ComhlaTech.online (COMHLATECH.ONLINE) is owned by ComhlaTech Limited (COMHLATECH LIMITED), an Ontario, Canada Corporation. In this TERMS OF USE agreement COMHLATECH.ONLINE and COMHLATECH LIMITED are used interchangeably. COMHLATECH LIMITED trades equities and futures in its own corporate accounts. ComhlaTech Limited’s trades will be referred to as the Portfolio. COMHLATECH.ONLINE is a service where members have the opportunity to learn about trades that ComhlaTech Limited has made in the Portfolio. COMHLATECH.ONLINE also provides commentary reflecting employee and member/subscriber’s opinions about trading and the stock market. These opinions do not necessarily reflect the opinions of the company.
Trading Results obtained by members may differ from results obtained by ComhlaTech Limited for many reasons, including, without limitation: (i) the size of the portfolio and the volume of shares traded by ComhlaTech Limited affect the commissions on the overall return of the portfolio, (ii) the prices of stocks in the portfolio at the point in time members execute trades may be higher or lower than such prices at the time that ComhlaTech Limited executed the trade, and (iii) members may not have the capital to trade as frequently as ComhlaTech Limited.
Not Personal Advice
All market and trading information contained in COMHLATECH.ONLINE reflect ComhlaTech Limited’s own opinions and actions, and none of the information contained therein constitute a recommendation by ComhlaTech Limited, or its employees, that any particular security, portfolio of securities, transaction, or investment strategy is suitable for any specific person. You further understand that ComhlaTech Limited, or its employees, will not advise you personally concerning the nature, potential, value or suitability of any particular security, portfolio of securities, transaction, investment strategy or other matter. To the extent any of the information contained in COMHLATECH.ONLINE may be deemed to be investment advice, such information is impersonal and not tailored to the investment needs of any specific person. ComhlaTech Limited’s past results are not necessarily indicative of future performance. DO NOT EMAIL OR CONTACT COMHLATECH OR ITS EMPLOYEES, SEEKING PERSONALIZED INVESTMENT ADVICE, WHICH THE COMPANY, OR ITS EMPLOYEES, CANNOT PROVIDE.
Acceptance of Terms
These Terms of Use (the “TOU”) govern your use of the Services (as defined below) we provide to you (referred to herein as “you” or “your”) through COMHLATECH.ONLINE. Please read these TOU carefully. You, agree to be bound to and comply with these TOU by using any of our Services. If you do not agree to the terms and conditions contained in the TOU, you agree not to use the Service, and we do not consent to provide you with access to the Service. In addition, when using a particular Service, you and COMHLATECH.ONLINE, its business units, subsidiaries and affiliates (“COMHLATECH.ONLINE”, “COMHLATECH LIMITED”, “we,” “our,” or “us”) shall be subject to any posted guidelines or rules applicable to such Services, which may be posted and modified from time to time. All such guidelines or rules are hereby incorporated by reference into the TOU.
Changes to the TOU and Our Services
We reserve the right at any time to:
- Change the terms and conditions of the TOU;
- Change all or any portion of the Service, eliminating or discontinuing any content or feature of the Services; or
- Change the fees, charges or other conditions for use of the Services (with reasonable notice, in our sole discretion).
- Any changes we make to the TOU will be effective immediately after we post the modified TOU on COMHLATECH.ONLINE. In the event that you have the TOU cached on your browser, the TOU that applies to you is the most recent version of the TOU that appears on a non-cached browser. You should check our TOU frequently.
Important Disclaimer Regarding the Information COMHLATECH.ONLINE Provides
COMHLATECH.ONLINE is a publisher. You understand that no content published as part of the Services constitutes a recommendation that any particular investment, security, portfolio of securities, transaction or investment strategy is suitable for any specific person. You further understand that none of the creators of our Services or their affiliates will advise you personally concerning the nature, potential, value or suitability of any particular investment, security, portfolio of securities, transaction, investment strategy or other matter. To the extent any of the content published as part of the Services may be deemed to be investment advice, such information is impersonal and not tailored to the investment needs of any specific person.
You understand that the Services may contain opinions from time to time with regard to securities mentioned in other Services. You further understand that COMHLATECH.ONLINE/COMHLATECH LIMITED and its employees, independent contractors, affiliates, and creators of the Services may not and will not advise you personally concerning the nature, potential, value or suitability of any particular security, portfolio of investments, securities, transaction, investment strategy or other matter. Accordingly, do not attempt to contact them seeking personalized investment advice which they cannot provide. Past results are not necessarily indicative of future performance.
COMHLATECH.ONLINE and COMHLATECH LIMITED affiliates and employees may, from time to time, have long and short positions in, or buy or sell the securities, or derivatives thereof, of companies mentioned in respective Services and may take positions inconsistent with information provided by the Service to its members.
You understand that performance data is supplied by sources believed to be reliable, that the calculations therein are made using such data, and that such calculations are not guaranteed by these sources, the information providers, or any other person or entity, and may not be complete.
From time to time, reference may be made in our marketing materials to prior articles and opinions we have published. These references may be selective, may reference only a portion of an article or recommendation, and may not to be current. As markets change continuously, previously published information and data may not be current and should not be relied upon.
When U.S. exchanges are open, any quotes (other than those obtained through the real-time quote services available to users of certain Services) may be delayed 15 minutes or more. When U.S. exchanges are not open, quotes are only current as of the close of the last day of trading. Before selling or buying any investment. You should consult with a qualified broker or other financial professional to verify pricing information.
The Services involves an actual Portfolio of investments, as described below, such investments are chosen by ComhlaTech Limited in accordance with internal trade secret investment strategies. Your actual results may differ from results of the Portfolio for many reasons, including, without limitation:
- Performance results for the Portfolio do not reflect actual trading commissions that you may incur;
- Performance results for the Portfolio do not account for the impact, if any, of certain market factors, such as lack of liquidity, that may affect your results;
- Investments chosen for the Portfolio may be volatile. The price at which you buy or sell a security may be higher or lower than the price ComhlaTech Limited bought or sold the same security.
- Prices of investments in the portfolio at the point in time you begin subscribing to the Service may be higher or lower than such prices at the time such investments were chosen for inclusion in the portfolio.
Registration and Privacy
In order to gain access to the Services, you must become a member by choosing a unique user name, member name and password, and supply us with true, accurate, current and complete information about yourself, as required on the registration page. We may refuse to grant you a user name and member name that is threatening, abusive, offensive, harassing, derisive, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, impersonates someone else, is or may be protected by trademark or proprietary rights law, or is hatefully, racially, ethnically or otherwise objectionable, or inappropriate, as determined by us in our sole discretion. In consideration of your use of the Services, You represent that you are of legal age to form a binding contract and are not a person barred from receiving the Services under the laws of the United States, Canada or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form and (b) maintain and promptly update your registration data to keep it true, accurate, current and complete.
ComhlaTech Limited’s policy with respect to the collection and use of your personal information is set forth in our Privacy Policy.
As a member, you also have certain other obligations relating to your account:
- You may not transfer to or resell your use of or access to the Services to any third party;
- You may not share the information received as part of your membership with any non-member;
- You are responsible for all activities that occur under your account;
- You are responsible for maintaining the confidentiality of your user name, member name and password; and
- You agree to notify us at contact@ComhlaTech.com if you become aware of any possible unauthorized use(s) of your account or any possible breach of security, including loss, theft, or unauthorized disclosure of your user name, member name or password.
- You may cancel your subscription at any time by logging into the website with your email address and password, and then clicking the ‘cancel my account button located at the bottom of the ‘My Account section. You can also call our Customer Service Department by telephone at 226 210 5151. Monday through Friday between the hours of 9:00 a.m. and 5:00 p.m. EST (Eastern Standard Time).
Please also read the Subscription Renewal provisions, below.
Your subscription will continue for the monthly or other period you select during registration (the “Term”), and renew automatically at the end of the Term, unless you notify us of your decision not to renew your subscription by using the ‘cancel my account button in the ‘My Account section of the COMHLATECH.ONLINE website or calling our Customer Service. You can contact our Customer Service Department by telephone at 226 210 5151 Monday through Friday between the hours of 9:00 a.m. and 5:00 p.m. EST.
If you do not notify us as described above, the then-applicable monthly or annual fee for your subscription will be billed automatically to the credit card you designated during the registration process (or subsequently changed).
Please note:
In connection with recurring billing for subscription renewals, we may receive updated information about your account from the financial institution issuing your credit or charge card. You agree to pay all fees and charges incurred in connection with your user name, member name and password (including any applicable taxes) at the rates in effect when the charges were incurred. You will have 60 days from the date of charge to notify us concerning any discrepancies in your credit card statement or any invoice; after that time, all charges will be deemed correct and no refunds will be given. You agree to pay all amounts due upon demand. In the event we have to collect unpaid amounts you owe us, you will be liable for all attorneys’ and collection agency fees.
The Services and the content distributed through the Services, with the exception of any User-Generated Content (as defined below), is the property of COMHLATECH LIMITED and COMHLATECH.ONLINE and/or its licensors. You may access and use the content, and download and/or print out one copy of any content from the Services, solely for your personal, non-commercial use. You acknowledge that you do not acquire any ownership rights by using the Services. If you are interested in reprinting, republishing or distributing content from COMHLATECH LIMITED or COMHLATECH.ONLINE, please contact us. If you choose to submit content for publication through the Service, such as guest commentary or guest opinions, such content shall be exclusive to COMHLATECH.ONLINE, deemed to be property of ComhlaTech Limited, and by submitting such content you irrevocably assign any and all rights to such content to COMHLATECH LIMITED.
Because we host User-Generated Content as a part of portions of the Services and therefore redistribute User-Generated Content you give us, we need to obtain certain rights in those materials. By posting, sending or transmitting to us User-Generated Content, you grant us and our designees a worldwide, non-exclusive, sub-licensable (through multiple tiers), assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute (through multiple tiers), create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale and import such User-Generated Content in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the User-Generated Content. None of the User-Generated Content disclosed in any part of the Services shall be subject to any obligation, whether of confidentiality, attribution, or otherwise, on our part and we shall not be liable for any use or disclosure of any User-Generated Content.
“COMHLATECH.ONLINE”, the “COMHLATECH Logo” and other marks are trademarks and/or service marks of ComhlaTech Limited. All other trademarks, service marks, and logos used on our websites are the trademarks, service marks, or logos of their respective owners.
You may not republish, upload, post, transmit or distribute content available through the Services to online bulletin boards, message boards, newsgroups, chat rooms, or in other any manner, without our prior written permission. Modification of the content or use of the content for any purpose other than your own personal, non-commercial use is a violation of our copyright and other proprietary rights, and can subject you to legal liability.
In addition, in connection with your use of the Service, you agree not to:
- Restrict or inhibit any other visitor from using the Services, including, without limitation, by means of “hacking” or defacing any portion of any of our websites;
- Use the Services for any unlawful purpose;
- Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Services or any of our websites;
- “Frame” or “mirror” any content available through the Services or any of our websites without our prior written authorization;
- Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to download, retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the content available through the Services or any of our websites; or
- Harvest or collect information about users of the Services without their express consent.
You also agree that at all times you will:
- Comply with all applicable laws, rules and regulations in connection with your use of the Services and the content made available therein;
- Be responsible for all statements made and acts or omissions that occur on your user account while your password is being used;
- Waive any and all rights against COMHLATECH.ONLINE and COMHLATECH LIMITED and hold COMHLATECH.ONLINE and COMHLATECH LIMITED harmless in connection with any claims relating to any action taken by COMHLATECH.ONLINE and COMHLATECH LIMITED as part of its investigation of a suspected violation or result of its conclusion that a violation of the TOU has occurred, including but not limited to the removal of posts or a suspension or termination of your membership account;
- Maintain and promptly update your registration data to keep it true, accurate, current and complete.
Your use of certain Services made available to you by COMHLATECH.ONLINE may be governed by additional rules, which are available on our websites or by hyperlink from other websites, in connection with the Services. By using any Service, you are acknowledging that you have reviewed all corresponding rules and agree to be bound by them. Some of the Services may have been provided by third parties for your use. In the event any Service or tool is provided by a third party, such service or tool may become unavailable in the event the agreement between us and the third party is terminated. You expressly acknowledge and agree that your use of all Services and tools is solely at your own risk.
Any sweepstakes, contests, and games that are accessible through our websites are governed by specific rules. By entering such sweepstakes or contests or participating in such games, you will become subject to those rules.
Content available through the Services may contain links to other Internet websites or resources. We neither control nor endorse such other websites, nor have we reviewed or approved any content that appears on such other websites. You acknowledge and agree that we shall not be held responsible for the legality, accuracy, or inappropriate nature of any content, advertising, products, services, or information located on or through any other websites, nor for any loss or damages caused or alleged to have been caused by the use of or reliance on any such content.
Viral Links
You are encouraged to link to the Services on any online bulletin board, message board, newsgroup, website or chat room (“Third-Party Site”). If you elect to display links from our websites on a Third-Party Site, you agree that you will comply with COMHLATECH.ONLINE’s viral linking requirement as set forth herein. Notwithstanding anything contained herein, we reserve the right to deny permission to you to link to the website for any reason in our sole and absolute discretion.
COMHLATECH.ONLINE hereby grants you the permission to post such links on a Third-Party Site, provided, however, that you comply with the following guidelines:
You may display only an excerpt of the content not to exceed 75 words that must be followed by a link to the full content of the Services. You are not permitted to reproduce the entire text of content as it appears on the website. You are prohibited from displaying excerpts from the Services.
The by-line must consist of the name or title of the content and the name of the website. (e.g. “as appearing on COMHLATECH.ONLINE”)
Any website that links to COMHLATECH.ONLINE (a) must not suggest or imply that we are sponsoring or endorsing such website(s)’s product, unless COMHLATECH.ONLINE has given its prior written consent; (b) must not use any of our trademarks on such Third-Party Site without prior written consent of COMHLATECH.ONLINE; and (c) must not display any excerpt of COMHLATECH.ONLINE content and link together with content on such Third-Party Site that may be construed as distasteful, offensive or controversial.
The Services and any content obtained or accessed through the Services, is provided “as is” without representations or warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, COMHLATECH.ONLINE and COMHLATECH LIMITED, its shareholders, officers, directors, employees, subsidiaries, affiliates, suppliers, advertisers, and agents disclaim all warranties, express, implied or statutory, including, but not limited to, implied warranties of title, non-infringement, merchantability, and fitness for a particular purpose or use, and all warranties relating to the adequacy, accuracy or completeness of any information available through the Services.
COMHLATECH.ONLINE and COMHLATECH LIMITED and its affiliates, suppliers, agents and sponsors do not warrant that your use of the Services will be uninterrupted, error-free, or secure, that defects will be corrected, or that the Services or the server(s) on which the Services are hosted are free of viruses or other harmful components. You acknowledge that you are responsible for obtaining and maintaining all telephone, internet, computer hardware and other equipment needed to access and use the Services, and all charges related thereto. You assume total responsibility and risk for your use of the Services and Your reliance thereon. No opinion, advice, or statement of COMHLATECH.ONLINE and COMHLATECH LIMITED or its affiliates, suppliers, agents, members, or visitors, whether made on the site or otherwise, shall create any warranty. Your use of the site, the content contained therein, and materials provided through the site, are entirely at your own risk.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that COMHLATECH.ONLINE and COMHLATECH LIMITED shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Services.
A possibility exists that content available through the Services could include inaccuracies or errors, or materials that violate the TOU. Additionally, a possibility exists that unauthorized alterations could be made to the content available through the Services by third parties. Although we attempt to ensure the integrity of our websites and Services, we make no guarantees as to the completeness or correctness of any content available through the Service. In the event that such a situation arises, please contact us at contact@comhlatech.com with, if possible, a description of the material to be checked and the location (URL) where such material can be found on our websites, as well as information sufficient to enable us to contact you. We will try to address your concerns as soon as reasonably practicable. For copyright infringement claims, see the section on “Copyright Infringement” below.
Under no circumstances shall COMHLATECH.ONLINE and COMHLATECH LIMITED be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, or non-performance of third parties.
NEITHER COMHLATECH LIMITED, OR COMHLATECH.ONLINE, OR ITS EMPLOYEES, OWNERS, SHAREHOLDERS, AFFILIATES, SUPPLIERS, SUBSIDIARIES, ADVERTISERS, AGENTS OR SPONSORS ARE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, RELIANCE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICES AND/OR ANY CONTENT CONTAINED THEREIN, OR ANY SERVICE USED OR PURCHASED THROUGH COMHLATECH.ONLINE, WHETHER SUCH DAMAGE IS FORESEEABLE OR NOT AND WHETHER OR NOT YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. FOR AVOIDANCE OF DOUBT, DAMAGES ARISING UNDER THE SECTION ENTITLED “INDEMNIFICATION” (INCLUDING WITHOUT LIMITATION DAMAGES TO WHICH A PARTY IS ENTITLED TO INDEMNIFICATION UNDER SUCH SECTION THAT SUCH PARTY SUFFERS IN CONNECTION WITH THIRD PARTY CLAIMS FOR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES) ARE DEEMED TO BE DIRECT DAMAGES OF THE INDEMNIFIED PARTY. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING IT. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO COMPANY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION — WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE — SHALL BE THE TOTAL AMOUNT PAID TO US BY YOU, IF ANY, FOR ACCESS TO THE SERVICES IN THE CURRENT CALENDAR YEAR OF YOUR SUBSCRIPTION.
You agree to indemnify, defend and hold harmless COMHLATECH LIMITED and COMHLATECH.ONLINE, our current and former affiliates, our current and former officers and shareholders, directors, employees, agents and representatives and their successors and assignees from and against any and all liabilities, claims, damages, losses, costs (including reasonable attorneys’ fees), or other expenses associated with or incurred as a result of or from (a) your violation of the TOU; (b) your use of the Services; (c) your violation of the rights of any third party; (d) the actual or alleged infringement of any third party proprietary or intellectual property right arising out of the duplication, sale, distribution, or use of the Services, or (e) any liability arising from Your use of the Services including any User-Generated Content You create.
COMHLATECH LIMITED reserves the right to restrict, suspend or terminate your use of and registration on any of its websites at any time for any reason in its sole discretion, with or without cause, without prior notice to you and without liability or further obligation of any kind whatsoever to you or any other party. COMHLATECH LIMTED reserves the right to terminate your access to any portion of the Services and, in some cases in the sole discretion of COMHLATECH LIMITED, your membership in the Services, in the event you violate the TOU. In such case, you will not be entitled to receive a refund of any portion of the subscription fee paid by you.
You may terminate your user account, user name, member name any associated email address and access to the Services by submitting such termination request to us.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. The Copyright Law of Canada provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under Canadian copyright law
If you believe in good faith that materials displayed on COMHLATECH.ONLINE or the COMHLATECH.ONLINE Network of Sites infringe your copyright, you (or your agent) can email us at and contact@ComhlaTech.com, with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or trademark interest; (b) a description of the copyrighted work(s) or trademark(s) that you claim has been infringed; (c) a description of where the material that you claim is infringing is located on the website; (d) Your address, telephone number, and email address; (e) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or trademark owner, its agent, or the law; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that You are the copyright or trademark owner or authorized to act on the copyright or trademark owner’s behalf. Please note that you will be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that any material on our sites is infringing your copyrights.
We have a policy of terminating the accounts of repeat infringers. Each user agrees that if his or her account is terminated under this policy, the user will not attempt to establish a new account under any name, real or assumed, and further agrees that if the user violates this restriction by opening a new account after being terminated pursuant to this policy, the user shall indemnify and hold us harmless for any and all liability that we may incur therefore.
The Services are directed solely to individuals residing in the United States and Canada. We make no representation that materials provided through the Services are appropriate or available for use in other locations. Those who choose to access the services from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent applicable. We reserve the right to limit the availability of the Services to any person, geographic area, or jurisdiction we so desire, at any time and in our sole discretion, and to limit the quantities of any such Services that we provide.
The TOU, together with all COMHLATECH.ONLINE policies referred to herein, constitutes the entire agreement between you and COMHLATECH.ONLINE relating to your use of the Services and supersedes and any all prior or contemporaneous written or oral agreements on that subject between us. The TOU and the relationship between you and COMHLATECH.ONLINE are governed by and construed in accordance with the laws of the Province of Ontario, excluding (a) the application of principles of conflict of laws that otherwise might call for the application of the substantive law of another jurisdiction and (b) the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act. You and COMHLATECH LIMITED agree to submit to the personal and exclusive jurisdiction of the federal and provincial courts located within Ontario, Canada, waive any jurisdictional venue, or inconvenient forum objections to such courts and such courts shall have the sole and exclusive jurisdiction over any action, suit or other proceeding arising out of or relating to these TOU. In the event any action at law or any suit in equity shall be commenced by any party hereto for any reason, venue for such action shall lie in the District court in Ontario, Canada. And, if ComhlaTech Limited, its officers, or shareholders is found to be the prevailing party, you will be responsible for attorney’s fees and costs of the suit. If any provision of the TOU is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the TOU and shall not affect the validity and enforceability of any remaining provisions. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained in the TOU is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. We reserve the right to require you to sign a non-electronic version of the TOU.
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Questions or comments regarding this policy should be directed to contact@ComhlaTech.com. ComhlaTech Limited reserves the right to modify this policy.