The MERLIN Project web site (merlinproject.com) is offered to you
conditioned on your acceptance without modification of the terms, conditions,
and notices contained herein. Your use of the MERLIN Project web site constitutes your
agreement to all such terms, conditions, and notices.
MODIFICATION OF THESE TERMS OF USE
The MERLIN Project reserves the right to change the terms, conditions, and
notices under which the MERLIN web site is offered, including but not limited
to the charges associated with the use of the MERLIN web site. You are
responsible for regularly reviewing these terms and conditions.
PERSONAL AND NON-COMMERCIAL USE LIMITATION
Unless otherwise specified, the
MERLIN web site is for your personal and
non-commercial use. You may not modify, copy, distribute, transmit, display,
perform, reproduce, publish, license, create derivative works from, transfer,
or sell any information, products or services obtained from the MERLIN
web site.
LINKS TO THIRD PARTY SITES
The MERLIN web site may contain links to other web sites ("Linked
Sites"). The Linked Sites are not under the control of the MERLIN Project and
the MERLIN Project is not responsible for the contents of any Linked Site, including without
limitation any link contained in a Linked Site, or any changes or updates to a
Linked Site. The MERLIN Project is not responsible for webcasting or any other form
of transmission received from any Linked Site. The MERLIN Project is providing these
links to you only as a convenience, and the inclusion of any link does not
imply endorsement by The MERLIN Project of the site or any association with its
operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the
MERLIN web site, you warrant to The MERLIN Project that you will not use the
MERLIN web site for any purpose that is
unlawful or prohibited by these terms, conditions, and notices. You may not
use the MERLIN web site in any manner which could damage, disable, overburden,
or impair the MERLIN web site or interfere with any other party's use
and enjoyment of the MERLIN web site. You may not obtain or attempt to obtain
any materials or information through any means not intentionally made
available or provided for through the MERLIN web site.
MATERIALS PROVIDED TO THE MERLIN
PROJECT OR POSTED AT THE MERLIN WEB SITE
The MERLIN Project does not claim ownership of the materials you provide to
the MERLIN Project (including feedback and suggestions) or post, upload, input or submit to
the MERLIN web site or its associated services (collectively
"Submissions"). However, by posting, uploading, inputting, providing
or submitting your Submission you are granting the MERLIN Project permission to use
your Submission in connection with the operation of its Internet businesses
including, without limitation, the rights to: copy, distribute, transmit,
publicly display, publicly perform, reproduce, edit, translate and reformat
your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as
provided herein. The MERLIN Project is under no obligation to post or use any
Submission you may provide and may remove any Submission at any time in the
MERLIN Project's sole discretion.
By posting, uploading, inputting, providing or submitting your Submission
you warrant and represent that you own or otherwise control all of the rights
to your Submission as described in this section including, without limitation,
all the rights necessary for you to provide, post, upload, input or submit the
Submissions.
You understand that, except for information, products or services clearly
identified as being supplied by the MERLIN Project, the MERLIN Project does not operate, control or endorse
any information, products or services on the Internet in any way. You also
understand that the MERLIN Project cannot and does not
guarantee or warrant that files available for downloading through the Site
will be free of infection or viruses, worms, Trojan horses or other code that
manifest contaminating or destructive properties. You are responsible for
implementing sufficient procedures and checkpoints to satisfy your particular
requirements for accuracy of data input and output, and for maintaining a
means external to the Site for the reconstruction of any lost data.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE
THROUGH THE MERLIN WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS.
CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. THE MERLIN PROJECT AND/OR
ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE MERLIN
WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE MERLIN WEB SITE SHOULD NOT BE
RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD
CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR
SITUATION.
THE MERLIN PROJECT AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT
THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON
THE MERLIN WEB SITE FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY
OF ANY KIND. THE MERLIN PROJECT AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL
WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NON-INFRINGEMENT.
IN NO EVENT SHALL THE MERLIN PROJECT AND/OR ITS SUPPLIERS BE LIABLE FOR ANY
DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY
DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE,
DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR
PERFORMANCE OF THE MERLIN WEB SITE, WITH THE DELAY OR INABILITY TO USE THE
MERLIN WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE
SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED
GRAPHICS OBTAINED THROUGH THE MERLIN WEB SITE, OR OTHERWISE ARISING OUT OF THE
USE OF THE MERLIN WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE,
STRICT LIABILITY OR OTHERWISE, EVEN IF THE MERLIN PROJECT OR ANY OF ITS SUPPLIERS
HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME
STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO
YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE MERLIN WEB SITE, OR WITH
ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE
USING THE MERLIN WEB SITE.
SERVICE CONTACT:
merlinproject@gmail.com
TERMINATION / ACCESS RESTRICTION
The MERLIN Project reserves the right, in its sole discretion, to terminate your
access to the MERLIN web site and the related services or any portion thereof
at any time, without notice.
GENERAL
This agreement is governed by the laws of the State
of New Hampshire, U.S.A. You hereby consent to the exclusive jurisdiction and
venue of courts in New Hampshire, U.S.A. in all disputes arising out of or
relating to the use of the MERLIN web site. Use of the MERLIN web site is
unauthorized in any jurisdiction that does not give effect to all provisions of
these terms and conditions, including without limitation this paragraph. Any
cause of action or claim you may have must be commenced within one (1) year
after the claim or cause of action arises or such claim or cause of action is
barred. The MERLIN Project's failure to insist upon or enforce strict
performance of any provision of this Agreement shall not be construed as a
waiver of any provision or right. Neither the course of conduct between the
parties nor trade practice shall act to modify any provision of this Agreement.
The MERLIN Project may assign its rights and duties under this Agreement to any
party at any time without notice to you.
You agree that no joint venture, partnership, employment, or agency
relationship exists between you and the MERLIN Project as a result of this agreement
or use of the MERLIN web site. The MERLIN Project's performance of this agreement is
subject to existing laws and legal process, and nothing contained in this
agreement is in derogation of the MERLIN Project's right to comply with
governmental, court and law enforcement requests or requirements relating to
your use of the MERLIN web site or information provided to or gathered by
the MERLIN Project with respect to such use. If any part of this agreement is determined to
be invalid or unenforceable pursuant to applicable law including, but not
limited to, the warranty disclaimers and liability limitations set forth
above, then the invalid or unenforceable provision will be deemed superseded
by a valid, enforceable provision that most closely matches the intent of the
original provision and the remainder of the agreement shall continue in
effect. Unless otherwise specified herein, this agreement constitutes the
entire agreement between the user and the MERLIN Project with respect to the
MERLIN web site
and it supersedes all prior or contemporaneous communications and proposals,
whether electronic, oral or written, between the user and the MERLIN Project with
respect to the MERLIN web site. A printed version of this agreement and of any
notice given in electronic form shall be admissible in judicial or
administrative proceedings based upon or relating to this agreement to the
same extent and subject to the same conditions as other business documents and
records originally generated and maintained in printed form.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of the MERLIN web site is: Copyright ©
2000-2007
The MERLIN Project and/or its suppliers, PO
Box 1241, Seabrook, New Hampshire 03874
U.S.A. All rights reserved.
Any rights not expressly granted herein are reserved.
Some of the information on this web site may contain projections or other
forward-looking statements regarding future events or the future financial
performance of the MERLIN Project. We wish to caution you
that these statements are only predictions and that the actual events or results
may differ materially.
Contact the
MERLIN Project with questions or problems with this service by visiting our Web Site or
emailing
merlinproject@gmail.com.
