1. User’s Acknowledgment and Acceptance of Terms
4. Third Party Sites and InformationThis site may link you to other sites on the Internet or otherwise include references to products, services, documents or information provided by other parties. These other sites and parties are not under our control, and you acknowledge that we are not responsible for the accuracy, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the site or party by us or our Affiliates, or any warranty of any kind, either express or implied.Creating or maintaining any link from another website to any page of this site without our prior written permission is prohibited. Running or displaying this site or any material displayed on this site in frames or through similar means on another website without our prior written permission is prohibited. Any permitted links to this site must comply with all applicable laws, rules, and regulations.
9. Limitation of LiabilityIN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE.FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND SERVICES OFFERED THROUGH THIS SITE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS.SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
10. IndemnificationBy accessing this site, you hereby agree to defend, indemnify, and hold us and our Affiliates harmless from all liabilities, claims, and expenses, including attorneys’ fees that arise from your use or misuse of this site. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you will cooperate with us in asserting any available defenses.
11. Security and PasswordIf you have received a password and an account, you are solely responsible for maintaining the confidentiality of your password and account. Furthermore, you accept responsibility for all actions, statement, and conduct that derive from your account. Therefore, you must take steps to ensure that others do not gain access to your password and account. Our personnel will never ask you for your password. You may not transfer or share your account with anyone, and we reserve the right to immediately terminate your account if you do transfer or share your account.
12. Participation in PromotionsThis site may include advertisements or promotions offered by third parties (the “advertiser”). Any correspondence, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such advertisements or promotions are solely between you and the advertiser. We assume no liability, obligation or responsibility any such correspondence or promotion, including the results thereof.
13. E-mail, Messaging, Blogging, and Chat ServicesWe may make email, messaging, blogging, or chat services (collectively, “Communications”) available to users of our site, either directly or through a third-party provider. Pursuant to providing Communications, we may include separate supplemental agreements characterizing the relationship between you and us or third parties that, except where expressly noted or contradictory, include these Terms.We may employ automated monitoring devices or techniques to protect our users from mass unsolicited communications (also known as “spam“) and/or other types of electronic communications that we deem inconsistent with our business purposes. However, such devices or techniques are not perfect, and we will not be responsible for any legitimate communication that is blocked, or for any unsolicited communication that is not blocked.Mailboxes may have a limited storage capacity. If you exceed the maximum permitted storage space, we may employ automated devices that delete or block email messages that exceed the limit. We will not be responsible for such deleted or blocked messages.
14. International UseAlthough this site may be accessible worldwide, we make no representation that materials on this site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with this site is void where prohibited.
16. Governing LawThis site (excluding any linked sites) is controlled by us from our offices within the Maryland, United States of America. It can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of Maryland, by accessing this site both of us agree that the statutes and laws of the State of Maryland, without regard to the conflicts of laws principles thereof and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this site and the purchase of products and services available through this site. Each of us agrees and hereby submits to the exclusive personal jurisdiction and venue any court of competent jurisdiction within the State of Maryland with respect to such matters.
17. NoticesAll notices to a party shall be in writing and shall be made either via email or conventional mail. Notices to us must be sent to the attention of Customer Service at firstname.lastname@example.org, if by email, or at The Magruder Project, 10624 Eastwood Ave, Silver Spring, MD 20901 if by conventional mail. Notices to you may be sent to the address supplied by you as part of your Registration Data. In addition, we may broadcast notices or messages through the site to inform you of changes to the site or other matters of importance, and such broadcasts shall constitute notice to you at the time of sending.