The Web pages available at www.newmagellan.com (the “Site”) are owned and operated by New Magellan Venture Partners, LLC, a District of Columbia limited liability company (“Company”), and are accessed by you (“User”) under the following terms and conditions:
- COMPANY RIGHT TO REMOVE CONTENT. Company reserves the right to remove any Content from the Site at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content), or for no reason at all.
- CONTENT DISCLAIMER. Company has no special relationship with or fiduciary duty to any User. Company makes no representations whatsoever concerning, and shall not be responsible or liable for, the accuracy, completeness, copyright compliance, legality, or appropriateness of material contained in or accessed through the Site. User acknowledges that the Site may contain links or references or direct Users to third party websites and agrees to the limitation on liability set forth in Section 6.
THIRD PARTY LINKS. The Site may contain links or references to third party websites. User acknowledges that the Company is not responsible for these websites, has not reviewed such websites, has no control over such websites, and is not in any way liable for Content that appears on these third party websites or for any cookies, harmful programs or technologies, or executable code that may be located on such third party websites.
COOKIES. The Company may place a cookie or other small text file on any computer from which a User accesses the Site.
PRIVACY STATEMENT. Usage of the Site and any information submitted therein is subject to the Company’s Privacy Statement. Users are advised to review the Privacy Statement on the Site. The Company shall maintain the privacy of User’s personal information in accordance with the Privacy Statement. The Company shall not be liable for the privacy of any information published by any User on the Site, including, without limitation, e-mail addresses, identification information, personal information, confidential or trade-secret information, or any Content.
ELECTRONIC COMMUNICATIONS PRIVACY ACT NOTICE (18 USC §§2701-2711): COMPANY MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITE OR ANY WEB-SITE LINKED TO THE SITE. The Company reserves the right to monitor transmissions over its network for maintenance, service quality assurance, or any other purpose permitted by the Electronic Communications Privacy Act.
WARRANTY DISCLAIMER. THE CONTENT, SITE AND ANY SOFTWARE ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
RELEASE OF COMPANY FROM USER CLAIMS. By using the Site, User releases Company, its officers, directors, employees, agents, subsidiaries, joint venturers, and other related parties from claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with the Site. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
LIMITATION OF LIABILITY. IN NO EVENT SHALL THE COMPANY BE LIABLE TO A USER OR ANY THIRD PARTY WITH RESPECT TO THE SITE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, INCLUDING WITHOUT LIMITATION LOST PROFITS OR SPECULATIVE DAMAGES.