TERMS AND CONDITIONS OF USE
USE OF WEBSITE
This website is provided by The Birchmere Group, LLC and may be used for informational purposes only, unless otherwise expressly provided. By using the site or downloading materials from the site, you agree to abide by the terms and conditions set forth in this notice. If you do not agree to abide by these terms and conditions, do not use the site or download materials from the site.
You may not use this website to commit, or in connection with committing, any violations of federal, state, local, or international laws, regulations, or other governmental requirements. We reserve the right to report any activity that may violate any law or regulation to appropriate law enforcement officials, regulators or other third parties, and we may do so without prior notice to you.
You are prohibited from violating, or attempting to violate, the security of the website. Any such violations may result in criminal and civil liabilities to you. Examples of prohibited security violations include, but are not limited to: (a) logging into a server or account that you are not authorized to access; (b) accessing data or taking any action to obtain services not intended for you or your use; (c) attempting to probe, scan, or test the vulnerability of any system, subsystem or network related to the website or to any Birchmere Group computer or computer system; (d) tampering, hacking, modifying or otherwise corrupting or breaching security or authentication measures; (e) transmitting material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines with the intent or effect of damaging, destroying, disrupting or otherwise impairing a computer’s functionality or the operation of the website; (f) interfering with, intercepting or expropriating any system, data or information; and (g) interfering with service to any user, host, or network including, but not limited to, by means of overloading, “flooding,” “mailbombing,” or “crashing” any system, subsystem or network related to the website or otherwise.
All content included on this website, such as text, graphics, logos, button icons, images, photographs, audio clips, digital downloads, data compilations, and software, is the property of The Birchmere Group, LLC or its content suppliers and is protected by United States and international copyright laws. Any person using this website is authorized to copy, print, or distribute such contents only as follows:
Users may print out individual pages but cannot copy or download a large portion of the website (e.g., no bots, webcrawlers, spiders, etc. that “harvest” the website). Users may download, print, distribute and use pages from the website only for informational, non-commercial purposes.
Any copies of such documents or pages must not alter the original website content and must include the The Birchmere Group, LLC copyright notice: “Copyright 2019 The Birchmere Group, LLC All Rights Reserved.” The Birchmere Group, LLC reserves the right to terminate the above authorization at any time in its sole discretion. No one may frame this website or any portion thereof. Linking to this website that does not otherwise infringe upon The Birchmere Group, LLC’s trademark interests is permitted, provided that the link does not falsely imply or suggest that The Birchmere Group, LLC has endorsed or is affiliated with the linked website.
Except as expressly provided above, you may not otherwise copy, display, download, distribute, modify, reproduce, republish or retransmit or create derivative works based upon any information, content or materials contained in this website or any medium (including electronic or hard copy), without the express prior written consent of The Birchmere Group, LLC. Nothing contained on this website shall be construed as conferring by implication, estoppel or otherwise any license or right under any intellectual property right of The Birchmere Group, LLC, or any third party, except as expressly provided above.
The trademarks, service marks and logos of The Birchmere Group, LLC and its affiliates used and displayed on our website are our registered and unregistered trademarks. Requests to use trademarks owned by other companies which may be mentioned on this website should be directed to such other companies. We actively and vigorously enforce our intellectual property rights. Our trademarks, service marks and logos may not be used in any way, including in advertising or publicity pertaining to distribution of materials on our website, without our prior written permission.
THIRD PARTY WEBSITES AND LINKS
This website may contain links or references to other websites maintained by third parties over which The Birchmere Group, LLC has no control. In addition, this website may contain third party content. Such links, references or content are provided merely as a convenience. Similarly, this website may be accessed from third party links over which The Birchmere Group, LLC has no control. The Birchmere Group, LLC makes no warranties or representations of any kind as to the accuracy, currency, or completeness of any information contained in third party websites or content provided by third parties and shall have no liability for any damages or injuries of any kind arising from such content or information, including direct, incidental, consequential, indirect or punitive damages. Inclusion of any third party link does not imply an endorsement, adoption or recommendation by The Birchmere Group, LLC If you decide to access any of the third party websites linked to this website, you do so entirely at your own risk.
COMMUNICATIONS WITH THE COMPANY OR ITS AFFILIATES
This website has features that enable you to communicate with representatives of The Birchmere Group, LLC (including members of its board of directors), its affiliates and representatives of such affiliates. Use of these features to communicate with any of the foregoing shall not be deemed to create a business, fiduciary or other form of relationship between you and the recipient.
All submissions, documents, materials, postings, comments, remarks, suggestions, ideas, graphics, or other information communicated from users to The Birchmere Group, LLC to this website will forever be the property and intellectual property of The Birchmere Group, LLC, and The Birchmere Group, LLC will not be required to treat any such submission as confidential, unless otherwise expressly provided. Further, The Birchmere Group, LLC will be entitled to use any such submission for any purpose whatsoever, commercial or otherwise, without compensation to you or anyone else.
The Birchmere Group, LLC reserves the right, at its sole discretion, to supplement or modify these Terms and Conditions in whole or in part, at any time. Any such supplement or modification will become effective when it is posted on the website. Your continued use of the website after any supplements or modifications to these Terms and Conditions are posted will be considered acceptance thereof.
The Birchmere Group, LLC may terminate, change, suspend or discontinue any aspect of the website, including the availability of any features of the website, at any time. The Birchmere Group, LLC may also impose limits on certain features and services or restrict your access to parts or the entire website without notice or liability.
You agree to indemnify, defend and hold harmless The Birchmere Group, LLC, its affiliates, officers, directors, employees, agents, suppliers and third party partners from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees and expenses, resulting or arising from, or incurred in connection with, any violations by you of these Terms and Conditions.
LIMITATIONS OF LIABILITY
The Birchmere Group, LLC and its affiliates will not be liable for any damages or injury, including, but not limited to, direct, indirect, incidental, consequential damages or punitive damages, that result from the use of (or the inability to use) this website and its contents, or a website linked to this website, including any damages or injury caused by any failure of performance, error, omission, interruption, defect, delay in operation, computer virus, line failure, or other computer malfunction.
The material in this website may include technical inaccuracies or typographical errors. The Birchmere Group, LLC may make changes at any time.
THIS WEBSITE IS PROVIDED BY THE BIRCHMERE GROUP, LLC ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE BIRCHMERE GROUP, LLC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION INCLUDED ON THIS WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. THE BIRCHMERE GROUP, LLC DOES NOT WARRANT THAT THE INFORMATION IN THIS WEBSITE IS ACCURATE, COMPLETE, CURRENT, RELIABLE OR CORRECT, THAT THIS WEBSITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, OR THAT THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
COMPLIANCE WITH LOCAL LAWS
This website is controlled and administered by The Birchmere Group, LLC from its offices within the United States, and this website and its contents are intended to comply with applicable laws and regulations in the United States. Although the information on this website is accessible to users outside of the United States, The Birchmere Group, LLC makes no representation that the content of this website complies with laws and regulations of any jurisdiction outside of the United States or that such content is appropriate or available for use in any such jurisdiction. Access to any content on this website from locations where such content is illegal is prohibited.
If you choose to access this site from locations outside of the United States, you are responsible for compliance with any applicable local laws and regulations. You may not use or export any of the information on this website in violation of U.S. export laws and regulations.
No waiver by The Birchmere Group, LLC of any right under or term or provision of these Terms and Conditions will be deemed a waiver of any other right, term, or provision of these Terms and Conditions.
These Terms and Conditions shall be governed by, and construed in accordance with, the laws of the State of Maryland. Any legal suit, action or proceeding based on or arising out of the use of this website shall be brought exclusively in any U.S. federal or Maryland State court in Annapolis, Maryland.
INTEGRATION AND SEVERABILITY
If any provision of these Terms and Conditions is deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and Conditions and will not affect the validity and enforceability of the remaining provisions. The preceding Terms and Conditions of use represent the entire agreement between The Birchmere Group, LLC and the user relating to the subject matter herein.