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St. Paul, MN 55108, US
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This section applies to users of the DataSite and DataSiteOne Services. If you only use our public website, this section does not apply to you.
General Terms and Conditions:
THE SERVICE IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, SERVICES, UNINTERRUPTED ACCESS, OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE SERVICE. SPECIFICALLY, MERRILL DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO: (1) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, DOCUMENTS, PRODUCTS OR SERVICES ON THIS SITE; (2) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (3) ANY WARRANTIES RELATING TO DELAYS, INTERRUPTIONS, ERRORS, OR OMISSIONS IN THE OPERATION OF THIS SITE OR ANY PART OF IT; (4) ANY WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THIS SITE OR ITS AVAILABILITY AT ANY PARTICULAR TIME OR LOCATION; AND (5) WARRANTIES RELATING TO WEBSITES TO WHICH THIS SITE IS LINKED.
NEITHER MERRILL NOR ANY OF ITS EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES, OR CONTENT OR SERVICE PROVIDERS SHALL BE LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING.
Ownership and Changes:
“Confidential Information” means proprietary information owned by or otherwise within the possession of a party, including, but not limited to, patented and unpatented inventions, copyright, know-how, business and trade secrets, marketing plans, financial information, computer programs (including source code), data, listings, flowcharts, manuals, instructions, notes and other documentation, other secret or confidential information related to the business of the party.
We will use commercially reasonable security precautions on the Website to promote the secure transmission of the Company’s Documents from the Website to you. We may act on any instructions from the Company to prohibit access to any user, and that by doing so, we are not liable to you or others for denying you any access to the Website. The Company maintains a current list of all persons authorized to access and operate the Website and will notify us of changes to such list. In no event will we be liable to you or the Company for your authorized or unauthorized access to the Website as a result of failure by you to keep your User ID and Password confidential or otherwise.
We will use commercially reasonable efforts to make the Website available for your access seven (7) days a week, twenty-four (24) hours a day, except for specific scheduled weekly downtime periods during which we will shut down the service for the purposes of system upgrades, maintenance, and backup procedures (“Scheduled Downtime”). The weekly Scheduled Downtime is 10:00 pm CST Saturday evening to 10:00 am CST on Sunday morning, plus other times as determined in our sole discretion as required for major software upgrades and network maintenance. There may be events that will make the system inaccessible for a limited amount of time due to unforeseen software, hardware, network, power and/or Internet outages (“Unscheduled Downtime”). Scheduled and Unscheduled Downtime may occur during the term of the Project and that we will not be liable for any indirect, incidental, special or consequential damages, including, without limitation, loss of profits, loss of data, loss of purchase price or diminution in the value of the transaction, arising as a result of Scheduled and/or Unscheduled Downtime.
The Company is the sole and exclusive owner or authorized licensee of any and all rights, title and interest (including without limitation all Intellectual Property Rights) in and to the Documents. The Company is solely responsible for providing all Documents to Merrill and, by doing so, grants Merrill a license only to the extent necessary for Merrill to provide the Service to you. The Documents on the Website have been provided by the Company, and Merrill has no responsibility for the accuracy of the Documents displayed on the Website. Except as otherwise permitted by the Company, you will have no rights to use, reproduce, display, modify or transfer the Documents or any derivative thereof. You agree to accept full liability for your use and misuse of the Documents, and Merrill shall not be liable for such use and misuse.
You shall not and shall not permit any third party to directly or indirectly use the Website to communicate, by way of electronic communication or otherwise, any message or material that (i) is libelous, harmful to minors, obscene or constitutes pornography; (ii) infringes the copyrights, patents, trade secrets, trademarks, trade names or other proprietary rights of a third party or is otherwise unlawful; or (iii) would otherwise give rise to civil liability, or that constitutes or encourages conduct that could constitute a criminal offense, under any applicable law or regulation. You agree to accept full liability for your use and misuse of the Website’s as herein described, and Merrill shall not be liable for such use or misuse.
The Website may contain features designed to interoperate with web-based, mobile, offline or other software applications that is provided by you or a third party and interoperates with the Website (“Non-Merrill Applications”). Merrill does not warrant or support Non-Merrill Applications. If you choose to use a Non-Merrill Application with the Website, you grant Merrill permission to allow the Non-Merrill Application and its provider to access Website as required for the interoperation of that Non-Merrill Application with the Website. Merrill is not liable for any damages resulting from any disclosure, modification or deletion of data resulting from access by such Non-Merrill Application or its provider.
We will provide customer support via a telephone help desk, which operates 24 hours/day, 7 days/week, to address and repair problems and to answer questions regarding the use of the Website.
Various laws exist throughout the world that regulate, among other items, stock exchanges and over-the-counter markets, consumer privacy rights, consumer protection from solicitation, advertising, SPAM, exporting of data, and in general, electronic transmissions, including but not limited to protection from fraudulent, libelous, defamatory, obscene, pornographic, threatening, hateful, or otherwise objectionable information of any kind. You are solely responsible for ensuring that your use of the Service is not in violation of any national or international law. Your use of certain features of the Service may be audited by regulatory agencies, your employer, the Company, and Company’s advisors. Certain data from the Services may be retained in accordance with applicable retention rules by Merrill, the Company, Company’s advisors or your employer for regulatory requirements.
While using the Service, you may not knowingly post or transmit any information or software that contains a virus or other component harmful to Merrill’s data systems, and you agree to use up-to-date, industry standard virus detection tools to ensure that you do not transmit any such component. You may not circumvent or attempt to circumvent any security protocol on the Website, including but not limited to performing any penetration testing without Merrill’s consent.
You may not (a) post, publish, transmit or exploit any information, software or other material that is obtained through the Service for commercial purposes, unless expressly permitted by the provider of such material; (b) post, publish or transmit any information, software or other material obtained through the Service that is protected by copyright or other proprietary right without the permission of the copyright owner; nor (c) de-compile (save as and to the extent that such right may not be excluded under applicable law), reverse engineer, disassemble, sublicense or create derivative works from the Website or Merrill Software.
We reserve the right to (a) monitor your communications with us whether by mail, voice, fax, e-mail or any other form of transmission for the purposes of quality control, security and other business needs, (b) monitor your activity on Website and provide reporting to the Company, Company’s advisors, your employer or regulatory authorities related to your activity, (c) gather, analyze, use and disclose statistical data regarding your use of the Website and Services for the sole purpose developing modifying improving the Website and Services provided no Company, User, Document or Project shall be identified in connection with such statistics, and (d) contact you for any purpose, including without limitation, upgrades to the Merrill Software, changes in the Service, marketing information, and user surveys.
The Website is controlled by Merrill from its offices within the United States or the European Union, depending on the Project owner’s designation. Servers hosting data on the Website are located either in the United States for American based Projects and Germany for non-United States based projects. Access to, or use of, this Website or information, materials, products and/or services on this Website may be prohibited by law in certain countries or jurisdictions. You are responsible for compliance with any applicable laws of the country from which you are accessing this Website.
Copyright 2019 Merrill Communications LLC
Merrill Communications LLC may license software under the Apache License, Version 2.0 and the MIT License (the "Licenses"); you may not use this file except in compliance with the Licenses. You may obtain a copy of the Apache License at http://www.apache.org/licenses/LICENSE-2.0 Unless required by applicable law or agreed to in writing, software distributed under the License is distributed on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied. See the Licenses for the specific language governing permissions and limitations under the Licenses.