Acceptance of These Terms
Changes to the SGH Website
SGH reserves the right to modify or discontinue the SGH Website with or without notice to you. SGH will not be liable to you or any third party should it exercise its right to modify or discontinue the SGH Website. If you object to any such changes, your sole recourse will be to cease access to the SGH Website and any content accessed through the SGH Website.
Copyright, Trademark, and Proprietary
2. The works of authorship contained in the SGH Website, including, but not limited to, all design, text, sound recordings, and images—are owned, except as otherwise expressly stated, by SGH and may not be copied, reproduced, transmitted, displayed, performed, distributed, rented, sublicensed, uploaded, posted, framed, altered, stored for subsequent use, or otherwise used in whole or in part in any manner without SGH's prior written consent, except to the extent that such use constitutes "fair use" under the Copyright Act of 1976 (17 U.S.C. § 107), as amended, and then, only with notices of SGH's proprietary rights.
3. You may not link to the SGH Website without prior written approval from SGH.
5. The Licensed Marks are trademarks or registered trademarks of Seaport Global Holdings LLC, in the U.S. and/or other countries. All other trademarks used on the SGH website are property of their respective owners. The absence of a name, logo, or other mark on this list does not constitute a waiver of any and all intellectual property rights that SGH has established in any of its products, services, programs, features, service marks, service names, or logos. Third parties may not use the Licensed Marks without SGH’s prior written permission.
In no case may you:
1. Decompile, reverse engineer, disassemble, modify, distribute, or create derivative works or improvements from the SGH Website or any portion thereof, or attempt to discover any source code, protocols, or other trade secrets in the SGH Website;
2. Obtain or attempt to obtain unauthorized access to SGH’s Website or network;
3. Use the SGH Website in violation of applicable laws or regulations;
5. Use any process to monitor or copy the SGH Website in bulk, or use any data mining, scraping or harvesting tools (including robots), or any similar data-gathering or extraction tools;
6. Use any device, software, or routine to bypass any software or hardware that limits the volume or frequency of requests for the SGH Website;
7. Attempt to interfere with the proper working of the SGH Website, including taking any action that imposes an unreasonable or disproportionately large load on the SGH Website (including by making voluminous, excessive, or repetitive requests for data) or introduce a virus or other malware to the SGH Website;
8. Alter or modify the content of the SGH Website;
9. Create derivative works or improvements from the SGH Website;
11. Use the SGH Website or Licensed Marks in a manner that infringes, violates, or misappropriates SGH’s, its affiliates’, or a third party’s intellectual property rights;
12. Use the SGH Website in any manner that disparages SGH or is otherwise threatening, vulgar, or inappropriate as SGH determines, in its sole discretion;
13. Remove, obscure, make illegible, or alter any original copyright or other notices or indications placed on the SGH Website; or
14. Use the SGH Website for any purposes for which you have not been granted written permission by SGH.
Disclaimers; Limitation of Liability
1. YOU ACKNOWLEDGE AND AGREE THAT THE SGH WEBSITE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS, AND THAT YOUR USE OF THE SGH WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, SGH, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, CONTRACTORS, AND LICENSORS (THE “SGH PARTIES”) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SGH WEBSITE AND YOUR USE THEREOF. SGH MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE QUALITY, TRUTHFULNESS, VALIDITY, ACCURACY, OR COMPLETENESS OF THE SGH WEBSITE OR ANY THIRD-PARTY WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY: (I) ERRORS OR OMMISSIONS IN ANY CONTENT; (II) TECHNICAL ERRORS AFFECTING THE FINRA WEBSITE IN ANY WAY; (III) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SGH WEBSITE BY ANY THIRD PARTY; AND/OR (IV) LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SGH WEBSITE.
2. NO ADVICE, INFORMATION, OR DATA, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SGH OR THROUGH OR FROM USE OF THE SGH WEBSITE SHALL BE INTENDED TO PROVIDE ANY LEGAL, TAX, INVESTMENT, OR FINANCIAL ADVICE OR TO BE COMPLETE ON ANY SUBJECT MATTER CONTAINED THEREIN.
4. IF ANY PORTION OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF SGH PARTIES SHALL NOT EXCEED $100.
5. Links to Other Sites
The SGH Website may contain links to websites owned or operated by third parties. If you leave the SGH Website, SGH has no control over the contents of any linked website and is not responsible for these websites or their content or availability. SGH therefore makes no guarantees, representations, or warranties, express or implied, about such linked websites, the third parties they are owned and operated by, the information contained on them, or the suitability or quality of any of their products or services. A link to a third-party website from the SGH Website does not imply sponsorship, approval, affiliation, or endorsement by SGH. Your use of links to third-party websites is at your own risk, and SGH shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to have been caused by, related to, or in connection with any third-party website(s).
Other SGH Policies and Terms
In the event of any actual or threatened unauthorized use of the SGH Website, SGH will be entitled, without waiving any other rights or remedies, to immediate injunctive or equitable relief from a court of competent jurisdiction and may obtain any order restraining any threatened or future unauthorized use or loss in each case, on use of affidavit evidence or otherwise, and without furnishing proof of actual damages or posting a bond or other surety.
Choice of Law