Please read these website terms of use carefully before using this website (hereinafter ‘website’). These website terms of use (hereinafter ‘terms of use’) govern your access to and use of the website. The website is available for your use only on the condition that you agree to the terms of use set forth below. If you do not agree to all of the terms of use, do not access or use the website. By accessing or using the website, you and the entity you are authorised to represent (hereinafter ‘You’ or ‘Your’) signify your agreement to be bound by the terms of use.
User Eligibility
The Web Site is provided by iMerit and available only to entities and persons who have reached the age of legal majority and are competent to enter into a legally binding agreement(s) under the applicable law. If You do not qualify, You are not permitted to use the Web Site.
Scope Of Terms of Use
These Terms of Use govern Your use of the Website and all applications, software and services (collectively known as “Services”) available via the Web Site, except to the extent that such Services are the subject of a separate agreement. Specific terms or agreements may apply to the use of certain Services and other items provided to You via the Web Site (“Service Agreement(s)”). Any such Service Agreements will accompany the applicable Services or are listed in association therewith or via a hyperlink associated therewith. iMerit may revise and update these Terms of Use at any time
Licence and Ownership
Any and all intellectual property rights (“Intellectual Property”) associated with the Web Site and its contents (the “Content”) are the sole property of iMerit, its affiliates or third parties. The Content is protected by Intellectual Property and other laws both in USA and other countries. Elements of the Web Site are also protected by trade name, trade secret, unfair competition, and other laws and may not be copied or imitated in whole or in part. All customised graphics, icons, and other items that appear on the Web Site are trademarks, service marks or trade name (“Marks”) of iMerit, its affiliates or other entities that have granted iMerit the right and licence to use such Marks and may not be used or interfered with in any manner without the express written consent of iMerit. Except as otherwise expressly authorised by these Terms of Use, You may not copy, reproduce, modify, amend, lease, loan, sell and/or create derivative works from, upload, transmit, and/or distribute the Intellectual Property of the Web Site in any way without iMerit’s prior written permission or that of an appropriate third party. Except as expressly provided herein, iMerit does not grant to You any express or implied rights to the Intellectual Property of iMerit or that of any third party.
iMerit hereby grants You a limited, personal, non-transferable, non-sublicensable, revocable licence to (a) access and use only the Web Site, Content and Services only in the manner presented by iMerit, and (b) access and use the iMerit computer and network services offered within the Web Site (the “iMerit Systems”) only in the manner expressly permitted by iMerit. Except for this limited license, iMerit does not convey any interest in or to the iMerit Systems, information or data available via the iMerit Systems (the “Information”), Content, Services, Web Site or any other iMerit property by permitting You to access the Web Site. Except to the extent required by law or as expressly provided herein, none of the Content and/or Information may be reverse engineered, modified, amended, reproduced, republished, translated into any language or computer language, re-transmitted in any form or by any means, resold or redistributed without the prior written consent of iMerit. You may not make, sell, offer for sale, modify, amend, reproduce, display, publicly perform, import, distribute, retransmit or otherwise use the Content in any way unless expressly permitted to do so by iMerit.
Third Party Software
The Site may include or incorporate third party software components that are generally available free of charge under licenses granting recipients broad rights to copy, modify, and distribute those components (“Third Party Components”). Although the Site is provided to you subject to these Terms, nothing in these Terms prevents, restricts, or is intended to prevent or restrict you from obtaining Third Party Components under the applicable third-party licenses or to limit your use of the Third Party Components under those third party licenses. The Site may also contain links to third party websites. Such linked websites are not under iMerit’s control, and iMerit is not responsible for their content.
Restrictions on Use of The Website
In addition to other restrictions set forth in these Terms of Use, You agree that:
- You shall not disguise the origin of information transmitted through the Web Site.
- You will not place false or misleading information on the Web Site.
- You will not use or access any service, information, application or software available via the Web Site in a manner not expressly permitted by iMerit.
- You will not input or upload to the Web Site any information that may contain viruses, Trojan horses, worms, time bombs or other computer programming routines that are intended to damage, interfere with, intercept or expropriate any system, the Web Site or Information or that infringes the Intellectual Property rights of another.
- Certain areas of the Web Site are restricted to customers of iMerit.
- You may not use or access the Web Site or the iMerit Systems or Services in any way that, in iMerit’s judgment, adversely affects the performance or function of the iMerit Systems, Services or the Web Site or interferes with the ability of authorised parties to access the iMerit Systems, Services or the Web Site.
- You may not frame or utilize framing techniques to enclose any portion or aspect of the Content or the Information, without the express written consent of iMerit.
Disclaimer of Warranties
iMerit makes no representations about the results to be obtained from using the website, the iMerit systems, the services, the information or the content. The use of same is at your own risk. The website, the iMerit systems, the information, the services and the content are provided on an “As is” basis. iMerit, its licensors, and its suppliers, to the fullest extent permitted by law, disclaim all warranties, either express or implied, statutory or otherwise, including but not limited to, the implied warranties of merchantability, non-infringement of third party rights, and fitness for a particular purpose. iMerit and its affiliates, licensors and suppliers make no representations or warranties concerning the accuracy, completeness, security or timeliness of the content, information or services provided on or through the use of the web site or the iMerit systems. No information obtained by you from the website shall create any warranty not expressly stated by iMerit in these terms of use.
Termination
You agree that iMerit, at its sole discretion, may terminate or suspend Your use of the Web Site, the iMerit Systems, Information, Services and Content at any time and for any or no reason at its sole discretion, even if access and use continue to be allowed to others. Upon such suspension or termination, You must immediately discontinue Your use of the Web Site, and destroy any copies You may have made of any portion of the Content. Accessing the Web Site, the iMerit Systems, Information or Services after such termination, suspension or discontinuation shall constitute an act of trespass. Furthermore, You agree that iMerit shall not be liable to You or to any third party for any termination or suspension of Your access to the Web Site, the iMerit Systems, Information and/or the Services.
Limitation of Liability
To the extent permitted by law, in no event shall iMerit, its affiliates, licensors, suppliers or any third parties mentioned at the web site be liable for any incidental, direct, indirect, exemplary, punitive and/or consequential damages, lost profits, and/or damages resulting from lost data or business interruption resulting from the use of and/or inability to use the website, the iMerit systems, information, services or the content whether based on warranty, contract, tort, delict, or any other legal foundation, and whether or not iMerit is advised of the possibility of such damages. To the extent permitted by law, the remedies stated for you in these terms of use are exclusive and are limited to those expressly provided for herein.
Compliance With Law
You agree to use the Web Site in strict compliance with all applicable laws, rulings, and regulations and in a fashion that does not, in the sole judgment of iMerit, negatively reflect on the goodwill or reputation of iMerit and You shall take no action which might cause iMerit to be in breach of any laws, rulings or regulations applicable to iMerit.
Governing Law and Jurisdiction
To the fullest extent permitted by law, these Terms of Use are governed by the internal laws of State of California and courts in California,
