUR LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, MEMBERS, MANAGERS, EMPLOYEES, CONTRACTORS, AFFILIATES, AGENTS, OFFICERS, DIRECTORS, SUCCESSORS, AND ASSIGNS SHALL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE REASONABLE FORESEEABLE), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SITE, INCLUDING, WITHOUT LIMITATION, ANY PRODUCTS OR SERVICES MADE AVAILABLE ON THE SITE; (II) ANY ACTION YOU TAKE BASED ON THE INFORMATION YOU RECEIVE IN, THROUGH OR FROM THE SITE (INCLUDING ANY PRODUCTS AND SERVICES MADE AVAILABLE ON THE SITE), (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) THE IMPROPER AUTHORIZATION FOR THE PRODUCTS AND/OR SERVICES OFFERED ON THE SITE BY SOMEONE CLAIMING SUCH AUTHORITY; OR (V) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE.

IN NO EVENT SHALL THE COLLECTIVE LIABILITY OF US AND OUR LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, MEMBERS, MANAGERS, EMPLOYEES, CONTRACTORS, AFFILIATES, AGENTS, OFFICERS, DIRECTORS, SUCCESSORS, AND ASSIGNS TO OR THROUGH YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT OR TORT EXCEED $100.

Indemnification

You agree to indemnify, defend, and hold harmless us, our affiliates, and each of our and their respective shareholders, members, managers, directors, officers, employees, personnel, agents, successors and assigns from and against any and all claims, allegations, demands, actions, causes of action, lawsuits, investigations and proceedings (including any and all liability, damages, costs, expenses (including reasonable attorneys’ fees), settlements, fines, penalties, damages, and other losses of any kind or nature whatsoever resulting from any of the foregoing) (collectively, “Claims”) arising out of or in connection with: (i) your violation of these Terms and Conditions or other agreements incorporated herein by reference; (ii) your access to or use of the Site, including, without limitation, any products or services made available on the Site; (iii) your violation of another person’s or entity’s rights; (iv) your violation of applicable law; or (v) any claim related to your User Content. This indemnification obligation will continue even after you stop using the Site, including, without limitation, any products or services made available on the Site.

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you at your expense, and you shall not in any event settle or otherwise dispose of any matter without our prior written consent.

Privacy

Our Privacy Policy governs the processing of all personal data collected from you in connection with your use of the Site, including, without limitation, any use of products or services offered through this Site.

Force Majeure

We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms and Conditions, for any failure or delay in our performance under these Terms and Conditions when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), restraints or delays affecting carriers, inability to obtain or delay in obtaining adequate or suitable supplies, breakdown of materials or telecommunications, or power outage.

Notices

We may send you responses or notices by email, posting to this Site, or written communication sent by mail. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Unless expressly stated otherwise in these terms, any notices you provide to us shall be given by certified postal mail to:

Salisbury Management, Inc.
23 Walker Avenue
Baltimore, MD 21208

Any notices provided by either party by certified postal mail shall be deemed given three (3) days after the date of mailing.

Dispute Resolution

Governing Law

These Terms and Conditions and your use of this Site shall be governed by and construed for both substantive and procedural purposes in accordance with the laws of the State of Maryland, without giving effect to any principles of any choice or conflict of law provision or rule that would cause the laws of any jurisdiction other than those of the State of Maryland to apply.

Timing of Claims

Any cause of action or claim you may have with respect to this Site must be commenced within one (1) year after the claim or cause of action arises.

Arbitration and Venue

ANY DISPUTE RELATING IN ANY WAY TO YOUR VISIT TO THIS SITE SHALL BE SUBMITTED TO BINDING, FINAL, AND CONFIDENTIAL ARBITRATION IN THE STATE OF MARYLAND, EXCEPT THAT, TO THE EXTENT YOU HAVE IN ANY MANNER VIOLATED OR THREATENED TO VIOLATE OUR INTELLECTUAL PROPERTY RIGHTS, WE MAY SEEK INJUNCTIVE OR OTHER APPROPRIATE RELIEF IN ANY STATE OR FEDERAL COURT, AND YOU CONSENT TO JURISDICTION AND VENUE IN SUCH COURTS. Arbitration under these Terms and Conditions shall be conducted under the rules then prevailing of the American Arbitration Association in accordance with its Commercial Arbitration Rules and before a single arbitrator.

Ultimately, the selected arbitrator must have expertise in the subject matter of the dispute. The expenses of the arbitration charged by the arbitrator shall be borne by the prevailing party or otherwise as appropriately allocated between the parties to the arbitration by the arbitrator in his or her discretion. However, in every other regard, each party shall pay for and bear its own costs and legal fees, costs, and expenses. The arbitration shall be completed within one hundred twenty (120) days of either giving notice or filing a demand to arbitrate with the American Arbitration Association (whichever shall first occur).

Final Arbitration

The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. The testimony, evidence, ruling, and all documentation regarding any arbitration shall be considered confidential information. Neither party may use, disclose, or divulge any such information unless otherwise required by law.

Class Action Waiver

To the fullest extent permitted by applicable law, no arbitration under these Terms and Conditions shall be joined to an arbitration involving any other party subject to these Terms and Conditions, whether through class arbitration proceedings or otherwise. You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR WE WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER USERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER, OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one (1) person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.

Miscellaneous

The division of these Terms and Conditions into sections and the headings of the various sections in these Terms and Conditions are for convenience of reference only and shall not affect the construction or interpretation of these Terms and Conditions. You acknowledge and agree that any principle of construction or rule of law that provides that an agreement shall be construed against the drafter of the agreement in the event of any inconsistency or ambiguity in such agreement shall not apply to these Terms and Conditions. Our failure to insist upon or enforce strict performance of any provision of these Terms and Conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms and Conditions. We may assign these Terms and Conditions, including our rights and duties under these Terms and Conditions, to any party at any time without notice to you and without your express consent. You will not assign or otherwise delegate these Terms and Conditions, including any of your rights or obligations under these Terms and Conditions, without our prior written consent. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves you of any of your obligations under these Terms and Conditions. There shall be no third-party beneficiaries to these Terms and Conditions. Any provision of these Terms and Conditions that contemplates performance or observance subsequent to any expiration or termination of these Terms and Conditions, or which is otherwise necessary to interpret the respective rights and obligations of the parties hereunder, shall survive any expiration or termination of these Terms and Conditions and continue in full force and effect. If any provision of these Terms and Conditions shall be held unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions. These Terms and Conditions, together with our Privacy Policy and all other documents incorporated herein by reference, constitute the entire agreement between the parties pertaining to the subject matter hereof and supersede in their entirety any and all written or oral agreements previously existing between the parties with respect to such subject matter.

U.S. Use Only

This Site is controlled and operated by us from our offices in the United States of America, and the content, services, products and incentives we may provide from time to time on and through the Site are intended to comply with U.S. state and federal laws and regulations. We make no representation that the Site, including, without limitation, any of the materials or the services to which you have been given access through the Site, are available or appropriate for use in other locations. Those who access or use this Site from other jurisdictions do so at their own volition and are responsible for compliance with local law. If you are a non-U.S.-based user, be advised that other countries may have laws or regulatory requirements that differ from those in the U.S. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, in certain jurisdictions, some of the above limitations of liability may not apply to you; all other provisions of these Terms and Conditions remain in full force and effect.

Notice for California Users

Under California Civil Code Section 1789.3, California users of the Site are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N. 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. We may be contacted via email at baltimoreinfo@salisburymgt.com.

Questions

If you have any questions or comments regarding these Terms and Conditions, our Privacy Policy, or this Site, please feel free to contact us by email at baltimoreinfo@salisburymgt.com.