MERresource.com Terms and Conditions
PLEASE READ THESE MERRESOURCE.COM TERMS AND CONDITIONS OF USE ("TERMS AND CONDITIONS") CAREFULLY BEFORE USING THE WEB SITE MERRESOURCE.COM OR ANY SERVICES OFFERED AT OR THROUGH MERRESOURCE.COM.
MERresource.com is an online information and resource service provided by MER Resource Service, a licensee of Cohasset Associates, Inc. Employee Profit-Sharing Plan DDT, Robert F. Williams, Trustee. By using the MERresource.com web site, the Discussion Forums, the MER Resource Service, or any other online services offered at or through MERresource.com, you signify your assent to these Terms and Conditions. If for any reason you do not agree to all of these Terms and Conditions, then please exit MERresource.com immediately and do not use MERresource.com, the Discussion Forums, the MER Resource Service, or any other online services offered at or through MERresource.com.
MER Resource Service may revise and update these Terms and Conditions at any time by posting them at http://www.MERresource.com/legal/. Your continued usage of MERresource.com, the Discussion Forums, the MER Resource Service, or any other online services offered at MERresource.com will mean that you accept those changes.
No Legal Advice
Your use of the information, resources, or services available at or through MERresource.com ("the Information") is not intended to create, and does not constitute, a lawyer-client relationship, and you should not act upon any of the Information without seeking professional legal counsel. The Information has been prepared by MER Resource Service for informational purposes only, is not intended as a substitute for legal advice from independent legal counsel in your state or other relevant jurisdiction, and should not be considered or relied upon as legal advice. Any opinions, whether legal or otherwise, expressed on MERresource.com are solely those of the respective authors. Because laws and procedures change frequently and are subject to differing interpretations, the Information is general in nature and may not apply to particular factual or legal circumstances; MER Resource Service does not represent, guarantee, or warrant that the Information is accurate, complete, or up-to-date. For legal advice applicable to your situation, please consult an attorney of your choice.
Copyright
The Information (as defined above) is protected by United States and other copyright laws. MER Resource Service or its licensors are the owners of all copyrights in and to the Information, except for works of the United States Government pursuant to 17 U.S.C. Section 105. The selection, arrangement, and presentation of all Information (including information in the public domain) and the overall design of MERresource.com are copyright © 2002 and 2003 by Cohasset Associates, Inc. Employee Profit-Sharing Plan DDT, Robert F. Williams, Trustee, which grants permission to view and print Information from MERresource.com only for the non-commercial purposes of viewing, reading, and retaining for reference. Any other copying, distribution, retransmission, or modification of the Information, whether in electronic or hard copy form, without the express prior written permission of the copyright owner, is strictly prohibited.
Trademarks
"MER," "MERResource," "MERresource.com," and the distinctive MER logo are trademarks or service marks of Cohasset Associates, Inc. Employee Profit-Sharing Plan DDT, Robert F. Williams, Trustee.
Discussion Forums
MER Resource Service has the right, in its sole discretion, to suspend or terminate your account and to refuse any or all current or future use of the Discussion Forums at any time.
By submitting communications or content to any part of the Discussion Forums, you agree that such submission is non-confidential for all purposes. If you make any submission to any part of the Discussion Forums, then you agree that you automatically grant -- or warrant that the owner of such content has expressly granted -- to MER Resource Service a royalty-free, perpetual, irrevocable, worldwide, nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed.
Privacy
The MERresource.com Online Privacy Policy is available at http://www.MERresource.com/privacyPolicy.htm
No Warranties
MER RESOURCE SERVICE MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS, OR ENDORSEMENTS WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO MERRESOURCE.COM, THE INFORMATION (AS DEFINED ABOVE), ANY OTHER PRODUCTS, INFORMATION, OR SERVICES PROVIDED AT OR THROUGH MERRESOURCE.COM OR ANY SITES LISTED ON MERRESOURCE.COM, AND MER RESOURCE SERVICE SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. MERRESOURCE.COM IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS, AND MER RESOURCE SERVICE DOES NOT WARRANT THAT MERRESOURCE.COM WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN MERRESOURCE.COM WILL BE CORRECTED.
IN NO EVENT WILL MER RESOURCE SERVICE OR ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, OR THEIR RESPECTIVE ASSIGNS BE LIABLE FOR (1) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, OR THE LIKE) ARISING OUT OF THE USE OF, OR INABILITY TO USE, MERRESOURCE.COM, THE INFORMATION, OR ANY PRODUCTS OR SERVICES PROVIDED ON OR THROUGH, OR DOWNLOADED FROM, MERRESOURCE.COM, EVEN IF MER RESOURCE SERVICE OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; OR (2) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN MERRESOURCE.COM, THE INFORMATION (AS DEFINED ABOVE), OR MATERIAL DOWNLOADED FROM OR THROUGH MERRESOURCE.COM. BECAUSE SOME STATES MAY NOT ALLOW MER RESOURCE SERVICE TO EXCLUDE OR LIMIT ITS LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THIS LIMITATION MAY NOT APPLY TO YOU; IN THOSE STATES, MER RESOURCE SERVICE'S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Indemnification
You agree to indemnify, defend, and hold harmless MER Resource Service and its licensors, members, managers, officers, employees, agents, and their respective assigns from and against any and all loss, costs, expenses (including reasonable attorneys' fees and expenses), claims, damages, and liabilities related to or associated with your use of MERresource.com or your violation of any of these Terms and Conditions.
Governing Law and Jurisdiction
Your acceptance of these Terms and Conditions in exchange for use of MERresource.com or the Information (as defined above) constitutes a legal and binding contract. You agree that this contract is made under, and shall be governed by and construed in accordance with, the laws of the State of Illinois, and that the United States District Court for the Northern District of Illinois shall have exclusive personal jurisdiction to hear and determine any claims or disputes between you and MER Resource Service (and/or its licensors, members, managers, officers, employees, agents, and their respective assigns), pertaining directly or indirectly to these Terms and Conditions, or to any matter arising from their use or construction or from any other document executed and delivered in connection with them, so long as it has subject matter jurisdiction. You further agree that if the United States District Court for the Northern District of Illinois lacks subject matter jurisdiction over any such claims or disputes, then any state court located in Cook County, Illinois, shall have exclusive personal jurisdiction to hear and determine them.
Miscellaneous
Except as may be expressly provided in a particular legal notice posted by MER Resource Service on MERresource.com, you agree that these Terms and Conditions constitute the entire agreement between you and MER Resource Service with respect to the use of MERresource.com or the Information (as defined above). Any failure of MER Resource Service to insist upon or to enforce strict performance of any provision of these Terms and Conditions at any time shall not be construed as a waiver of any such provision or right, and neither the course of conduct between the parties nor any trade practice shall act to modify any provision of these Terms and Conditions. You further agree that MER Resource Service may assign its rights and duties under these Terms and Conditions to any party at any time without notice to you.
Last Update
These Terms and Conditions were last updated on Wednesday, May 21, 2003.
Contact Information
Questions or comments regarding MERresource.com should be sent by e-mail to info@MERresource.com, by U.S. mail to MER Resource Service, 3806 Lake Point Tower, 505 North Lake Shore Drive, Chicago IL, USA 60644, or by phone or fax to (800) 200-7667 or (800) FAX-7667, respectively.
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