Terms of Service
This document describes the terms and conditions you are bound by if you visit our site.
This Site and all content contained herein is copyright Merlin Software All rights reserved.
The information available to users of this Site may be proprietary in nature. Some pages in this Site also contain information or material trademarked and/or copyrighted by associates and/or third parties. This material remains the property of these parties. Anyone misappropriating, copying or distributing any information or intellectual property from this Site will be prosecuted to the fullest extent of international law.
License of Use
We grant you a non-exclusive, non-transferable, limited right to access, use and display this Site and the materials herein for your personal use only, providing that you comply fully with these terms.
This license does not include any resale or commercial use of this Site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this Site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, visited, framed or otherwise exploited for any commercial purpose without our expressed written consent.
You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. You are responsible for complying with all applicable laws, rules and regulations regarding your use of any such downloaded content. In the event of any permitted copying, redistribution or publications of material from this Site, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made.
You shall not interfere or attempt to interfere with the operation of this Site in any way through any means or device including, but not limited to, hacking, uploading computer viruses or time bombs, chain letters, mass mailings, any form of "spam", or other means expressly prohibited by any provision of these terms.
If you are under the age of 18, you may only use our Site with the involvement of a parent or legal guardian.
Your member account and password are personal to you and they are not transferable. You are responsible for maintaining the confidentiality of your account and password, and for restricting access to your computer. You further agree to accept responsibility for all activities that occur under your account. Each domain may only receive a single Free Trial period. Payments and subscriptions made through 3rd parties, such as Paypal, must be initiated and cancelled by you. We cannot refund partial payments for accounts closed prior to their access period limit.
You may not use our services to send "spam" or engage in illegal, obscene, threatening, defamatory, invasion of privacy, or other activities which are injurious to third parties. We monitor all complaints submitted to your account and we will take appropriate action, including termination of your account, if necessary.
You must provide valid contact and residential information and promptly update this information should it change or should additional information be required by us to provide business services to you or if it is required by applicable law. We reserve the right to request verification of, and you agree to be subject to verification of, any of the information you provide for membership enrolment and continued use of our services.
We reserve the right to refuse service, remove or edit content, and terminate accounts in our sole discretion without compensation or refund if you do not fully comply with the terms of this agreement.
We will communicate with you electronically by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. When you visit our Site or send us e-mails, you are communicating with us electronically and you also consent to receive electronic communications and responses from us. You acknowledge that transmissions of this type are not confidential and your communications may be read or intercepted by others.
Rights to Provided Materials
We welcome your comments regarding our business services, products and Site. You may send us reviews, comments, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, or otherwise injurious to third parties.
You grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display this material throughout the world in any media.
Accuracy and Appropriateness
We attempt to be as accurate as possible however, we do not warrant that any content displayed on this Site is accurate, complete, reliable, current, or error-free. We reserve the right to correct any errors or omissions in any portion of this Site.
We do not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed on this Site. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk.
We make no representation that materials in this Site, including merchandise and services offered for sale and their copyrights, trademarks, patents, and licensing arrangements, are appropriate or available for use in locations other than Canada. Those who choose to access this Site from other locations outside of Canada do so on their own initiative and are responsible for compliance with all local laws, if and to the extent that local laws are applicable.
Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED BY LAW, CUSTOM OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WE MAKE NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE.
Limitation of Liability
TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, NEITHER WE NOR ANY OF OUR CLIENTS, MEMBERS, SUBSIDIARIES, PUBLISHERS, SERVICE PROVIDERS, LICENSORS, OFFICERS, DIRECTORS OR EMPLOYEES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF ELECTRONIC TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL OUR TOTAL CUMULATIVE LIABILITY TO ANY CLIENT OR MEMBER UNDER THIS AGREEMENT EXCEED AN AMOUNT EQUAL TO: THE TOTAL VALUE OF THE PRODUCTS RECEIVED THROUGH THE SERVICES OF OUR SITE.
Changes and Revisions
We reserve the right for any reason, in our sole discretion, to terminate, change, suspend or discontinue any aspect of this Site, including but not limited to business services and product selection. We may also impose limits on certain features and services or restrict your access to parts or the entire Site without notice or liability.
We also reserve the right, at our sole discretion, to change, modify, add or remove any portion of this Agreement, in whole or in part, at any time. Changes in these terms will be effective when posted. You agree to review these terms periodically to be aware of any changes. Your continued use of this Site after any changes to these terms and conditions of use are posted will be considered acceptance of those changes.
Other Policies and Provisions
Please review our other policies (included here by reference), that also govern your visit to our Site.
If any provision of this Agreement is found invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of this Agreement will remain in force. No failure of either party to exercise or enforce any of its rights under this Agreement will act as a waiver of such rights.