This Website (“Site”) is provided by Merrick & Company and its affiliates (collectively, “Merrick”). Your use of this Site is governed by and subject to the terms and conditions of this binding legal “Agreement.” Read it carefully. Since it is free, you are responsible for all risks associated with use of this Site, and Merrick is not liable for any damages, liabilities or costs you may suffer from use. By accessing and using this Site, you agree to be bound by, and not contest the terms and conditions of this Agreement, and you represent and warrant that jurisdictions governing you allow all terms and conditions to be binding on you without the need to modify them, and that you have the legal capacity to contract (collectively, “Legal Warranty”). Do not access or use this Site if you do not agree to these terms and those that follow, OR IF APPLICABLE LAW FORBIDS IT.
Proprietary Content. All things on this Site are protected by copyrights, trademarks or other proprietary or intellectual property rights owned by Merrick or others. You may not modify or make commercial use of any material on this Site. Nothing contained on the Site should be construed as granting any license or right to use any content or materials displayed on the Site for public display (commercial or non-commercial) without Merrick’s independent written permission or that of the third party rights holder. You may make copies of materials for your own use as long as you keep intact any copyright and other proprietary notices on them, and as long as you do not republish, upload, post or in any other way redistribute materials for any purpose whatsoever.
Disclaimers. If provided, links to other Web sites are for informational purposes only. Merrick does not sponsor or endorse such sites, is not responsible for accuracy, content or any aspect thereof, and Merrick disclaims all responsibility and liability for such sites. You use this Site at your own risk and you are responsible for, and agree to comply with all applicable laws, including export laws. The Site is for general information only and is provided “AS-IS” “AS-AVAILABLE” with no representations or warranties of any kind, express or implied, and MERRICK DISCLAIMS THEM ALL INCLUDING, WITHOUT LIMITATION, THOSE OF: MERCHANTABILITY; OWNERSHIP; SUITABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE; NON-INFRINGEMENT; ACCURACY OR COMPLETENESS; RELIABILITY AND UNINTERRUPTION; FREEDOM FROM COMPUTER VIRUS OR OTHER HARMFUL COMPONENTS. It is your responsibility to ensure that any information, materials, software or data that you access, use, download or otherwise obtain on or through the Site are: (i) up-to-date, accurate, complete, reliable, and suitable to and appropriate for the purpose for which you may desire to use them; and (ii) free of viruses and other destructive routines. Use of this Site should not be considered a substitute for independently obtaining competent professional services.
Limitation of Liability. YOU WAIVE (IN OTHER WORDS, GIVE UP) AGAINST MERRICK AND ITS AGENTS, CONTRACTORS, SUPPLIERS AND OTHER SIMILAR ENTITIES, AND EACH OF THEIR OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, REPRESENTATIVES AND AGENTS (COLLECTIVELY, THE “MERRICK ASSOCIATES”), CLAIMS FOR ANY LOSS, COST, DAMAGE, OR LIABILITY, REGARDLESS OF THE LEGAL THEORY, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THIS SITE. YOUR WAIVER AGAINST THE MERRICK ASSOCIATES INCLUDES, WITHOUT LIMITATION, WAIVER OF INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, SPECIAL OR SIMILAR DAMAGES OR COSTS, EVEN IF MERRICK WAS ADVISED, KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR COSTS. If you breach your Legal Warranty, then in addition to answering for that breach, the Merrick Associates’ collective, aggregate, and maximum liability for all your claims shall not exceed $100. You agree to indemnify, defend and hold the Merrick Associates harmless from and against damages, liabilities and costs (including expert and attorney fees) arising from your use of this Site. Merrick reserves the right to assume the exclusive defense and control of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.
Miscellaneous. This Agreement is the entire non-assignable agreement governing your use of the Site; is not for the benefit of any third party except as expressly noted; may be amended only by a written instrument signed by Merrick’s webmaster, or by Merrick posting an amended Agreement; is governed by Colorado law (without regard to choice or conflicts of law principles); has, as sole and exclusive venue, Arapahoe County Colorado, and; survives and extends beyond the end of this Agreement.