Terms of Use
Last Updated: November 2, 2021
This drivemerlin.com website (the "Site") is owned and operated by Merlin Mobility, Inc. ("MMI"), a Delaware nonprofit corporation located at 1023 Walnut St, Suite 100, Boulder, Colorado 80302, USA. Please read these terms and conditions carefully before using the Site. By using the Site, you acknowledge that you have read and agree to all of these terms. If you do not agree to these terms, you should not use the Site. MMI may revise these terms from time to time. If you continue to use the Site after we post changes to these terms, it will mean that you accept such changes.
Use of Materials:
All materials on the Site, including but not limited to artwork, photographs, graphics, audio clips, video clips, animations, data, text and trademarks ("Content"), are owned by or licensed to MMI and are subject to copyright and other intellectual property rights. You may view, print, copy and distribute the Content only for your personal, non-commercial purposes, provided that (1) you do not modify any of the Content, (2) any copies include all copyright, trademark and similar notices, and (3) you do not post any of the Content on any other website or network computer or publish or broadcast any of the Content in any media. You may not use, copy or distribute any of the Content for any other reason without MMI’s prior written consent. Any use, copying or distribution of the Content not expressly authorized by this paragraph may violate copyright, trademark and other laws. MMI reserves all other rights to the Content. You acknowledge that you do not acquire any ownership rights by printing, copying or distributing any Content from the Site. To request consent to use any Content for purposes not expressly authorized herein, please send a message to: info@drivemerlin.com using the subject "materials permission". A failure to reply to any email or other overtures requesting permission to use any such materials published on drivemerlin.com is NOT an implied or explicit permission to use such materials. You agree not to circumvent, disable or otherwise interfere with security related features on the Site or features that prevent or restrict use of copying of any Content or enforce limitations on use of the Site or any Content herein.
General Provisions:
These terms shall be governed by and construed according to the laws of the state of Colorado without regard to conflict of law principles. The state and federal courts sitting in Colorado have exclusive jurisdiction to resolve any claims or disputes arising from or relating to the Site or the Content and you hereby consent to the exclusive jurisdiction of such courts. Any claims arising from or in connection with the Site or the Content must be brought in such courts within one year after the event giving rise to such claim. These Terms of Use, together with the Privacy Policy and any other legal notices published by MMI on the Site, shall constitute the entire agreement between you and MMI concerning the Site. If any of these terms are found to be invalid, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement. Failure by MMI to enforce any of these terms shall not constitute a waiver of such terms or any other terms. No waiver or consent shall be effective against MMI unless in writing and no such waiver or consent shall be construed as a waiver or consent in any other or subsequent instance.
Claims of Copyright Infringement Under the Digital Millennium Copyright Act:
If you are a copyright owner or an agent thereof and believe that any Content on the Site infringes upon your copyright, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing MMI’s copyright agent with the following information in writing (see 17 U.S.C § 512(c)(3) for further details):
• Identification of the copyrighted work claimed to have been infringed;
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit MMI to locate the material;
• A statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law;
• A statement that the information in the notification is accurate, and under penalty of perjury, that you are, or are authorized to act on behalf of, the owner of an exclusive right that is allegedly infringed;
• Your name, mailing address, telephone number and e-mail address; and
• A physical or electronic signature of the owner of the exclusive right that is allegedly infringed, or that of the person authorized to act on behalf of the owner.
MMI’s designated agent to receive notifications of claimed infringement is:
Outside Counsel:
Matthew P. Hyde
Catalyst Law Group
4845 Pearl East Cir Ste 118 PMB 68599
Boulder, Colorado 80301-6112
www.catalyst.law
You acknowledge that if you fail to comply with all of the above requirements, your DMCA notice may not be valid.
For clarity, only DMCA notices should go to the copyright agent. Please email us at info@drivemerlin.com with IFAW regarding any other matters.
Ability to Accept Terms and Conditions of Use:
You affirm that you have reached the age of majority in your jurisdiction or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. In any case, you affirm that you are at least 13 years of age, as the Site is not intended for children under 13.
Assignment:
These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by MMI without restriction.
Indemnity:
You agree to defend, indemnify and hold harmless MMI, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from: (i) your use of and access to the Site; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party right or any law, including without limitation any copyright, property, or privacy right; or (iv) any claim that content you submit via the Site violates any third party right or any law. This defense and indemnification obligation will survive these Terms of Use and your use of the Site.
No Warranty or Liability:
While MMI attempts to provide accurate information on the Site, MMI, its affiliates, and their respective members, shareholders, directors, trustees, officers, employees, agents and suppliers (the "MMI Parties") assume no responsibility for, and offer no warranties or representations regarding, the accuracy, reliability, completeness or timeliness of any of the Content or the content on any sites linked to from the Site. Content is provided "as is" and MMI disclaims all warranties, express or implied, of any kind, including warranties of merchantability or fitness for a particular purpose and non-infringement. You agree that you use the Site at your own risk. Furthermore, none of the MMI Parties warrant that the Site will operate error-free or that the Site, its server or the Content are free of viruses or similar harmful features. Under no circumstances shall any of the MMI Parties be liable for any damages (including, without limitation, direct, indirect, incidental, special, consequential or punitive damages, lost profits, lost data or business interruption) that result from the use or inability to use the Site or the Content even if such MMI Party has been advised of the possibility of such damages. Some states have laws that prohibit or limit disclaimers of warranties or limitation of liability. In such states, the liability of the MMI Parties shall be limited to the fullest extent allowed by law. You specifically acknowledge that MMI shall not be liable for user submissions or the defamatory, offensive or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.
Outside Links:
The Site may contain links to third-party sites. MMI provides these links as a convenience and does not endorse the companies or contents of any such sites. MMI has no control over, is not responsible for, and makes no representation and warranty and disclaims all liability with respect to, any such site, any content on any such site or any such site's privacy practices. Use such sites at your own risk.
Restrictions of Use:
You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Site in a manner that sends more request messages to MMI’s servers in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser. Notwithstanding the foregoing, MMI grants the operators of public search engines permission to use spiders to copy materials from the Site for the sole purpose of creating publicly available searchable indices of the materials. WWF reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information from the Site, nor to use the communication systems provided by the Site for any commercial solicitation purposes. You agree not to solicit any users of the Site for any commercial purposes.