Legal

Terms Of use

NOTICE: PLEASE READ CAREFULLY. THE FOLLOWING CONSTITUTES A LEGAL AND BINDING CONTRACT BETWEEN YOU AND MERLIN EDGE (“we”, “us” or “our”). BY ACCESSING THE WEBSITE (the “Website”, as defined below) YOU CONFIRM THAT, IN CONSIDERATION OF MERLIN EDGE PERMITTING YOU ACCESS TO THIS WEBSITE AND THE CONTENT, YOU HAVE READ AND ACCEPTED THESE TERMS OF USE. IF YOU DO NOT AGREE TO AND ACCEPT THESE TERMS OF USE, YOU MAY NOT ACCESS, VIEW OR USE THIS WEBSITE.

Any personal information submitted by you to Merlin Edge will be subject to our Privacy Policy for this website. Please do not submit personal information unless you consent to our collection, use and disclosure of your personal information as set out in our Privacy Policy.

1. Definitions

“Content” means all material visible or audible through the Website, including without limitation text, images, graphics, designs, logos, trade-marks, information (including forward looking information), documentation, data, animations, scripts, software, links and computer code, including the selection and arrangement of the elements contained in the Content, but does not include the contents of any Third Party Website.

“Terms of Use” means these terms of use, being a legal agreement and contract between you and Merlin Edge.

“Third Party Website” means any website operated or made available by anyone other than Merlin Edge, whether reached through a link on this Website, or otherwise.

“We”, “us” or “our” refer to Merlin Edge.

“Website” means this website located at www.merlinedge.com, and includes all web pages, directories, files, URLs and Content contained in or accessible within the Website.

“You”, “Your” and “Yours” refer to you, and shall include any corporation or other legal entity by which you are employed or on behalf of which you enter into these Terms of Use.

2. Website Terms of Use

Conditional upon your unconditional acceptance of, and ongoing compliance with these Terms of Use, we grant you a limited and revocable non-exclusive license to view and access the Content for your own personal and non-commercial use only. By accessing or using the Website you are agreeing to and accepting these Terms of Use. If you do not agree with these Terms of Use, you cannot access or use the Website or the Content. The license granted to you is personal and may not be assigned or transferred by you. Any purported assignment or transfer by you shall be void.

We reserve the right to modify these Terms of Use at any time without prior or other notice by posting such modifications or modified Terms of Use on the Website. Your continued access or use of the Website after such modifications have been posted indicates your acceptance of and agreement to be bound by these Terms of Use as modified. You agree to regularly review these Terms of Use.

We reserve the right to modify, change, discontinue or suspend the Website in whole or in part, at any time, without prior or other notice to you. Merlin Edge or any of our employees, agents, officers, directors or service providers shall not be liable to you or any third party for any exercise by us of our rights.

You agree to use the Website, the Content, Third Party Websites and services available on or through the foregoing for lawful purposes only and in a manner consistent with local, national or international laws and regulations.

3. Jurisdiction and Governing Law

The laws of the Province of Alberta and any applicable federal laws of Canada shall govern your use of the Website, the Content and the interpretation of these Terms of Use. The courts of the Province of Alberta, sitting at Calgary, Alberta, and without regard to their conflicts of laws provisions, shall have exclusive jurisdiction over any dispute arising out of your use of this Website or the Content. Regardless of your physical location, residence or domicile, you undertake and agree to commence no action nor make any claim of any kind in any jurisdiction other than the courts of the Province of Alberta and you expressly undertake and agree to not commence or pursue any action by way of class action or similar proceeding. Notwithstanding the foregoing, nothing in these Terms of Use will prevent us from seeking injunctive or equitable relief or remedies against you from any court of competent jurisdiction.

4. Copyright

We or our service providers own all right, title and interest in the Website and the Content, including all associated market data and information, and you acquire no right, title or interest therein. The Content is protected by copyright. All rights are reserved except as stated in these Terms of Use. Any unauthorized use, reproduction, alteration, publication, dissemination, modification or distribution of the Content is strictly prohibited. All moral rights are reserved and not waived. You will not remove or alter any copyright, trade-mark or other proprietary notices from the Content.

5. Trade-marks

Merlin Edge and related words and logos are trademarks and/or trade names of Merlin Edge. Nothing in these Terms of Use or in the Content shall be construed as granting, either expressly, by implication, or by estoppel or otherwise, a licence or other right to you to use any marks or names of  Merlin Edge. The names of other companies, products or services referred to on the Website may be trademarks or trade names of their respective owners, all rights reserved.

6. Disclaimers, Limitations of Liability and Indemnification

You understand and agree that:

Use of the Website and the Content is at your sole risk. The Content is provided on an “as is”, “as available” and “when available” basis. Professional Excavators and its service providers do not give any warranty, guarantee, representation or condition that access to the Website or the Content shall be uninterrupted or error free, or available at all; nor do they make any warranty, guarantee, representation or condition as to the results that may be obtained from the use of the Website or as to the accuracy, reliability or content of the Content.

The downloading, reading and review of the Content and any material from Third Party Websites is and will be done solely at your own risk. Merlin Edge does not give any condition, guarantee or warranty that the Content or any materials available through a Third Party Website are free of viruses or other destructive code or content of any kind. You are solely responsible for implementing safeguards to protect your computer system and data and for the entire cost of any service, repairs or corrections necessary as a result of the use of the Website, the Content or any Third Party Website.

You agree that you will not rely on any opinion or other information set out in the Content or any website accessible through the Website when making business, financial, personal or any other decisions. Merlin Edge and its service providers do not endorse the opinions of any third party expressed on the Website or any website accessible through the Website.

In no event shall Merlin Edge be liable for any:

(a) indirect, consequential, incidental, special, compensatory, aggravated, exemplary or punitive damages,

(b) damages for economic loss, loss of income, loss of business profits, business interruption, loss of data or business information, loss of or damage to property, or failure to realize expected revenues, profits, gains, savings or other results of any kind,

(c) claims of third parties, or

(d) any other pecuniary loss arising out of or related to these terms of use, the content, the website or any third party website. notwithstanding the foregoing, in no event will the cumulative liability of Merlin Edge and its service providers arising out of or related to these terms of use, the content, the website or any third party website exceed the sum of ten dollars ($10.00) in Canadian currency.

The disclaimer of guarantees, representations, warranties, conditions and limitations of liability set out herein shall apply regardless of the causes, circumstances or form of action giving rise to any loss, damage, claim or liability, even if such loss, damage, claim or liability is based upon breach of contract (including, without limitation, a claim of fundamental breach or breach of a fundamental term), tort (including, without limitation, negligence), strict liability or any other legal or equitable theory whatsoever, and further shall apply even if Professional Excavators and/or its service providers are advised of the possibility of the loss, damage, claim or liability or such loss, damage, claim or liability is foreseeable.

You agree to indemnify and forever hold Merlin Edge and its service providers harmless from and against any and all claims, liabilities, damages, demands, losses or expenses (including all legal fees) arising out of your breach of these terms of use.

7. Links to Third Party Websites

Certain links on this Website lead to Third Party Websites, which are maintained or made available by independent parties over which we have no control, notwithstanding any affiliation or other relationship we may appear to have with such Third Party Websites. Those links are included in the Website for purposes of convenience only. Merlin Edge does not make or give any representations, guarantees, conditions or warranties as to the accuracy or any other aspect of the information or contents contained on or available through any Third Party Websites, including any data, information, documents, materials, records, goods or services sold or made available. We disclaim all liability and responsibility for the content of any Third Party Websites. Any personal information about you or any other individual collected, used or disclosed by or in connection with the Third Party Websites will be subject to the privacy policies of the owners or operators of such Linked Sites, and not Merlin Edge. Nothing in these Terms of Use or your use of the Website grants you any rights or authorizations with respect to any Third Party Website.

8. General

These Terms of Use, together with any and all other notices, policies and statements contained on the Website, constitute the entire agreement between Merlin EdgeFF and you. These Terms of Use cannot be modified by you. In the event of any conflict or inconsistency between these Terms of Use and anything contained in or available through the Website or the Content, these Terms of Use, as amended, shall in all cases prevail and take priority. No waiver of these Terms of Use, or any term or condition herein, shall be deemed a further or continuing waiver of any such term or condition or any other term or condition. If in any jurisdiction, any part of these Terms is held to be unenforceable by a court of competent jurisdiction, such part of these Terms of Use shall be severed, or restricted or eliminated to the minimum extent necessary to leave the enforceable provisions of these Terms of Use in effect.