Legal Policies
Here’s where you’ll find our Accessibility Statement, Privacy Policy, and Terms & Conditions.
Accessibility statement
Cherry Hill Park is committed to making our website as accessible as possible to as many people as possible, including those with visual, hearing, cognitive and motor impairments. We continually assess and work to improve the accessibility of our website.
Wherever possible, our site will adhere to level AA of the Web Content Accessibility Guidelines (WCAG 2.1). Elements of our website that are designed with intent to increase accessibility include:
Synchronized captions on all videos that contain sound.
Use of structured headings, titles, descriptions, and linear format for effective scanning by screen readers.
No text within images is used to convey meaning or messages that are not repeated below the image. Where charts and maps are used, the information within is related as thoroughly as possible in alt text or in text below the image.
Text is broken into short paragraphs, with adequate line and paragraph spacing.
Use of simple fonts.
Text links to social media sites are available in addition to icon links.
Purpose of all links can be determined from link text alone.
All images have alt text added.
Colors chosen with attention to creating contrast and enabling color differentiation.
Focus outline on all pages.
Give Us Your Feedback
If you experience accessibility problems or have any suggestions for improvement, please get in touch with us via email or phone. We are committed to making all possible changes. We try to respond to feedback within 3 business days.
Email : info@cherryhillpark.com
Phone : (301) 937-7116
Cherry Hill Park’s Privacy Policy
Introduction
At Cherry Hill Park (“us”, “we”, “our” or the “Company”) we value your privacy and the importance of safeguarding your data. This Privacy Policy (“Privacy Policy”) describes our privacy practices for the activities set out below. As per your rights, we inform you of how we collect, store, access, and otherwise process information relating to individuals. In this Policy, “Personal Data” refers to any information that on its own, or in combination with other available information, can distinguish an individual.
We are committed to protecting your privacy in accordance with the highest level of privacy regulation. As such, we follow the obligations under:
Canada's Personal Information Protection and Electronic Documents Act (PIPEDA) and the applicable provincial legislations
the EU's General Protection Data Regulation (GDPR)
Brazil’s Data Protection Legislation (LGPD)
California's Consumer Protection Act (CCPA) and California Online Privacy Protection Act (CalOPPA)
Scope
This policy applies to Cherry Hill Park websites and domains.
This Policy does not apply to third-party applications, websites, products, services, or platforms that may be accessed through (non Cherry Hill Park) links that we may provide to you. These sites are owned and operated independently from us, and they have their own separate privacy and data collection practices. Any personal data that you provide to these websites will be governed by the third-party’s own privacy policy. We cannot accept liability for the actions or policies of these independent sites, and we are not responsible for the content or privacy practices of such sites.
Processing Activities
This Privacy Policy applies when you interact with us by doing any of the following:
Make use of our websites and services
Visit any of our websites that link to this Privacy Statement
Receive any communication from us including emails, calls, or texts
Data You Provide
When you make a purchase, or attempt to make a purchase, we collect personal data as part of your order information.
This data includes:
Account information such as your name, email address, and password
Payment information such as your billing address, phone number, credit card, debit card or other payment method
If you provide us, or our service providers, with any Personal Data relating to other individuals, you represent that you have the authority to do so and acknowledge that it will be used in accordance with this Privacy Statement. If you believe that your Personal Data has been provided to us improperly, or to otherwise exercise your rights relating to your Personal Data, please contact us by using the information set out in the Contact Us section below.
Device and Usage Data
When you visit a Cherry Hill Park website, we automatically collect and store information about your visit using browser cookies (files which are sent by us to your computer), or similar technology. You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. The Help Feature on most browsers will provide information on how to accept cookies, disable cookies or to notify you when receiving a new cookie. If you do not accept cookies, you may not be able to use some features of our Service and we recommend that you leave them turned on.
We also process information when you use our services and products. This information may include:
IP Address
Time stamps
Location Information
Web terms or searches that led you to the site
Individual Products you view
Data We Collect from Third Parties
We may receive your personal data from third parties such as companies subscribing to Cherry Hill Park services, partners and other sources. This information is not collected by us but by a third party and is subject to the relevant third party’s own separate privacy and data collection policies. We do not have any control or input on how your personal data is handled by third parties. As always, you have the right to review and rectify this information. If you have any questions you should first contact the relevant third party for further information about your personal data. Where that third party is unresponsive to your rights, you may contact the Data Protection Officer at Cherry Hill Park (contact details below) and we can assist you.
Our websites and services may contain links to other websites, applications and services maintained by third parties. The information practices of such other services, or of social media networks that host our branded social media pages, are governed by third parties’ privacy statements, which you should review to better understand those third parties’ privacy practices.
Purpose and Legal Basis for the Processing of Personal Data
We collect and use personal data about you with your consent to provide, maintain, and develop our products and services and understand how to improve them.
These purposes include:
To deliver your product or service
To fulfill orders including electronic and non-electronic fulfillment
Building a Safe and Secure Environment
To verify or authenticate your identity; and
Investigate and prevent security incidents such as breaches, attacks and hacks.
Providing, Developing, and Improving our Products and Services
Deliver, maintain, debug and improve our products and services.
Enable you to access Cherry Hill Park services and set up accounts.
Provide you with technical and customer support
Organize and deliver advertising and marketing
Send you newsletters and other marketing communications about current and future products, programs, and services, events, competitions, surveys and promotions held by us or hosted on our behalf; and
Organize events or register attendees and schedule meetings for events.
Where we process your personal data to provide a product or service, we do so because it is necessary to perform contractual obligations. All of the above processing is necessary in our legitimate interests to provide products and services and to maintain our relationship with you and to protect our business for example against fraud. Consent will be required to initiate services with you. New consent will be required If any changes are made to the type of data collected. Within our contract, if you fail to provide consent, some services may not be available to you.
Third Party Tools
We use third party tools, including but not limited to the following, to store your information:
Newbook
IdealPOS
Mailchimp
Sharing and Disclosure
We will share your personal data with third parties only in the ways set out in this Policy or set out at the point when the personal data is collected.
We also use Google Analytics to help us understand how our customers use the site. You can read more about how Google uses your Personal Information here:
You can also opt-out of Google Analytics here:
We may also use your Personal Information to provide you with targeted marketing via advertisements or communications (such as newsletters).
For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at:
Additionally, you can opt out of some of these services by visiting the Digital Advertising Alliance’s opt-out portal at:
http://optout.aboutads.info/
Legal Requirement
We may use or disclose your personal data in order to comply with a legal obligation, in connection with a request from a public or government authority, or in connection with court or tribunal proceedings, to prevent loss of life or injury, or to protect our rights or property. Where possible and practical to do so, we will tell you in advance of such disclosure.
Service Providers and Other Third Parties
We may use a third party service provider, independent contractors, agencies, or consultants to deliver and help us improve our products and services. Service providers may be within or located outside the EEA. We may share your personal data with marketing agencies, database service providers, backup and disaster recovery service providers, email service providers and others but only to maintain and improve our products and services. For further information on the recipients of your Personal Data, please contact us by using the information in the Contact Us section below.
Cookie Policy
What are cookies?
A cookie is a small file with information that your browser stores on your device. Information in this file is typically shared with the owner of the site in addition to potential partners and third parties to that business. The collection of this information may be used in the function of the site and/or to improve your experience.
How we use cookies
To give you the best experience possible, we use the following types of cookies:
Strictly Necessary. As a web application, we require certain necessary cookies to run our service.
Preference.
We use preference cookies to help us remember the way you like to use our service.
Analytics.
We collect analytics about the types of people who visit our site to improve our service and product.
Retention and Deletion
We will only retain your personal data for as long as necessary for the purpose for which that data was collected and to the extent required by applicable law. When we no longer need personal data, we will remove it from our systems and/or take steps to anonymize it.
Children’s Privacy
We will not knowingly collect personal data from children under the age of 16 years.
Your Rights to Your Personal Data
Depending on your geographical location and citizenship, your rights are subject to local data privacy regulations. These rights may include:
Right to Access (PIPEDA, GDPR Article 15, CCPA, LGPD) - You have the right to request a copy of the personal data we are processing about you.
Right to Rectification (PIPEDA, GDPR Article 16, LGPD) - You have the right to have incomplete or inaccurate personal data that we process about you rectified.
Right to be Forgotten (right to erasure) (GDPR Article 17, CCPA, LGPD) - You have the right to request that we delete personal data that we process about you, except we are not obliged to do so if we need to retain such data in order to comply with a legal obligation or to establish, exercise or defend legal claims.
Right to Restriction of Processing (GDPR Article 18, LGPD) - You have the right to restrict our processing of your personal data where you believe such data to be inaccurate; our processing is unlawful; or if we no longer need to process such data for a particular purpose unless we are not able to delete the data due to a legal or other obligation or because you do not wish us to delete it.
Right to Portability (PIPEDA, GDPR Article 20, LGPD) - You have the right to obtain personal data we hold about you, in a structured, electronic format, and to transmit such data to another data controller, where this is (a) personal data which you have provided to us, and (b) if we are processing that data on the basis of your consent or to perform a contract with you or the third party that subscribes to Cherry Hill Park services.
Right to Objection (GDPR Article 21, LGPD) - Where the legal justification for our processing of your personal data is our legitimate interest, you have the right to object to such processing on grounds relating to your particular situation. We will abide by your request unless we have compelling legitimate grounds for processing which override your interests and rights, or if we need to continue to process the data for the establishment, exercise or defense of a legal claim.
Right Not to Be Discriminated (CCPA) - You have the right not to be denied service or have an altered experience based on having executed any of your CCPA rights.
Withdrawing Consent
If you have consented to our processing of your personal data, you have the right to withdraw your consent at any time, free of charge, such as where you wish to unsubscribe from marketing messages that you receive from us. If you wish to withdraw your consent, please contact us using the information found at the bottom of this page.
How to Exercise Your Rights
You can make a request to exercise any of these rights in relation to your personal data by sending the request to our privacy team by using the Data Request Form.
For your own privacy and security, at our discretion, we may require you to prove your identity before providing the requested information
Changes
We may modify this Policy at any time. If we make changes to this Policy then we will post an updated version of this Policy on this website. When using our services, you will be asked to review and accept our Privacy Policy. In this manner, we may record your acceptance and notify you of any future changes to this Policy.
Complaints
If you have a complaint about this Policy or any element of your personal information that we hold then please contact us below. If you are not satisfied, then you have the right to lodge a complaint with the local data protection authority.
If you are based in the EEA, please visit this website (http://ec.europa.eu/newsroom/article29/document.cfm?action=display&doc_id=50061) for a list of local data protection authorities.
Contact Us
To request a copy for your information, unsubscribe from our email list, request for your data to be deleted, or ask a question about your data privacy, we've made the process simple:
Email us at info@cherryhillpark.com
Or write to us at:
Data Privacy Officer/Manager of Cherry Hill Park
9800 Cherry Hill Road, College Park, MD 20740
Terms & Conditions
Introduction
Our aim is to keep this Agreement as readable as possible, but in some cases for legal reasons, some of the language is required "legalese."
Your Acceptance of this Agreement
These Terms and Conditions are entered into by and between You and Cherry Hill Park, LLC, ("Company," "we," "our," or "us"). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively "Terms and Conditions"), govern your access to and use of www.cherryhillpark.com, including any content, functionality, and services offered on or through www.cherryhillpark.com (the "Website").
Please read the Terms and Conditions carefully before you start to use the Website.
By using the Website [or by clicking to accept or agree to the Terms and Conditions when this option is made available to you], you accept and agree to be bound and abide by these Terms and Conditions and our Privacy Policy, found at https://www.cherryhillpark.com/privacy-policy, incorporated herein by reference. If you do not want to agree to these Terms and Conditions, you must not access or use the Website.
BY ACCESSING AND USING THIS WEBSITE, YOU:
ACCEPT AND AGREE TO BE BOUND AND COMPLY WITH THESE Terms and Conditions;
YOU REPRESENT AND WARRANT THAT YOU ARE THE LEGAL AGE OF MAJORITY UNDER APPLICABLE LAW TO FORM A BINDING CONTRACT WITH US; AND,
YOU AGREE IF YOU ACCESS THE WEBSITE FROM A JURISDICTION WHERE IT IS NOT PERMITTED, YOU DO SO AT YOUR OWN RISK.
Updates to Terms and Conditions
We may revise and update these Terms and Conditions from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter.
Continuing to use the Website following the posting of revised Terms and Conditions means that you accept and agree to the changes. You are expected to check this page each time you access this Website so you are aware of any changes, as they are binding on you.
Your Responsibilities
You are required to ensure that all persons who access the Website are aware of this Agreement and comply with it. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete.
YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR YOUR USE OF THE WEBSITE AND YOUR COMPUTER, INTERNET AND DATA SECURITY.
Prohibited Activities
You may use the Website only for lawful purposes and in accordance with these Terms and Conditions. You agree not to use the Website:
In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the exports of data software to and from the U.S. or other countries).
For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Submission Standards set out in these Terms and Conditions.
To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other persona or entity (including, without limitation, by using email addresses associated with any of the foregoing).
To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the website, or which as determined by us, may harm the Company or users of the website, or expose them to liability.
Additionally, you agree not to:
Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real-time activities through the Website.
Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms and Conditions, without our prior written consent.
Use any device, software, or routine that interferes with the proper working of the Website.
Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempting to interfere with the proper working of the Website.
Intellectual Property Rights
The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms and Conditions permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:
Your computer may temporarily store copies of such material in RAM incidental to your accessing and viewing those materials.
You may store files that are automatically cached by your Web browser for display enhancement purposes.
You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution.
You must not:
Modify copies of any materials from this site.
Delete or alter any of the copyright, trademark, or other proprietary rights notices from copies of materials from this site.
You must not access or use for any commercial purposes any part of the website or any services or materials available through the Website.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms and Conditions, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws.
Our Rights
We have the right, without provision of notice to:
Take appropriate legal action, including, without limitation, referral to or cooperation with law enforcement or regulatory authorities, or notifying the harmed party of any illegal or unauthorized use of the Website; and
Terminate or suspend your access to all or part of the Website for any or no reason, including, without limitation, any violation of these Terms and Conditions.
YOU WAIVE AND HOLD HARMLESS COMPANY AND ITS PARENT, SUBSIDIARIES, AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, AND SUCCESSORS FROM ANY AND ALL CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY AND ANY OF THE FOREGOING PARTIES RELATING TO ANY, INVESTIGATIONS BY EITHER THE COMPANY OR BY LAW ENFORCEMENT AUTHORITIES.
3rd Party Links and Content
For your convenience, this Website may provide links or pointers to third-party sites or third-party content. We make no representations about any other websites or third-party content that may be accessed from this Website. If you choose to access any such sites, you do so at your own risk. We have no control over the third-party content or any such third-party sites and accept no responsibility for such sites or for any loss or damage that may arise from your use of them. You are subject to any terms and conditions of such third-party sites.
Online Orders
All orders, purchases or transactions for the sales of goods, digital products, or information made using this Website are subject to the following additional terms and conditions of sale:
You may not order or obtain goods, digital products or information from this Website if you: (i) are prohibited from accessing or using this Website or any of this Website's contents, goods, digital products or information by applicable law or (ii) you are outside the geographic region where the goods, digital products or information are available for purchase;
You agree that your order is an offer to buy, under these Terms and Conditions, all goods, digital products, or information listed in your order. All orders must be accepted by us or we will not be obligated to sell such goods, digital products or information to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered; and
All prices, discounts, and promotions posted on this Website are subject to change without notice. The price and currency charged for a goods, digital products or information will be the price and currency advertised on this Website at the time the order is placed, subject to the terms of any promotions or discounts that may be applicable. The price and currency charged will be clearly stated in the shopping cart before you confirm your purchase. Price increases will only apply to orders placed after the time of the increase. Posted prices may not include taxes or charges for shipping and handling. All such taxes and charges will be added to your total pricing and will be itemized in your shopping cart and in your order confirmation email. We strive to display accurate price information; however, we may, on occasion, make inadvertent typographical errors, inaccuracies, or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
b) Where an order indicates a license is being purchased:
All uses on this Website of the terms "sell", "sale", "resell", "resale", "purchase", "price", and the like mean the purchase or sale of a license;
You will comply with all terms and conditions of the applicable license Terms and Conditions for any goods, digital products or information you obtain through this Website, and you will not cause, induce, or permit others' non-compliance with the terms and conditions of any of license Terms and Conditionss for the goods, digital products or information; and
Except for the limited license granted under the relevant license Terms and Conditions, nothing in these Terms and Conditions grants any right, title, or interest in or to (including any license under) any intellectual property rights in or relating to, the good, digital product or information, whether expressly, by implication, estoppel, or otherwise. All right, title, and interest in and to the good, digital product or information are and will remain with Company or its licensors, as applicable.
c) Shipments, delivery, and pick-up:
We will arrange for shipment, delivery or pick-up of goods to you as detailed in the online order page. Please check the individual product or order page for specific delivery or pick-up options. You will pay all shipping and handling charges unless otherwise specified in the order confirmation.
Title and risk of loss pass to you upon our transfer of the products to the carrier/delivery. Shipping and delivery dates/times are estimates only and cannot be guaranteed. We are not liable for any delays in shipping.
Payment and fees
You may be required to purchase or pay a fee to access our services. We accept all purchases. However, Company does not guarantee the availability of any payment method at any moment and Company may add, remove or suspend any payment method temporarily or permanently at Company's sole discretion. You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Website and to promptly update account and payment information, including email address, payment method, and payment card expiration date, in order to complete your purchases and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in the currency advertised on the website.
You agree to pay all charges or fees at the prices then in effect for your purchases, and you authorize us to charge your chosen payment provider for any such amounts upon making your purchase.
If your purchase is subject to recurring charges, you must keep a valid payment method on file with Company to pay for all incurred and recurring fees. Company will charge applicable fees to any valid payment method that you have provided and you will be invoiced automatically as outlined in the order. You authorize such payment of recurring fees without requiring your prior approval for each recurring charge, until you notify us of your cancellation, or the Company terminates in writing in accordance with these Terms and Conditions, or until the recurring contract ends, and any and all outstanding fees and charges have been paid in full.
We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. We also reserve the right to refuse any order placed through the Website.
Cancellation
Cancellations are handled according to the Cherry Hill Park Cancellation Policy, found at www.cherryhillpark.com/policies-page/#cancellation-policy.
Disclaimers, Liabilities, and Indemnification
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY GOODS, DIGITAL PRODUCTS, SERVICES, INFORMATION OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY GOODS, SERVICES, DIGITAL PRODUCTS, INFORMATION OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
YOU ACKNOWLEDGE AND AGREE THAT COMPANY OR ITS RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS MAKE NO WARRANTY, REPRESENTATION, OR ENDORSEMENT WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY, OR AVAILABILITY OF THE WEBSITE OR ITS CONTENTS OR THAT ANY GOODS, SERVICES, DIGITAL PRODUCTS, INFORMATION OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE OR CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR DESTRUCTIVE CODE.
How We Limit Our Liability to You
EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, IN NO EVENT SHALL THE COMPANY NOR ITS RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS BE LIABLE UNDER THESE Terms and Conditions TO YOU OR ANY THIRD-PARTY FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING ANY DAMAGES FOR BUSINESS INTERRUPTION, LOSS OF USE, DATA, REVENUE OR PROFIT, COST OF CAPITAL, LOSS OF BUSINESS OPPORTUNITY, LOSS OF GOODWILL, WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), ANY OTHER THEORY OF LIABILITY, OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT THE COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Indemnification
To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Company, its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your breach of these Terms and Conditions or your use of the Website including, but not limited to, third-party sites and content, any use of the Website's content and services other than as expressly authorized in these Terms and Conditions or any use of any goods, digital products and information purchased from this Website.
Privacy Policy
Your provision of personal information through the Website is governed by our privacy policy located at https://www.cherryhillpark.com/legal-policies (the "Privacy Policy").
Governing Law
The Website and these Terms and Conditions will be governed by and construed in accordance with the laws of the State of Maryland and any applicable federal laws applicable therein, without giving effect to any choice or conflict of law provision, principle, or rule and notwithstanding your domicile, residence, or physical location. Any action or proceeding arising out of or relating to this Website and/or under these Terms and Conditions will be instituted in the courts of the State of Maryland, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.
If you are a citizen of any European Union country or Switzerland, Norway, or Iceland, the governing law and forum shall be the laws and place of your usual place of residence.
The parties agree that the United Nations Convention on Contracts for the International Sale of Goods will not govern these Terms and Conditions or the rights and obligations of the parties under these Terms and Conditions.
Severability
If any provision of these Terms and Conditions is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of these Terms and Conditions will continue in full force and effect.
Entire Terms and Conditions
These Terms and Conditions constitute the entire and only Terms and Conditions between the parties in relation to its subject matter and replaces and extinguishes all prior or simultaneous Terms and Conditions, undertakings, arrangements, understandings or statements of any nature made by the parties or any of them whether oral or written (and, if written, whether or not in draft form) with respect to such subject matter. Each of the parties acknowledges that they are not relying on any statements, warranties or representations given or made by any of them in relation to the subject matter of these Terms and Conditions, save those expressly set out in these Terms and Conditions, and that they shall have no rights or remedies with respect to such subject matter otherwise than under these Terms and Conditions save to the extent that they arise out of the fraud or fraudulent misrepresentation of another party. No variation of these Terms and Conditions shall be effective unless it is in writing and signed by or on behalf of Company.
Waiver
No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder.
Notice
We may provide any notice to you under these Terms and Conditions by: (i) sending a message to the email address you provide to us and consent to us using; or (ii) by posting to the Website. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
To give us notice under these Terms and Conditions, you must contact us as follows: (i) by personal delivery, overnight courier or registered or certified mail to Cherry Hill Park, 9800 Cherry Hill Road, College Park, MD 20740. We may update the address for notices to us by posting a notice on this Website. Notices provided by personal delivery will be effective immediately once personally received by an authorized representative of Company. Notices provided by overnight courier or registered or certified mail will be effective once received and where confirmation has been provided to evidence the receipt of the notice.