Terms of Use
 

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The MERLIN Project Web Site

Terms of Use Agreement

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.

 

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