Terms of Service

Last Updated: March 12, 2024

1. Acceptance of the Terms of Use.
General Terms. Global Predictions, Inc. (“Global Predictions,” “we,” “us,” or “our”) is an SEC-registered investment adviser that operates websites and from time-to-time certain mobile software applications (“Mobile Application”) located at https://www.globalpredictions.com/ & https://portfoliopilot.com and all associated pages, and microsites(collectively, the foregoing is referred to as our “Platform”). Registration with the SEC should not be construed as an endorsement or an indicator of investment skill, acumen, training, or experience. When you (the “User,” “Client,” “your” or “you”) use the Platform, you enter into several legally binding agreements, including that you confirm you have read, understand, and agree to be bound by these terms of use (“Terms of Use”).  Please read the Terms of Use carefully and print a copy for your records. You also agree to our Privacy Policy. To view our privacy practices, please visit our Privacy Policy, available at: https://www.globalpredictions.com/privacy-policy.

Global Predictions provides investment advice only through its internet-based application, PortfolioPilot, and only to investors who are advisory clients of Global Predictions pursuant to written advisory Client Agreements (“Advisory Services”). The publicly available portions of the Platform (i.e., the sections of the Platform that are available to individuals who are not party to a Client Agreement) are provided for educational purposes only and are not intended to provide legal, tax, or financial planning advice. To the extent that any of the content published on publicly available portions of the Platform may be deemed to be investment advice, such information is impersonal and not tailored to the investment needs of any specific person. Nothing on the publicly available portions of the Platform should be construed as a solicitation or offer, or recommendation, to buy or sell any security. Before investing, you should consider whether any investment, investment strategy, security, other asset, or related transaction is appropriate for you based on your personal investment objectives, financial circumstances, and risk tolerance. You are also encouraged to consult your legal, tax, or investment professional regarding your specific situation.

For the purpose of these Terms of Use, a User is an individual who uses our Platform to evaluate our service, or for educational purposes. A Client is an individual who signs our Client Agreement that entitles the individual to receive our Advisory Services. These Terms of Use govern all your use of the Platform and your access thereof that must be agreed upon by you and Global Predictions prior to accessing the foregoing. Notwithstanding the foregoing or anything else in these Terms of Use to the contrary, in the event of any conflict between the Terms of Use and a Client Agreement, the Client Agreement shall control.

These Terms of Use, as well as the Privacy Policy, apply to all Users and Clients. If you elect to become a Client, in addition to these Terms of Use and our Privacy Policy, you will be subject to our Client Agreement and any additional in-application terms to which you agree when you enable those features on the Platform. You should read our Client Agreement carefully before determining whether to engage Global Predictions to provide you with advisory services.

IF YOU ARE UNWILLING TO BEBOUND BY THESE TERMS OF USE, DO NOT ACCESS OR USE THE PLATFORM.

IMPORTANT NOTICE REGARDING ARBITRATION ANDCLASS ACTION WAIVER: WHEN YOU AGREE AND ACCEPT THE TERMS AND CONDITIONS OF THESETERMS OF USE, YOU ARE AGREEING TO RESOLVE ANY DISPUTE BETWEEN YOU AND Global Predictions THROUGH BINDING,INDIVIDUAL, PRIVATE ARBITRATION RATHER THAN IN COURT. CLASS ACTIONS AREPROHIBITED. PLEASE REVIEW CAREFULLY SECTION 16 BELOW FOR DETAILS REGARDING THEBINDING WAIVER OF YOUR RIGHT TO RESOLVE DISPUTES IN COURT IN FAVOR OF PRIVATEARBITRATION.

2. Changes to these Terms of Use.
By accessing our Platform, you acknowledge that we reserve the right to change these Terms of Use by posting a revised Terms of Use and we agree that changes cannot be retroactive. If you do not agree with such changes, you must stop using the Platform. If you have a PortfolioPilot account and you do not agree with such changes, you must first Delete Your Account and then stop using the Platform. Your continued use of the Platform following our posting of any such changes will mean that you accept such changes.

3. Mobile Application.
If the User has elected to download any Mobile Application which may be offered by Global Predictions from time to time, we hereby grant you a limited, non-transferable, revocable license to use the object code of such software within the Mobile Application on any mobile device that you own or control that such Mobile Application is authorized to be operated on (as determined by us in our sole discretion) and is permitted by this Section 3. The Mobile Application is licensed, not sold, to you for use only under the terms of this Terms of Use. Global Predictions reserves all rights, title and interest not expressly granted to you. Nothing herein allows you to use the Mobile Application on a device that you do not own or are not authorized to control. The foregoing license terminates upon Global Predictions removing such Mobile Application from an App Store and the Platform.

Furthermore, with respect to any Mobile Application accessed through or downloaded from an App Store (an “App Store Sourced Application”), you will only use the App Store Sourced Application: (1) on a product that runs the operating system for which it was intended and (2) as permitted by the usage rules set forth in the corresponding App Store. Use of the Mobile Application from a third-party App Store is also subject to the provisions of Section 11 (App Store).

4. Use of the Platform.
While Global Predictions stores, processes and transfers data of individuals of all age, including data regarding children based on their guardian’s or parent’s consent, the Platform is intended solely to be accessed by natural persons who are eighteen (18)years of age or older, and any registration by, use of, or access to the Platform by any person under 18 is unauthorized and in violation of these Terms of Use. We may terminate your use of the Platform without notice if we believe you are less than 18 years old. By using the Platform, you represent and warrant that, you are a natural person, you are 18 or older, and that you agree to and will abide by all of the terms and conditions of these Terms of Use.

The Platform is only available for use in the United States of America (U.S.). We make no representation that the Platform is appropriate or available for use outside the U.S. Similarly, we make no representations that accessing the Platform from locations outside the U.S.is legal or permissible by local law. If you access the Platform from areas outside of the U.S., you do so at your own risk and are yourself responsible for compliance with local laws.

5. Use Restrictions.
Without our prior written consent, you may not:
- Use any automated means to access this Platform or collect any information from the Platform(including, without limitation, robots, spiders, scripts, or other automatic devices or programs);
- Frame the Platform in any manner, utilize framing techniques to enclose any content or other proprietary information, place pop-up windows over any Platform pages, or otherwise affect the display of any pages on the Platform;
- Engage in the practices of “screen scraping,” “database scraping,” or any other activity with the purpose of obtaining content or other information;
- Use the Platform in any manner that violates applicable law or that could alter, damage, disable, overburden, or impair the Platform or interfere with any other party’s use and enjoyment of the Platform; or
- Access, use, or monitor the Platform for benchmarking or any competitive purposes. Except as the parties may agree in the Client Agreement, we may terminate or disable your access to the Platform for any reason, with or without cause, including if we believe that you have violated or acted inconsistently with these Terms of Use.

6. User Representations.
Parts of the Platform maybe accessed only by registering for an account and creating a password. Keep your password secure. You are responsible for the activities on your account. You represent, warrant, and agree that no materials of any kind submitted through your account or otherwise posted or shared by you through the will violate or infringe upon the rights of any third party, including without limitation any copyright, trademark, patent, privacy, publicity, or other personal or intellectual property rights; or contain libelous, defamatory, or otherwise unlawful material. You will notify us promptly if you discover any unauthorized use of your account. We are not responsible for any losses resulting from unauthorized use of your account.

In addition, you agree not to use the Platform to:
- Except where authorized by us, register for more than one User account, register or operate a User account on behalf of or for the benefit of any person who is not eligible to register for or operate a User account in their own name;
- Impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age, or your affiliation with or authority to act on behalf of any person or entity;
- Upload, post, transmit, share, store, or otherwise make publicly available through the Platform any private information of any third party;
- Upload, post, transmit, share, or otherwise make available any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of the Platform; or use or attempt to use another’s account without authorization from that person, or create a false identity through the Platform.

7. Information Posted through the Platform.
As between us and you, all content made available on or through the Platform, whether uploaded, published, or displayed by us, including designs, text, graphics, pictures, video, information, software, music, sound and other files, and their selection and arrangement, except as provided in Section 11 (App Store) is the property of Global Predictions (collectively the “Global Predictions Content”). To the best of our knowledge, we use only content that we own or have permission to use. No Global Predictions Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the owner’s prior written permission. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise.

You are solely responsible for the information that you post on or through the Platform and your conduct regarding the Platform. By posting information to or through the Platform, you agree to(a) provide accurate, current, and complete information; (b) maintain the security of your password and identification, to the extent you are provided a password and identification; (c) promptly notify us of any changes to information or circumstances that could affect your eligibility to continue using the Platform; and (d) be fully responsible for all use of your account and for any actions that take place using your account.

The Platform may contain links to third-party websites and services, and/or display advertisements for third parties (collectively, “Third-Party Links & Ads”). Where the Platform contain links to Third-Party Links & Ads, these links are provided for your information and convenience only. We have no control over the contents of those sites or resources. Global Predictions does not review, approve, endorse or make any promises with respect to Third-Party Links & Ads.  You use all Third-Party Links & Ads at your own risk and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links & Ads, the applicable third party’s terms and policies apply, not these Terms of Use.

8. Data Collection.
If you register for a PortfolioPilot account, you may use one of the third-party service providers we work with to connect your accounts maintained at external financial institutions, including at banks and broker-dealers (“Connected Accounts”), and direct Global Predictions to retrieve and display certain data from your Connected Accounts in your Platform account. Connecting your accounts is completely voluntary and at your option. In addition, the Platform may provide access to payment processing that is hosted and provided by third-party service providers. As made available to you, third-party service providers have additional terms and conditions that are different than these terms. To the extent not restricted by law or applicable agreements with third parties, Global Predictions is not responsible or liable for any third-party acts or omissions or services they may provide you.

9. Consent to be Contacted.
To the extent required by applicable law, we ensure we make the proper disclosures and obtain consumer consent when collecting your contact information.

10. Intellectual Property
Trademarks
The “Global Predictions” name and all associated graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks, or trade dress in the United States. Global Predictions’ trademarks and trade dress may not be used, including as part of trademarks or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Global Predictions.

Submissions
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information (“Submissions”), provided by you to us through the Platform are non-confidential and shall become the sole property of Global Predictions. Global Predictions shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

Copyright Complaints
If you believe that any material on the Platform infringes upon any copyright which you own or control, you may send a written notification of such infringement to our designated agent as set forth below:
Global Predictions
- support@globalpredictions.com or via telephone at (510) 426-6421 

To meet the notice requirements under the Digital Millennium Copyright Act, the notification must be a written communication including the following:
- A physical or electronic signature of a 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, a representative list of such works at that 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 the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

11. App Store.
If and when you download any Mobile Application offered by us, you may do so through a third party’s online application store(“App Store”). You acknowledge that these Terms of Use are between you and us and not with the owner or operator of the App Store (“App Store Owner”).As between the App Store Owner and us, we, and not the App Store Owner, are solely responsible for the Platform, including the Mobile Application, the content, maintenance, support services, and warranty, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement). In order to use the Mobile Application, you must have access to a wireless or cellular network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store Owner in connection with the Platform, including the Mobile Application. The following applies to any App Store Sourced Application (as such term is defined in Section 3):

Your use of the App Store Sourced Application must comply with the App Store’s Terms of Service or equivalent terms.

You acknowledge that the App Store Owner has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.

In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify the App Store Owner, and the App Store Owner will refund the purchase price for the App Store Sourced Application to you (if any) and to the maximum extent permitted by applicable law, the App Store Owner will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between Global Predictions and the App Store Owner, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Global Predictions.

You and we acknowledge that, as between Global Predictions and the App Store Owner, the App Store Owner is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (1) product liability claims; (2) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation.

You and we acknowledge that, in the event of any third-party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between Global Predictions and the App Store Owner, Global Predictions, not the App Store Owner, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms of Use.

You and we acknowledge and agree that the App Store Owner, and the App Store Owner’s subsidiaries, are third-party beneficiaries of these Terms of Use as related to your license of the App Store Sourced Application, and that, upon your acceptance of these Terms of Use, the AppStore Owner will have the right (and will be deemed to have accepted the right)to enforce the terms of these Terms of Use as related to your license of the App Store Sourced Application against you as a third-party beneficiary thereof.

You represent and warrant that (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.

Without limiting any other terms in these Terms of Use, you must comply with all applicable third-party terms of agreement when using the App Store Sourced Application.

12. Disclaimers.
Platform Changes
Except as may be agreed upon in a Client Agreement, we reserve the right to change any and all content within the Platform and any service offered through the Platform at any time without notice.

Disclaimer of Warranties
We provide the Platform “ASIS” and assume no responsibility for any failure to provide the Platform to you. The Platform may be temporarily unavailable from time to time for maintenance or other reasons. We may discontinue the Platform or any goods or services available through the Platform at any time and for any reason. We are not responsible for any problems or technical malfunction of any telephone or cable network or lines, servers or providers, computer equipment, software, failure of email, or technical problems or traffic congestion on the Internet or on or through the Platform, including injury or damage to Users or to any other person’s devices related to or resulting from use of the Platform.

Under no circumstances will we be responsible for any loss or damage, including any loss or damage to any user data, financial damages, lost profits, loss of business, or personal injury or death, resulting from anyone’s use of the Platform. YOU AGREE THATYOUR USE OF THE PLATFORM IS AT YOUR OWN RISK, and that we EXPRESSLY DISCLAIMALL WARRANTIES, TERMS AND CONDITIONS, INCLUDING, BUT NOT LIMITED TO, THEIMPLIED WARRANTIES, TERMS AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR APARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD-PARTY RIGHTS AND SATISFACTORYQUALITY.

Relationship with Users who are not Clients
Your use of this Platform and its information does not create an investment advisory, fiduciary, or professional services relationship between you and Global Predictions.  As a User who is not a Client, you agree and understand that your use of the Platform is for educational purposes only and is not intended to provide legal, tax or financial planning advice. You agree as a User that you are responsible for your own investment research and investment decisions, that the Platform is only one of many tools you may use as part of a comprehensive investment education process, that you should not and will not rely on the Platform as the primary basis of your investment decisions. To the extent that any of the content published on portions of the Platform available to you may be deemed to be investment advice, such information is impersonal and not tailored to the investment needs of any you or any specific person. You understand and acknowledge that the investment results you could obtain from using investment information and financial insights provided by Global Predictions cannot be guaranteed and that Global Predictions cannot be held responsible. All investments entail a risk of loss and that you may lose money. Global Predictions will not be liable for decisions/actions you take or authorize third parties to take on your behalf based on information you receive as a User of the Platform or information you otherwise see on our Platform.

Investment advisory services may be offered to Users who become Clients, at the sole discretion of Global Predictions. Your election to engage our investment advisory services are subject to your explicit enrollment and acceptance of the separate Client Agreement and related fee schedule.

13. Limitation of Certain Damage Types.
EXCEPT IN JURISDICTIONS WHERESUCH PROVISIONS ARE RESTRICTED OR PROHIBITED, IN NO EVENT WILL GLOBALPREDICTIONS OR ANY OF ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU ORANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL,SPECIAL, OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATAARISING FROM YOUR USE OF THE PLATFORM OR ANY OF CONTENT OR OTHER MATERIALS ONOR ACCESSED THROUGH THE PLATFORM, EVEN IF ANY OF US IS AWARE OF OR HAS BEEN ADVISEDOF THE POSSIBILITY OF SUCH DAMAGES.

14. Limitation of Liability Amount.
TO THE EXTENT NOTPROHIBITED BY APPLICABLE LAW, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER,AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE GREATEROF THE AMOUNT PAID BY YOU TO US FOR THE PLATFORM OR PRODUCT AT ISSUE IN THETHREE MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM AND $10. YOUACKNOWLEDGE THAT IF NO FEES ARE PAID TO US FOR A SERVICE OR PRODUCT, YOU SHALLBE LIMITED TO, AT MOST, INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PROHIBITED BY APPLICABLELAW, AND SHALL NOT BE ENTITLED TO ANY OTHER DAMAGES, REGARDLESS OF THE CAUSE OFACTION.

NOTHING IN THESE TERMSSHALL LIMIT OR EXCLUDE OUR LIABILITY FOR: (i) DEATH OR PERSONAL INJURYRESULTING FROM OUR WILLFUL MISCONDUCT; (ii) FRAUD OR FRAUDULENTMISREPRESENTATIONS; OR (iii) ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED BYAPPLICABLE LAW.

15. Disputes, Governing Law, Venue, and Jurisdiction.
To the extent not inconsistent with Federal law, these Terms of Use shall be governed by and construed in accordance with the laws of the State of California, and incompliance with the U.S. Federal Arbitration Act. Any court proceeding relating to these Terms of Use or its subject matter may be brought in federal or state court situated in the County of San Francisco, State of California.  The parties hereby waive any objection they may have in any such action based on lack of personal jurisdiction, improper venue, or inconvenient forum.
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16. Arbitration Agreement & Dispute Resolution.
Arbitration.  Any dispute, controversy or claim arising out of or relating to the Platform provided by Global Predictions, these Terms of Use, or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of these Terms of Use to arbitrate (each a “Dispute”), shall be resolved solely by binding, individual arbitration rather than a class, representative or consolidated action or proceeding. You and Global Predictions each further agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these Terms of Use, and that each party is waiving the right toa trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms of Use.

(1) Exceptions. As limited exceptions to mandatory arbitration as set forth in this Section, the parties each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights.

(2) Conducting Arbitration and Arbitration Rules. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Agreement. The AAA Rules are available at www.adr.org orby calling 1-800-778-7879. A party who wishes to start arbitration must submit a written Demand for Arbitration to AAA and give notice to the other party as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at www.adr.org. If your claim is for U.S. $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic or video-conference hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds U.S. $10,000, the right to a hearing will be determined by the AAA Rules. Any arbitration hearings will take place in the County of San Francisco, California, unless the parties both agree in writing to a different location. You and Global Predictions agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability, and scope of the terms of these Terms of Use.

(3) Arbitration Costs. Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. If you prevail in arbitration, you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law.

(4) Effect of Changes on Arbitration. Adviser reserves the right to modify this Section 16 at any time upon 30 days’ written notice to you. Any such modification shall be prospective and shall not affect previously filed claims. By continuing to use Platform, you agree to and accept all terms and conditions of any modifications.

(5) Class Action Waiver. YOU AND GLOBAL PREDICTIONS AGREE THAT EACH MAY BRING CLAIMSAGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS APLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if our Dispute is resolved through arbitration, the arbitrator may not consolidate another person’s claims with your claims and may not otherwise preside over any form of a representative or class proceeding. If any of the specific provisions within this Section are found to be unenforceable, the remainder of this Section shall not be affected thereby and, to this extent, the provisions of this Section shall be deemed to be severable. If there is a final judicial determination that any particular claim (or a request for particular relief) cannot be arbitrated in accordance with this Section, then only that claim (or only that request for relief) may be brought in court. All other claims (or requests for relief) remain subject to this Section.

17. Indemnity.
To the maximum extent permitted by law, you agree to indemnify and hold us, our subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners, and employees, harmless from and against any loss, liability, claim, demand, damages, costs (including attorneys’ fees), and expenses, arising out of or in connection with your use of the Platform or any violation of these Terms of Use. Global Predictions reserves the right to assume the exclusive defense and control (at your expense) of any matter that is subject to indemnification under this Section. In such case, you agree to cooperate with any reasonable requests assisting Global Predictions’ defense of such matter.

Nothing in these terms of use shall affect any non-waivable statutory rights that apply to you. Furthermore, Federal and state securities laws impose liabilities under certain circumstances on persons who act in good faith and therefore nothing herein shall in any way constitute a waiver or limitation of any rights which You may have under federal or state securities laws.

18. Survival.
The following Sections survive the termination of these Terms of Use: 9, 10, 12 through 18.

PLEASE PRINT A COPY OF THIS AGREEMENT FOR YOUR RECORDS AND PLEASE CHECK BACK FREQUENTLY FOR ANY CHANGES TO THIS AGREEMENT