“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.
“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.
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
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
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.
7. Links to Third Party Websites