This web site (“Site”) is owned and operated by S. Freedman & Sons, Inc. (“Freedman”). This User Agreement (“Agreement”) contains the terms, covenants, conditions, and provisions (the “Terms and Conditions”) upon which you (also referred to herein as “User”) may access and use this Site and the information and materials found on this Site. This agreement is current as of August 1, 2003.
Terms and Conditions
Grant of License. This Agreement provides you with a personal, revocable, nonexclusive, nontransferable license to use this Site conditioned on your continued compliance with the Terms and Conditions of this Agreement. You may print and download materials and information on this Site solely for personal and noncommercial use or for internal business use, provided that copyright and other applicable notices are not removed. Notwithstanding the foregoing and except as otherwise expressly permitted herein, you may not modify, create derivatives of, copy, distribute, broadcast, transmit, reproduce, publish, license, transfer, sell, mirror, frame, “deep link,” “scrape,” data mine, or otherwise use any information or material obtained from or through this Site. Further, you may not post any content from the Site to forums, newsgroups, list serves, mailing lists, electronic bulletin boards, or other web sites, without the prior written consent of Freedman. You warrant to Freedman that you will not use this Site for any purpose that is unlawful or prohibited by these Terms and Conditions, including but not limited to attempting or actually (i) disrupting, impairing or interfering with the Site, (ii) collecting any information about other users, including passwords, accounts or other information, or (iii) systematically extracting data contained in the Site to populate databases for internal or external use.
Collection of Personal Information from Site Users. Freedman may collect and/or track (1) the home server domain names, e-mail addresses, type of computer, and type of Web browser of users, (2) the e-mail addresses of users that communicate with Freedman or the Site via e-mail, (3) information knowingly provided by the visitor/subscriber in online forms, registration forms, surveys, etc. (including name, address, e-mail and other personal profile data), and (4) aggregate and user-specific information on which pages Users access.
Use of Personal Data Collected. Freedman may use the personal data it collects for internal purposes, namely, for administering the Site, filling orders, contacting user about an order or user’s account, analyzing trends, calculating overall usage statistics, for editorial, feedback, marketing and promotional purposes, product development, and content improvement. Freedman will not disclose to third parties any individually identifying information, such as names, postal and e-mail addresses, telephone numbers, and other personal information which users voluntarily provide to Freedman, except to the extent necessary to comply with applicable laws or valid legal processes, or to protect the rights or property of Freedman, or to any successor to Freedman’s business or any acquirer of Freedman’s principal assets.
Opt-Out Right and Updating Account Information. Users may at any time opt-out of having their personal information used by Freedman for secondary purposes, or used by Freedman to send promotional correspondence to the user, by contacting Freedman via postal mail, e-mail, or telephone at the address(es) below. You also may want to contact us to update your personal information or to close your account.
Freedman’s Right to Contact User. Freedman reserves the right to contact users of the Site regarding any order placed by user via the Site, the user’s account, changes to this Agreement or any other policies or agreements relevant to web site users.
Collection of Personal Data from Children. Freedman does not knowingly solicit information from children and we do not knowingly market the Site or any goods or services to children. No one under the age of 13 should submit any personal information to Freedman or the Site.
Password Policy. Your use of certain portions of this Site requires a registration and the opening of an account. You may call us at (301) 322-6400 or apply online at
REQUEST USER ACCOUNT to open an account. As part of the registration process, you must select a username and password and provide Freedman with accurate, complete and up-to-date information. Anyone with knowledge of your password can gain access to the restricted portions of this Site and the information available to you. Accordingly, you must keep your password secret. By agreeing to these Terms and Conditions, you agree to be solely responsible for the confidentiality and use of your respective password, as well as for any communications entered through the Site using your password. You must also immediately notify Freedman if you become aware of any loss or theft of your password or any unauthorized use of your password. Freedman’s reserves the right to delete or change a password at any time and for any reason.
Notices, Communications, and Electronic Signatures. You agree to accept all communications from Freedman regarding use of the Site at the addresses you provide to Freedman. Please promptly update any changes to your information by contacting us @ firstname.lastname@example.org. Freedman is entitled to rely on the e-mail address and mail address that you last provided to us. You agree to waive all claims resulting from failure to receive communications because of changes in your e-mail or mail address.
You agree to be bound by any affirmance, assent, or agreement you transmit through the Site. You agree that, when in the future you click on an “I agree,” “I consent” or other similarly worded “button” or entry field with your mouse, keystroke or other computer devise, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.
Assumption of Risk. You use the Internet solely at your own risk and subject to all applicable local, state, national, and international laws and regulations. While Freedman has endeavored to create a secure and reliable Site, the confidentiality of any communication or material transmitted to/from this Site over the Internet cannot be guaranteed. Accordingly, Freedman and Freedman’s suppliers are not responsible for the security of any information transmitted via the Internet, the accuracy of the information contained on the Site, or for the consequences of any reliance on such information. Freedman and Freedman’s suppliers shall have no liability for interruptions or omissions in Internet, network or hosting services.
Enforcing Security. Actual or attempted unauthorized use of the Site may result in criminal and/or civil prosecution. Freedman reserves the right to view, monitor, and record activity on the Site without notice or further permission from you. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with the investigation or prosecution of possible criminal activity on the Site. Freedman will also comply with all court orders involving requests for such information.
Links to Other Sites. Freedman may provide links, in its sole discretion, to other sites on the World Wide Web for your convenience in locating related information and services. These sites have not necessarily been reviewed by Freedman and are maintained by third parties over which Freedman exercises no control. Accordingly, Freedman expressly disclaims any responsibility for the content, the accuracy of the information, and/or quality of products or services provided by or advertised on such third party web sites. Moreover, these links do not imply an endorsement of any third party or any web site or the products or services provided by any third party.
Events Beyond Freedman’s Control. You expressly absolve and release Freedman and Freedman’s suppliers from any claim of harm resulting from a cause beyond their control, including, but not limited to, the failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes or other labor problems, wars, terrorism or governmental restrictions.
DISCLAIMERS. WHILE FREEDMAN ENDEAVORS TO PROVIDE ACCURATE AND TIMELY INFORMATION, THE INFORMATION AVAILABLE ON THIS SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. MOREOVER, FREEDMAN MAY MAKE MODIFICATIONS AND/OR CHANGES IN THIS SITE OR IN THE INFORMATION AVAILABLE ON THIS SITE AT ANY TIME, FOR ANY REASON.
YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. FREEDMAN MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, COMPLETENESS, TIMELINESS, RELIABILITY, LEGALITY IN YOUR JURISDICTION, OR ACCURACY OF THE INFORMATION AVAILABLE ON THIS SITE FOR ANY PURPOSE. SUCH INFORMATION IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
IN NO EVENT SHALL FREEDMAN BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE, ANY DELAY OR INABILITY TO USE THIS SITE, ANY DELAY OR INABILITY TO ACCESS YOUR ACCOUNT, UNAUTHORIZED USE OR MISUSE OF YOUR ACCOUNT, ANY INFORMATION AVAILABLE ON THIS SITE, OR OTHERWISE ARISING OUT OF THE UTILIZATION OF THIS SITE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF FREEDMAN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY. FREEDMAN’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO YOUR USE OF THIS SITE SHALL NOT EXCEED $50.00. WITH RESPECT TO ORDERS MADE THROUGH OUR SITE, ALL SUCH PURCHASES ARE SUBJECT TO OUR TERMS OF SALE.
Indemnity. You agree to defend, indemnify, and hold harmless Freedman and its suppliers and all of their employees, agents, directors, officers, proprietors, partners, representatives, shareholders, servants, attorneys, predecessors, successors, and assigns, from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees and litigation expenses), relating to or arising from your use of the Site or any breach by you of this Agreement. You agree to cooperate as fully as reasonably required in Freedman’s defense of any claim. Freedman reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Freedman.
Submissions. Freedman welcomes your feedback and suggestions about how to improve this Site. Any ideas, suggestions, information, know-how, material, or any other content (collectively, “Submissions”) received through this Site, however, will be deemed to include a royalty-free, perpetual, irrevocable, nonexclusive right and license for Freedman to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, display, (in whole or part) worldwide, or act on such Submissions without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such Submissions. You hereby waive any claim to the contrary.
Governing Law. This Agreement has been made in, and will be construed and enforced in accordance with the laws of the State of Maryland, as applied to agreements entered into and completely performed in Maryland. Any action to enforce this Agreement will be brought in the federal or state courts presiding in the State of Maryland, and all parties to this Agreement expressly agree to be subject to the jurisdiction of such courts. This Site is controlled and operated by Freedman from its offices within the United States. Freedman makes no representation that materials in the Site are appropriate or available for use in any particular locations, and access to them from territories where any of the contents of this Site are illegal is prohibited. If you choose to access this Site from such locations, you do so on your own volition and are responsible for compliance with any applicable local laws.
Term, Termination, Amendments. This Agreement will take effect at the time you commence use of this Site (or otherwise indicate acceptance of these Terms and Conditions). Freedman reserves the right at any time and for any reason to deny you access to the Site or any portion thereof, and to terminate this Agreement. Termination will be effective without notice. Please note that Freedman reserves the right to change the Terms and Conditions under which this Site and its many offerings are extended to you, upon notice, which may be given by Freedman posting such modifications on the Site, by e-mail, or any other reasonable way. Your continued use of this Site following notice of such modifications will be conclusively deemed acceptance of any changes to these Terms and Conditions. You agree that notice of changes to this Agreement on the Site, delivered by email, or provided in any other reasonable way constitutes reasonable and sufficient notice.
Waiver. Failure to insist on strict performance of any of the Terms and Conditions of this Agreement will not operate as a waiver of any subsequent default or failure of performance. No waiver by Freedman of any right under these Terms and Conditions will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time.
Nature of Relationship / Severability. No joint venture, partnership, employment, or agency relationship exists between you and Freedman as a result of this Agreement or your utilization of this Site. If any provision of this Agreement is held unenforceable by a court or tribunal of competent jurisdiction, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect.
Entire Agreement/Reservation of Rights. Your rights to access and use certain material available on or through the Site or to purchase products described or made available on or through this Site may be subject to separate written agreements with Freedman, including but not limited to, the Credit Application and Agreement (“Other Agreements”). With the exception of any Other Agreements, these Terms and Conditions represent the entire agreement between you and Freedman with respect to your use of and material available on or through this Site, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between you and Freedman with respect to this Site. Any rights not expressly granted herein are reserved. In the event of a conflict between this Agreement and one or more Other Agreements, the terms of such Other Agreement(s) shall govern and control.
Survival. You agree that Sections 3(b), 7, 10-13 and 15-18 shall survive any termination of your rights of access to the materials identified above.
Acknowledgement. You hereby acknowledge that you are duly authorized to use this site in its entirety and without restriction, and that you have read this Agreement, understand it and agree to be bound by its terms and conditions, and that this Agreement may be executed by electronic signature, including (without limitation) by clicking “I AGREE” or some similar manifestation of assent.