Terms of Service

Use of this Website is subject to the Terms of Use detailed herein, which may be modified from time to time by Lerner Corporation ("Lerner") without notice. The current version of the Terms of Use may be found on the Website. By accessing, using or posting anything on or to this Website, you agree to use the Website in accordance with all applicable laws and regulations, and in accordance with the Terms of Use outlined herein. IF YOU DO NOT AGREE TO ANY OF THE TERMS OUTLINED BELOW, DO NOT USE THIS WEBSITE IN ANY MATTER. PLEASE READ THE FOLLOWING TERMS OF USE AND DISCLAIMERS CAREFULLY BEFORE USING THIS WEB SITE.

USER REPRESENTATIONS AND WARRANTIES:

By using this Website, you are representing to Lerner that you have read and understood these Terms of Use, that you have the power and authority to accept and agree to these Terms of Use, that you are capable of assuming, and do assume, any risks related to the use of this Website and its content, and that you understand and accept the terms, conditions and risks relating to your use. You may not use this Website or accept these Terms of Use if you are not of a legal age or capacity to form a binding contract.

ACCURACY AND COMPLETENESS OF INFORMATION:

 While Lerner uses reasonable efforts to ensure that the information contained in this Website is accurate and reliable, Lerner makes no warranties or representations as to the accuracy, correctness, reliability or otherwise with respect to such information, and assumes no liability or responsibility for any omissions or errors in the content of this Website. It is your responsibility to verify any information before relying on it.

MODIFICATION OF WEBSITE:

Lerner will periodically revise the information, services and resources contained in this Website (in its sole and absolute discretion), and reserves the right to make such changes without any obligation to notify past, current or prospective visitors. Lerner encourages you to visit this Website frequently to stay informed.

YOUR USE OF THE WEBSITE / INTELLECTUAL PROPERTY:

All content on this Website, but not limited to, text, graphics, icons, images, headers, illustrations, audio clips, digital impressions, downloads, data compilations, video clips, social media feeds, and other creative illustrations are the sole property of Lerner. You may download content for non-commercial, personal use only, provided copyright, trademark or other proprietary notices remain unchanged and visible. No right, title or interest in any downloaded materials is transferred to you or to any user as a result of any such downloading or copying. You agree that you will not otherwise copy, modify, alter, display, distribute, sell, broadcast or transmit any material on the Website in any manner without the prior written permission of Lerner, which it may grant or withhold in its sole and absolute discretion. You shall be solely liable for any damages resulting from any infringement of any copyright, trademark or other proprietary right, and for any and all harm resulting from your use of the Website.

NO UNLAWFUL OR PROHIBITED USE:

As a condition of your use of the Website, you will not use the Website for any purpose that is unlawful or prohibited by these Terms of Use. You will not in connection with your use of this Website: (a) violate any applicable local, state, national or international law, statute, ordinance, rule or regulation; (b) interfere with or disrupt the computer networks of Lerner or attempt to do so; (c) upload, post, transmit, publish, or distribute any material that infringes, violates, breaches or otherwise contravenes the rights of Lerner; or (d) upload, post, transmit, publish or distribute any material or information that constitutes or encourages conduct that would constitute a criminal offense, give rise to other liability, or otherwise violate applicable law. You acknowledge that Lerner is free to consider any user content on the Website as objectionable or inappropriate in its sole determination and without any notice or explanation. Lerner reserves the right to prohibit you from using the Website at any time for any reason, including without limitation for your breach of any of these Terms of Use.

UNSOLICITED SUBMISSIONS:

Lerner does not accept or consider any creative ideas, suggestions or materials from the public ("Submissions"); therefore, you should not make any Submissions to Lerner. If you do send us a Submission, despite our request not to do so, then such Submission will be considered non-confidential and non-proprietary and shall immediately become the property of Lerner. Lerner shall exclusively now and hereinafter own all rights, title and interest therein. Lerner will be free to use any Submissions for any purpose whatsoever. You acknowledge and agree that you have no expectation of review, compensation or consideration from any and all exploitations by Lerner of your Submissions. To the extent that any moral rights or ancillary rights are involved, you agree not to enforce any such rights against Lerner.

TERMINATION.

Lerner may terminate your access to or use of this Website for any reason, including without limitation, if Lerner believes that you have violated or acted inconsistently with these Terms. All of your warranties and indemnifications survive termination of this agreement and any termination does not limit Lerner’s right to relief in law or equity. Lerner’s failure to act in any particular circumstance, including a failure to enforce the terms of this agreement, does not waive the ability to act with respect to that or similar circumstances and shall not constitute a breach of this agreement.

PRIVACY POLICY:

Lerner's use of any personal data you submit on the Website is governed by the Website's Privacy Policy, which is posted elsewhere on the Website. Please review the Privacy Policy to understand our practices.

DISCLAIMERS; Limitation of Liability:

THIS WEBSITE, INCLUDING ALL INFORMATION CONTAINED THEREON, IS PROVIDED STRICTLY AS-IS. ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF TITLE, AND WARRANTY OF NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE). LERNER DISCLAIMS ALL LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OBTAINED FROM THIS WEBSITE, INCLUDING BUT NOT LIMITED TO: (1) ANY BUGS, ERRORS, PROBLEMS, OMISSIONS, INACCURACIES OR OTHER LIMITATIONS IN THE INFORMATION AVAILABLE THROUGH THE WEBSITE; (2) ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS OR LOSS OF SAVINGS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; (3) ANY ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LERNER DIRECTLY OR INDIRECTLY THROUGH THE WEBSITE (OR THROUGH CONTACT WITH ANY EMPLOYEE OR AGENT OF LERNER WHOSE IDENTITY YOU ASCERTAINED THROUGH THE USE OF THE WEBSITE), WHICH SHALL NOT CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE WITH RESPECT THERETO; (4) ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN ANY ELECTRONIC FILE CONTAINING ANY FORM OR DOCUMENT FROM THE WEBSITE; (5) ANY THIRD PARTY WEBSITES OR CONTENT DIRECTLY OR INDIRECTLY ACCESSED THROUGH THE WEBSITE OR THROUGH LINKS ON THE WEBSITE; (6) THE UNAVAILABILITY OF THE WEBSITE OR ANY PORTION THEREOF; (7) YOUR USE OF THE WEBSITE; OR (8) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION OR CONCERT WITH THE WEBSITE. BY USING THE WEBSITE, YOU EXPRESSLY AGREE THAT IN NO EVENT AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL LERNER BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF ANY USE OF THE WEBSITE OR THE INFORMATION CONTAINED THEREIN, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION.

INDEMNIFICATION:

By using the Website, you agree to defend, indemnify and hold Lerner harmless from and against all liabilities, fines, claims, damages, actions, costs, causes of action, liabilities and expenses of any kind or nature, including attorneys’ fees, in way related to (i) your use of this Website or any electronic/digital communication, (ii) your breach of these Terms of Use, (iii) your access to or use of any websites linked to this Website, or (iv) any dealings between you and any third parties relating to this Website. All of your indemnification obligations, releases, and warranties under these Terms of Use shall stand even if Lerner is made aware of the possibility of damage before such damage occurs.

COPYRIGHT NOTICE:

Unless otherwise noted, the graphic images, buttons and text contained in this Website are the exclusive property of Lerner, its agents, vendors, subsidiaries, or affiliates. Except for non-commercial personal use, these items may not be copied, distributed, displayed, reproduced, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise without prior written permission of Lerner, which may be granted or withheld in its sole and absolute discretion. TRADEMARKS: This Website features logos, brand identities and other trademarks and service marks (collectively, the "Marks" and each individually a “Mark”) that are the property of, or are licensed to Lerner and its affiliates. Nothing contained on this Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Mark displayed on this Website without prior written permission of Lerner or any such third party that may own a Mark displayed on the Website, which permission may be granted or withheld in the Mark owner's sole and absolute discretion.

LINKS TO THIRD PARTY WEBSITES:

As a convenience to users, this Website may link to other websites owned and operated by third parties and not maintained by Lerner. Lerner has no control over these linked websites, all of which have separate privacy and data collection practices, terms of use, and legal policies independent of Lerner. Lerner is not responsible for the content of any linked websites and does not make any representations regarding the content or accuracy of material on such websites. Viewing such third party websites is entirely at your own risk.

JURISDICTION:

This Website is maintained and operated by Lerner. Lerner's primary offices are in the State of Maryland, United States of America. These Terms of Use are governed and interpreted under the laws of the State of Maryland, United States of America. By using this Website you consent to the jurisdiction and venue of the courts located in the State of Maryland for any action arising out of these Terms of Use. Any cause of action or claim you may have with respect to the Website must be commenced within the lesser of the applicable statute of limitations period, or one (1) year after the claim or cause of action arises. Unless otherwise specified herein, these Terms of Use constitute the entire agreement between you and Lerner with respect to the Website and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and Lerner with respect to the Website. If any portion of these Terms of Use is deemed unlawful, void or unenforceable, then that part shall be deemed severable and shall be construed in accordance with applicable law. Such a term will not affect the validity and enforceability of any remaining provisions herein. The failure of Lerner to act with respect to a breach of these Terms of Use by you or others does not constitute a waiver and shall not limit any party's rights with respect to such breach or any subsequent breaches.

ADDITIONAL QUESTIONS:

Your questions are important to us. If you have any additional questions not answered above, please visit the "Contact Us" tab on the Website with your question.

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