Merrick & Company - Terms and Conditions of Web Site Use

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Terms and Conditions of Web Site Use

This page contains the Terms and Conditions (referred to as ?Terms? or ?Agreement?) under which you may use this web site (the "Web Site"). Please read this page carefully. By accessing this Web Site you accept the Terms contained herein as a legal agreement between you and Merrick & Company. Merrick & Company and its subsidiaries and affiliates (?Merrick") reserve the right to modify these Terms at any time by updating this posting. You should visit this page periodically to review the Terms because they are binding on you. The Terms were last updated on November 13, 2003.

Section 1. Use of Content.

This Web Site does not constitute the practice of engineering (or the practice of any associated disciplines offered by Merrick) and no professional service or advice is given upon which you may rely. This Web Site provides only general information and should not be utilized as a substitute for obtaining professional services or advice. If engineering or other professional advice or assistance is required, the services of a professional should be sought.

Merrick authorizes you to view and download the materials on this Web Site solely for your personal, non-commercial use. All names, text, pictures, images, logos, marks and other items appearing in this Web Site, except as otherwise noted, are copyrighted by or are trademarks, service marks of, or under license to Merrick. The use or misuse of these trademarks or any other content on this Web Site, except as provided in these Terms or in the Web Site, is strictly prohibited.

You may not sell or modify the content of this Web Site or reproduce, display, publicly perform, distribute, or otherwise use the materials in any way for any public or commercial purpose without Merrick's prior express written permission. The use of this content on any other web site or in a networked computer environment for any purpose is strictly prohibited.

You may not copy or adapt the code in any programming language that Merrick creates to generate its pages or content.

Section 2. Web Site Use.

(A.) Security Rules.

Users are prohibited from violating or attempting to violate the security of the Web Site, including, without limitation: (1) accessing data not intended for such user or logging into a server or account which the user is not authorized to access, (2) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (3) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Web Site, overloading, "flooding", "mail bombing" or "crashing", or (4) sending unsolicited electronic mail, including promotions and/or advertising of products or services. Violations of system or network security may result in civil or criminal liability. Merrick investigates occurrences that may involve such violations, and cooperates with law enforcement authorities in prosecuting users involved in such violations.

(B.) General Rules

Users may not use the Web Site to transmit, distribute, store or destroy material (1) that could constitute or encourage conduct that would be considered a criminal offense or violate any applicable law or regulation, (2) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy or publicity or other personal rights of others, or (3) that is libelous, defamatory, pornographic, profane, obscene, threatening, abusive, hateful, or otherwise improper.

Section 3. Liability.

YOU ASSUME ALL RISKS AND RESPONSIBILITIES ASSOCIATED WITH THE USE OF THIS WEB SITE. The material in this Web Site may contain inaccuracies or errors. Merrick makes no representations or warranties about the accuracy, reliability, completeness, or timeliness of the Web Site or its content. The use of the Web Site is at your own risk. Changes are periodically made to the Web Site and may be made at any time, but Merrick makes no commitment to update information on this Web Site.

MERRICK DOES NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR-FREE OR THAT THIS WEB SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE WEB SITE RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, MERRICK IS NOT RESPONSIBLE FOR THOSE COSTS OR ANY RESULTING DAMAGE OR INJURY.

THE WEB SITE IS PROVIDED ON AN ?AS IS? BASIS WITHOUT ANY WARRANTIES WHATSOEVER. MERRICK, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND THIRD PARTIES RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE. MERRICK MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILTY, COMPLETENESS, OR TIMELINESS OF THE CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS, OR LINKS.

Section 4. Disclaimer of Damages.

IN NO EVENT SHALL MERRICK, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED AT THIS WEB SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGE (E.G. LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION)) RESULTING FROM THE USE OF (OR INABILITY TO USE) OR RELIANCE UPON THE WEB SITE AND THE MATERIAL, REGARDLESS OF THE LEGAL THEORY ASSERTED, WHETHER BASED ON WARRANTY, CONTRACT, TORT, STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MERRICK IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Section 5. User Submissions.

Any communication or other material you transmit to Merrick via electronic mail or otherwise is unsolicited by Merrick and is deemed non-confidential and non-proprietary. Merrick does not screen communications in advance and is not responsible for screening or monitoring material posted by users. If notified by a user of communications of matter on this Web Site which allegedly does not conform to this Agreement, Merrick may investigate the allegation and determine in its sole discretion whether to remove or request its removal. Merrick has no liability or responsibility to users for performance or nonperformance of such activities. Merrick reserves the right to expel users and prevent their further access to the Web Site for violating this Agreement or the law and the right to remove, at its sole discretion, communications which are abusive, illegal, obscene, pornographic, threatening, disruptive, or otherwise improper.

By transmitting or posting any communication or material to this Web Site, you agree that Merrick may use your communication for any purpose, including reproduction, transmission, publication, broadcast and posting.

Section 6. Links to Outside Web Sites.

This Web Site may contain links to third party web sites. These links are provided solely as a convenience to you and not as an endorsement by Merrick of the third party or of the contents on third party web sites. Merrick is not responsible for the content of linked or referenced third party sites and does not make any representations regarding the content or accuracy of content on such third party web sites. If you decide to access linked third party web sites, you do so at your own risk.

Section 7. Indemnity.

You agree to indemnify, defend, and hold harmless Merrick, it's officers, directors, employees and agents, from and against all claims, losses, liabilities, costs, damages of any nature whatsoever, including without limitation legal, accounting, and expert fees, arising out of or in any way connected with your use of this Web Site or your breach of the terms of this Agreement.

Section 8. Miscellaneous.

Merrick makes no claim that the content of this Web Site is appropriate or may be downloaded outside of the United States. Access to this Web Site may not be legal for certain persons or in certain countries. If you access the Web Site from outside of the United States, you do so at your own risk and you are responsible for compliance with applicable laws including those of your jurisdiction. This Web Site and its contents are controlled by Merrick from its offices in the United States and your use of this Web Site is governed by the internal substantive laws of the State of Colorado, without application of its conflict or choice of law principles. Jurisdiction for any claim or action arising under this Agreement shall lie exclusively with the state courts in Arapahoe County, Colorado. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. To be an effective waiver of these Terms by Merrick, the waiver must be in writing and signed by Merrick, and no waiver of any term shall be deemed a further or continuing waiver of such term or any other term. These Terms constitute the entire agreement between you and Merrick with respect to the use of the Web Site.

Section 9. Address & Questions Regarding these Terms.

Merrick's headquarters mailing address is:

Merrick & Company
2450 S. Peoria Street
Aurora, Colorado 80014
Attention: Carter E. Boardman

NO PERSON IS AUTHORIZED TO GIVE ANY INFORMATION OR TO MAKE ANY REPRESENTATION OR TO AGREE TO ANYTHING INCONSISTENT WITH THESE TERMS, AND ANY INFORMATION, REPRESENTATION, OR TERM INCONSISTENT WITH THAT CONTAINED HEREIN MUST NOT BE RELIED UPON.