Terms and Conditions - Advertisements, Promotions and Business Locator listings on Maryland.com and related Web Sites.
1. Maryland.com hereby represents and warrants that services shall be performed on a best efforts basis by qualified personnel in accordance with standard industry practices for the services.
2. THE WARRANTY SET FORTH IN SECTION 1 IS IN LIEU OF ALL OTHER WARRANTIES EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES OF MERCHANTABILITY. EXCEPTING THE WARRANTY SET FORTH IN SECTION 1, MARYLAND.COM HEREBY DISCLAIMS AND CUSTOMER HEREBY WAIVES ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ALL IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY.
3. Maryland.com shall not be liable to Customer for any lost profits or consequential, exemplary, incidental or punitive damages, regardless of whether Maryland.com has been advised of the possibility of such damages in advance or whether such damages are reasonably foreseeable. Notwithstanding any provision to the contrary, the liability of Maryland.com for any reason and for any cause of action whatsoever shall be limited to the amount of money received by Maryland.com pursuant to services rendered by Maryland.com.
4. Maryland.com shall be not liable to Customer for failing to perform its obligations hereunder because of circumstances reasonably beyond the control of Maryland.com. Such circumstances shall include (without limitation) any acts or omissions of any government or governmental authority, natural disaster, act of a public enemy, acts of terrorism, riot, sabotage, labor disputes, power failure, delays in transportation or deliveries of supplies or materials, acts of God, computer failure, failure of Customer to cooperate with the reasonable request of Maryland.com, breach of this Agreement, and any events reasonably beyond the control of Maryland.com.
5. Customer shall release, indemnify, defend and hold Maryland.com harmless from and against any liability, damages, costs or losses arising from or in connection with any use of Maryland.com services by Customer, or any negligent or willful act by Customer causing damages to Maryland.com. This Section 5 shall survive termination and cancellation of this Agreement.
6. Unless advised to the contrary in writing at the time of disclosure, Maryland.com shall be entitled to rely on any information provided by Customer as true and correct and Customer shall indemnify Maryland.com for any and all damages, liabilities and costs resulting from such reliance.