Terms of Service
BEFORE YOU ACCESS OR USE THIS WEBSITE OR THE SERVICES AVAILABLE HEREIN, CAREFULLY READ THESE TERMS OF SERVICE. BY USING THE WEBSITE OR SERVICES, YOU AND THE BUSINESS ENTITY THAT YOU REPRESENT ARE AGREEING TO BE BOUND BY AND ARE BECOMING A PARTY TO THESE TERMS OF SERVICE. YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO ENTER INTO THESE TERMS OF SERVICE ON BEHALF OF THE BUSINESS ENTITY YOU REPRESENT.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY CREATE A BINDING CONTRACT BETWEEN YOU AND MERLIN. FURTHER, THESE TERMS OF SERVICE CONTAIN AN AGREEMENT TO ARBITRATE, WHICH REQUIRES THAT YOU AND MERLIN ARBITRATE CERTAIN CLAIMS BY BINDING, INDIVIDUAL ARBITRATION INSTEAD OF GOING TO COURT AND LIMITS CLASS ACTION CLAIMS UNLESS YOU OPT OUT OF THE AGREEMENT TO ARBITRATE AS DESCRIBED IN THE ARBITRATION SECTION (SEE SECTION 21 “AGREEMENT TO ARBITRATE”).
Merlin is an online platform to enable connections between (i) a User (as defined below) accessing the Website and creating a profile to search for or apply to a job, either as a prospective employee or as a prospective independent contractor or other classification of self-employed person (an “Applicant”) and (ii) a User accessing the Website to publish a job announcement (each, an “Job Post”), search for or communicate with Applicants or utilize the Services for certain other purposes related to searching for a candidate to perform work (an “Employer”). If You represent an Employer, then Your authorization level on the Website may be as an administrator User or a regular User, as may be established by an Employer on the Website from time to time. For the purposes of these Terms of Service, “work” shall refer to services to be performed in any classification of service relationship, whether an employment relationship, independent contractor relationship or otherwise. A “User” means any individual or entity that uses any aspect of the Website or Services. Merlin does not guarantee that (i) any Applicant will be hired nor (ii) any Applicant will be qualified or suitable for any Job Post.
- Acceptance of Terms
- Scope of Services
Merlin maintains the Website as a service to its visitors, subject to these Terms of Service. You are responsible for obtaining any equipment and Internet service necessary to access the Website and for paying any fees for the equipment and services You select. Merlin may alter, suspend or discontinue this Website or the Services provided herein, in whole or in part, at any time and for any reason, without providing notice to You. The Website may also periodically become unavailable due to maintenance or malfunction of computer equipment or for other reasons. Merlin may provide access to third party services and products, or to Merlin’s products or services, from time to time, through the Website. You acknowledge that the Website is evolving and that the form and nature of the Website, including the Services accessible via the Website, may change from time to time without notice to You.
- Access and Use Terms
- Personally Identifiable Information
- Login Credentials
Merlin is not responsible for any loss or damage caused by, or expense incurred by You, as a result of Your failure to safeguard Your Login Credentials. You agree that You shall not rent, resell or remarket the Services or provide access to the Website to any third party. Merlin reserves the right to delist any Applicants, Job Post or Employers from the Website, at any time and in Merlin’s sole discretion. Merlin may terminate Your Account at any time at Merlin’s sole discretion and with no liability to You. For example, but without limitation, Merlin may terminate Your Account if You violate these Terms of Service or Merlin’s policies, or otherwise harm Merlin’s business interests. You may not be entitled to create a new Account to access the Website if Merlin has terminated Your prior Login Credentials. Merlin may also prohibit certain Users from re-registering with the Website, at Merlin’s sole discretion.
- Privacy; Rights in Your Data
- Usage by Minors
Merlin’s Services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law (“applicable law” as used herein shall mean any and all federal, state, local and/or international laws, statutes, regulations and ordinances that may apply to a User). It is solely each User’s obligation to determine what law may be applicable to such User. Individuals under the age of 18 can use its Services only in conjunction with and under the supervision of a parent or legal guardian. In such a case, the adult is the User and is responsible for any and all activities of the minor.
As an employer, you will be required to agree to recurring monthly payments in the form of a subscription in order to register for our Services or to utilize certain features or functionality of our Services. We reserve the right to implement new or additional fees for our Services at any time; provided that you will not be charged fees unless you agree to do so. We may choose to restrict access to our Services, or to certain features or functionality of our Services, to paying subscribers.
- Merlin is Only a Platform for Applicants and Employers
Merlin disclaims any responsibility for any Applicant’s selection of, communication with or subsequent relationship with, any Employer, and for any Employer’s selection of, communication with or subsequent relationship with, Applicant(s). The decision for an Employer to use or not use an Applicant, or for an Applicant to work for or not work for an Employer, is solely a decision of such Employer or Applicant, as applicable. Merlin disclaims all responsibility for (i) the accuracy of any User Information, or any other information listed in an Applicant’s Profile or resume, or for an Employer’s reliance on such information in offering such Applicant work, and (ii) the accuracy of any job listed or described on the Website (“Job Listing”), or any other information provided by an Employer, or for an Applicant’s reliance on such information in accepting work from an Employer. While Merlin may assist an Employer in drafting Job Listings from time to time, each Employer remains solely responsible for the contents of each Job Listing. While Merlin may enable video, written and/or audio communication between an Employer and an Applicant from time to time, such communication services are provided “AS IS” without any guarantee of availability or quality. All Users agree and acknowledge that an Employer has no obligation to offer or provide work to any Applicant, and that an Applicant has no obligation to accept work from any Employer. All Users further agree that an Employer’s decision to offer or provide work to an Applicant, and an Applicant’s decision to accept work from an Employer, is solely at such Employer’s and Applicant’s own risk.
Except to the extent that Merlin serves as a platform enabling Employers and Applicants to connect or offers any other Services to Employers, Merlin does not take part in the interaction between Employers and Applicants. Merlin does not have control over the quality, timing, legality, failure to provide or any other aspect whatsoever of any deliverable provided by Applicants to Employers, nor of the integrity, responsibility or any of the actions or omissions whatsoever of any Users. Merlin cannot confirm that Users are who they claim to be. Merlin does not assume any responsibility for the accuracy or reliability of this information or any information exchanged between Users through the Website.
Merlin cannot provide any assurances regarding the trustworthiness or skill of Applicants or Employers and the information they provide via the Website. When interacting with other Users You should exercise caution and common sense to protect Your property and intellectual property, just as You would when interacting with other persons whom You do not know. None of Merlin or Merlin’s affiliates, agents, directors, employees, investors, suppliers or licensors is responsible for the conduct, whether online of offline, of any User of the Services. Neither Merlin nor any of Merlin’s affiliates, agents, directors, employees, suppliers, investors or licensors will be liable for any claim, injury or damage arising in connection with Your use of the Website or Services.
- Intellectual Property Rights; Restrictions
- Website Content
All of the content on this Website, including without limitation the images, graphics, information, text, data, links, as well as the underlying software, networks and systems that support this Website and other material accessible through the Website or Services, whether created by Merlin, provided by You or provided by a third party, for display on the Website or through the Services (collectively, “Content”) is owned by Merlin, Merlin’s affiliates or Merlin’s licensors and is protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws. Users have a non-transferable, non-sublicensable, non-exclusive, revocable and limited right to access and use the Website and its Content solely for their internal business purposes or personal use, subject to these Terms of Service.
The Content may contain typographical errors, other inadvertent errors or inaccuracies. Merlin reserves the right to make changes to document names and content, descriptions or specifications or other information, without obligation to issue any notice of such changes.
You may view, copy, download and print Content that is available on this Website or through the Services, subject to the following conditions:
i. You shall only use the Content for internal informational purposes in compliance with all laws and regulations that apply to You. You may not reproduce or transmit any part of this Website or its Content in any form, by any means, electronic or mechanical, including photocopying and recording for any other purpose.
ii. You shall not modify, alter or prepare derivative works based on the Content, or distribute copies of or publicly perform or display the Content, including without limitation by posting the Content on any network computer or distributing the Content on or in any media.
iii. You shall not remove copyright, trademark or other proprietary notices from the Content.
Nothing contained within this Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use this Website or any Content displayed on this Website, except: (a) as expressly permitted by these Terms of Service; or (b) with Merlin’s prior written permission or the permission of the third party that owns the trademark or copyright of the Content displayed on this Website.
- User Content
Merlin does not claim ownership of any Content submitted by Users, including content embodied in Profiles associated with an Applicant or Employer, User Information, resumes, Job Listings and any other content posted by a User to the Website; all such content (“User Content”) shall belong to the User which created such content. By submitting such Content to Merlin, however, You hereby grant Merlin a world-wide, royalty-free, perpetual, irrevocable, non-exclusive license to use, distribute, reproduce, modify, adapt, create derivative works from, publicly perform and/or display such Content. This license shall remain in effect until Merlin deletes the Content from Merlin’s systems.
- Copyright Infringement; Notice and Take Down Procedures
If You believe that any Content on this Website infringes Your copyright, You may request that such Content be removed. This request must bear a signature (or electronic equivalent) of the copyright holder or an authorized representative and must include the following information:
- identification of the copyrighted work that You believe to be infringed, including a description of the work and, where possible, a copy or the location of an authorized version of the work;
- identification of the Content that You believe to be infringing and its location, including a description of the Content, and its Website location or other pertinent information that will help Merlin to locate such Content;
- Your name, address, telephone number and email address;
- a statement that You have a good faith belief that the complained of use of the material is not authorized by the copyright owner, its agent or the law;
- a statement that the information in Your claim is accurate; and
- a statement that “under penalty of perjury,” You declare that You are the lawful copyright owner or are authorized to act on the owner’s behalf.
Merlin’s agent for copyright issues relating to this Website is: Copyright Agent, ClassifiedJobs, Inc., 19 W 24th street, 10th Floor, New York, NY 10010 and at email@example.com. In an effort to protect the rights of copyright owners, Merlin maintains a policy for the termination, in appropriate circumstances, of Users of this Website who are repeat infringers.
- Prohibited Conduct
- No Interference with the Website
You shall not disturb or interfere with the operation of the Website in any manner including without limitation by imposing an unreasonable or disproportionate burden on the network, software or hardware infrastructure of the Website.
- No Manipulation
You are prohibited from manipulating, by any means, the information available through the Website and Services (including without limitation through the use of an alias or decoys or by placing false qualifications or offers). Furthermore, You shall not disrupt or otherwise interfere in any way with another User’s participation on the Website.
- No Unauthorized Conduct
By accessing the Website, Your Account or any other Service provided through the Website, You shall abide by the following standards of conduct. You shall not, and shall not authorize or facilitate any attempt by another person to, use the Website, any videoconferencing service or other Service to:
- Transmit any Content (including resumes, job postings, emails and cover letters) that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, offensive, obscene, pornographic, lewd, lascivious or otherwise objectionable, as determined by Merlin;
- Provide information which is incorrect or misleading;
- Use a name or language that Merlin, in its sole discretion, deems offensive;
- Post false, inaccurate, misleading, defamatory or libelous Content (including without limitation personal information);
- Post hateful or racially or ethnically objectionable Content;
- Post Content which infringes another’s copyright, trademark, trade secret or other intellectual property rights or other rights of any entity or person;
- Post unsolicited advertising, unlawfully promote products or services, solicit funds or sponsors or use the Website for any commercial solicitation purposes;
- Copy, collect, interfere with, distribute or disclose any part of the Website or Services or User Information, including through any automated or non-automated “scraping” whether by robots, spiders, scripts, scrapers, crawlers or any other automated or manual equivalent;
- Use or provide software (except general purpose web browsers and email clients) or services that interact or interoperate with Merlin for downloading, uploading, creating an Account, accessing an Account, using an Account, posting, searching or mobile use;
- Post or submit any Content that contains inaccurate personal information or misrepresents Your identity or past experience or is otherwise incomplete or false;
- Harass, threaten or intentionally embarrass or cause distress to another User;
- Impersonate another User, post any User Content or apply for a job on behalf of another party, misrepresent Your affiliation with a person or entity, conduct fraud or hide or attempt to hide Your identity;
- Exploit children under 18 years of age;
- Engage in disruptive activity such as transmitting spam, chain letters or other unsolicited emails;
- Introduce viruses, worms, Trojan horses and/or harmful code into the Website;
- Obtain unauthorized access to any computer system or Confidential Information (as defined below) through the Website;
- Transfer or share Your Account and Login Credentials with another party without Merlin’s consent;
- Harvest or otherwise collect information about Users, including personal information, without their consent;
- Invade the privacy of any person, including without limitation posting personally identifying or otherwise private information about a person without their consent (or their parent’s consent in the case of a child under 18 years of age);
- Solicit personal information from children under 18 years of age or solicit passwords from other Users;
- Violate any federal, state, local or international law or regulation, including, without limitation, those relating to labor and employment, equal employment opportunity and work authorization, if and to the extent applicable; or
- Encourage conduct that would constitute a criminal or civil offense.
- Confidential Information
Employer, Applicant and Merlin (each a “Party,” and collectively, “Parties”) agree and acknowledge that each Party shall keep strictly confidential any information that a Party (“Recipient”) accesses on the Website or is otherwise made available to the Party by another Party (“Disclosing Party”), including without limitation information concerning any aspect of the Services, any User Content, any job posting or any work sought or offered through Merlin, as well as any information regarding the identity, business, operations, trade secrets or other proprietary information of any Party (“Confidential Information”), using at least the same degree of care that such Party would use to protect his, her or its own confidential or proprietary information of a similar nature but in no event less than reasonable care. Each Party agrees to not use the Confidential Information except for the purposes set forth in these Terms of Service including for the purposes of any relationship between Employer and Applicant and to not disclose or disseminate any Confidential Information to any person at any time, except to those of such Party’s directors, officers, employees, accountants, attorneys, advisers and agents whose duties reasonably require them to have access to such Confidential Information and are bound by obligations of confidentiality at least as stringent as those herein.
- Limitations on Obligations
Notwithstanding Section 8(a), “Confidential Information” shall not include any information: (a) that is generally available to the public or becomes generally available without the Recipient or Recipient’s representatives violating these Terms of Service; (b) which is lawfully received by Recipient on a nonconfidential basis from a third party that is not itself under any obligation of confidentiality or nondisclosure; (c) that can be shown to have been independently developed by Recipient without reference to the Confidential Information of any other Party; or (d) that is in Recipient’s possession at the time of disclosure by the Disclosing Party, unless such information was previously disclosed pursuant to a confidentiality obligation or hereunder.
Merlin may require You to agree to a non-disclosure agreement prior to sharing certain other information with You. Any such non-disclosure agreement between You and Merlin shall apply to information shared in connection with the Website or Services, unless otherwise provided in such non-disclosure agreement.
- Separate Agreement
Notwithstanding Section 8(a), an Employer and Applicant may agree to a separate agreement between Employer and Applicant with obligations regarding the protection and disclosure of any Confidential Information, and the provisions of any such agreement shall override Section 8(a), as between those parties, unless stated otherwise in such agreement.
- Relationships Among Employer, Applicant and Merlin
To the extent that an Employer offers work to an Applicant through the Website, it is Employer’s sole responsibility to determine the appropriate work classification status of such Applicant under applicable law (whether as an employee, independent contractor or otherwise), whether such Applicant is eligible and/or authorized under applicable law to perform work for the Employer, and whether such Applicant is otherwise eligible for or entitled to any rights or benefits from Employer under applicable law. Merlin shall not be involved in any such determinations and disclaims any responsibility for doing so. In the event that a dispute arises between an Employer and Applicant about any such determination(s), Employer and Applicant are solely responsible for resolving such dispute between themselves and Merlin shall not be liable for any claims related to such dispute.
- Specific Provisions
- Provisions Specific to Applicants
As an Applicant, You can use Merlin to search for jobs, apply to Job Listings posted by Employers and display Your Profile (which may include Your resume) to other Users.
If and to the extent that You utilize the Website as an Applicant:
i. You represent and warrant to Merlin that any information You provide in Your Profile, resume or in any other manner through the Website is complete and accurate and will be updated from time to time to remain complete and accurate while You are a User of the Website;
ii. You represent and warrant to Merlin that, for each job posting to which You apply, You have the right under applicable law to provide the services set forth in the description in such job posting either Yourself or on behalf of Your Employer for the purposes of these Terms of Service;
iii. You acknowledge and agree that You are solely responsible for any interactions with Employers that You contact, or that contact You. You understand that there are risks inherent in dealing with unknown people or entities who may be acting under false pretenses, and that to mitigate such risks, You should only list the personal information that You are comfortable disclosing to Employers and other Users;
iv. You acknowledge and agree that you are transmitting, displaying and sharing Your personal information at Your own risk, and that Merlin cannot guarantee that any information You display through the Website or otherwise share with an Employer will be held in confidence or used for its proper purpose. You acknowledge and agree that Merlin is not responsible for the conduct of any Employer; and
v. You acknowledge and agree that Merlin may display advertisements on the Website or in connection with Your Account without any payment obligation to You.
- Provisions Specific to Employers
As an Employer, You can use Merlin to publish a job announcement, search for or communicate with Applicants (including through emails and video interviews) and contact Applicants for face-to-face interviews. If and to the extent You utilize the Website as an Employer:
i. You represent and warrant to Merlin that You will not use the Website or Services to post or promote any position that contains inaccurate, false or misleading information; includes any screening criteria that violates applicable law and/or where such requirement does not actually exist; involves any franchise, pyramid scheme, club membership, distributorship or multi-level marketing scheme; or requires Applicants to pay in order to apply to such job;
ii. You represent and warrant to Merlin that Your Use of the Website or Services will comply with applicable law;
iii. You represent and warrant to Merlin that You are authorized to offer work on behalf of Yourself or for the person or entity You represent, and that You will only publish a job posting or communicate with or interview Applicants to the extent You are authorized or have been authorized by such person or entity;
iv. You acknowledge and agree that Merlin may remove any Job Listings or other Content that Merlin determines, in its sole discretion, violates or may violate these Terms of Service or applicable law, or that may adversely affect Merlin or any other User;
v. You agree to implement appropriate physical, technical and other measures to protect any Confidential Information of an Applicant, including resumes and video interviews, from loss, misuse, unauthorized access, disclosure, alteration or destruction;
vi. You acknowledge and agree that You are responsible for all acts or omissions of any of Your personnel that have an Account to use Merlin, You agree to ensure that such personnel comply with these Terms of Service and applicable law, and You agree to promptly notify Merlin of any actual or suspected violation of these Terms of Service, including security breaches, and to cooperate with Merlin in subsequent investigations of such personnel; and
vii. You acknowledge and agree that Merlin may display advertisements on the Website or in connection with Your Account without any payment obligation to You.
Merlin is only a platform for connecting Employers and Applicants. You are solely responsible for understanding and evaluating any tax liability arising out of any work relationship formed through use of the Website. Merlin cannot and does not offer tax advice to Users; Merlin recommends that You consult with a tax advisor instead. You are solely responsible for any taxes arising from Your use of the Website, any Content contained therein, and for the Services that You request or perform therein, excluding Merlin’s income.
Users exclusively and solely agree to comply with applicable state, federal and international laws, and to assume all responsibility for making payments related to social security, unemployment insurance, disability insurance or worker’s compensation insurance. Merlin disclaims any responsibility for the foregoing, and Employer and Applicant each agree to indemnify and hold Merlin harmless against such taxes or contributions.
The Website is only a venue for connecting Users, and except to the extent, if any, that Merlin serves as a communications platform enabling Employers and Applicants to connect or offers any other Services to Employers or Applicants, Merlin does not take part in any interaction between Employers and Applicants. As a result of Merlin’s limited involvement in the contact between Employer and Applicant, in the event that You have a dispute of any kind with one or more Users, You hereby release Merlin and Merlin’s affiliates, agents, directors, officers, employees, investors, suppliers and licensors from any and all claims, demands or damages (actual or consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such dispute.
Merlin expressly disclaims any liability or claims that may arise between Users of its Website or Services.
If You are a California resident, You hereby waive California Civil Code Section 1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
- Disclaimer of Warranty
Merlin disclaims all liability in connection with any interactions, correspondences, transactions and other dealings that You have with any third parties including without limitation Employers or Applicants found on or through the Website (including on or via linked websites or advertisements). Any such interactions, correspondences, transactions and other dealings are solely between You and the third party (including without limitation issues related to the content of third party advertisements, payments, Services, warranties, which include product warranties, privacy and data security and the like). Under no circumstances will Merlin be liable for any loss or damage caused by Your reliance on information in any Content on this Website. It is Your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through this Website. You are responsible for seeking the advice of legal, financial or other professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other Content.
You acknowledge that the Website and ALL SERVICES, TEXT, IMAGES AND OTHER INFORMATION ON OR ACCESSIBLE FROM THIS WEBSITE ARE PROVIDED “AS IS” and are based in part on USER CONTENT provided by EMPLOYERS AND APPLICANTS, which IS not verified by MERLIN, and that any work OR APPLICANT OFFERED OR acquired through the use of the Website OR SERVICES is UNDERTAKEN at Your sole risk and discretion. MERLIN and MERLIN’s affiliates, agents, directors, officers, employees, investors, suppliers and licensors are not liable or responsible for any result generated through the use of the Website OR SERVICES. EXCEPT AS SET FORTH IN THIS SECTION 13, MERLIN PROVIDEs NO OTHER WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITATION, none of MERLIN OR MERLIN’s affiliates, agents, directors, officers, employees, investors, suppliers OR licensors WARRANT THAT: (i) THE INFORMATION AVAILABLE ON THIS WEBSITE OR THROUGH THE SERVICES IS FREE OF ERRORS; (ii) THE FUNCTIONS OR SERVICES (INCLUDING BUT NOT LIMITED TO MECHANISMS FOR THE DOWNLOADING AND UPLOADING OF CONTENT) PROVIDED BY THIS WEBSITE WILL BE UNINTERRUPTED, SECURE OR FREE OF ERRORS; (iii) DEFECTS WILL BE CORRECTED; OR (iv) THIS WEBSITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WITHOUT LIMITING THE FOREGOING, none of MERLIN OR MERLIN’s affiliates, agents, directors, officers, employees, investors, suppliers OR licensors MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR SERVICES, OR AS TO THE TIMELINESS, ACCURACY, RELIABILITY, COMPLETENESS OR CONTENT OF ANY SERVICEs, INFORMATION OR MATERIALS PROVIDED THROUGH OR IN CONNECTION WITH THE USE OF THE WEBSITE OR SERVICES.
None of Merlin or Merlin’s affiliates, agents, directors, officers, employees, investors, suppliers or licensors is responsible for the conduct, whether online or offline, between Employers and Applicants.
None of Merlin or Merlin’s affiliates, agents, directors, officers, employees, investors, suppliers or licensors guarantee that any of Your personal information, including without limitation User Information provided by You, whether accurate or not, will not be misappropriated, intercepted, deleted, destroyed or used by others.
By using this Website or any of our Services, You agree to indemnify, hold harmless and, at Merlin’s option, defend Merlin from any claims, damages, losses, liabilities and all costs and expenses of defense, including but not limited to attorneys’ fees, resulting directly or indirectly from a claim by another User or any third party that arises in connection with Your use of this Website or Services, Your offer, provision or performance of work to or for another User or Your acts or omissions in connection with any arrangement between You and another User.
- Limitation of Liability
Merlin will make commercially reasonable efforts to secure its Website, understanding, however, that Merlin may rely on information provided to it by Users and contained in their Profiles, and that mistakes and security breaches such as hacking can nonetheless occur. User acknowledges and agrees that Merlin will bear no liability to User for any matter or claim arising from the foregoing.
IN NO EVENT SHALL MERLIN BE LIABLE TO ANY USER OF THIS WEBSITE OR SERVICES OR ANY OTHER PERSON OR ENTITY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE OR COSTS OF OBTAINING SUBSTITUTE GOODS OR SERVICES ARISING OUT OF THE USE, INABILITY TO USE, UNAUTHORIZED ACCESS TO OR USE OR MISUSE OF THE WEBSITE OR ANY INFORMATION CONTAINED THEREON, WHETHER BASED UPON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF MERLIN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
YOU AGREE AND ACKNOWLEDGE THAT MERLIN’S TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THESE TERMS OF SERVICE, THE WEBSITE, THE CONTENT OR SERVICES OR WORK REQUESTED OR RENDERED BETWEEN EMPLOYER AND APPLICANT, WHETHER IN CONTRACT, TORT OR OTHERWISE, SHALL NOT EXCEED $10 IN THE AGGREGATE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
- Mobile App
By using the Merlin downloadable mobile application (“Merlin App”), You agree that all of the terms and conditions found herein apply to Your use of the Merlin App. Additionally, You agree that the Merlin App may send You push notifications, if You turn on receipt of notifications and/or sign up to receive notifications. The Merlin App may also send You autodialed SMS/text messages to the telephone number You provide, if You consent to receive such messages. Your carrier’s normal messaging, data and other rates and fees will apply to these communications. You may opt-out of receiving SMS/text messages at any time by replying STOP to any message or, when such functionality is available on the Merlin App, by updating your settings in the Merlin App. You further acknowledge that Your use of the Merlin App may require use of Your data plan from Your cellular provider. You are responsible for payment of all data usage accrued based on Your use of the Merlin App, and Merlin disclaims all responsibility for such data usage. In addition, if You allow the Merlin App to utilize location services, the Merlin App may collect Your geographic location to set Your location for use of the Services.
- Third-Party Websites, Products, or Services
- Links to Third Party Websites
This Website may contain links to non-Merlin websites that are provided to You as a convenience. Any outside website accessed from the Website is independent from Merlin, and Merlin has no control over the content of such websites. Merlin is not responsible for the content of any linked website or for any loss or damage incurred in connection with Your use of such links or dealings with the operators of such non-Merlin websites.
- No Implied Endorsements
In no event shall any reference to any third party or third party product or service be construed as an approval or endorsement by Merlin of that third party or of any product or service provided by a third party. Likewise, a link to a non-Merlin website does not imply that Merlin endorses or accepts any responsibility for the content or use of such website. Merlin does not endorse, warrant or guarantee any product or service offered by any third party through an online messaging service or link accessible through this Website and will not be a party to or in any way monitor any transaction involving any third party providers of products or services. As with the purchase of a product or service through any medium or in any environment, You are responsible for exercising appropriate judgment and caution.
- Termination by Merlin
Except for any then-current fee-bearing Subscription Periods, Merlin may terminate any User’s access to the Website, in Merlin’s sole discretion, for any reason and at any time, with or without prior notice. It is Merlin’s policy to terminate Users who violate these Terms of Service, as deemed appropriate in Merlin’s sole discretion, but Merlin may also terminate access as provided for in the preceding sentence. Merlin may terminate Your access to the Website and/or the Services if You are not a current subscriber to a fee-bearing Subscription Period and do not use Your Account for a lengthy period, as determined by Merlin from time to time in its sole discretion. You agree that Merlin is not liable to You or any third party for any termination of Your access to the Website or the Services. You may not be entitled to create a new Account to access the Website if Merlin has terminated Your prior Account. Merlin may also prohibit certain Users from re-registering with the Website, at Merlin’s sole discretion.
- Termination by You
You may terminate Your Account at any time by following terminating your Account on our Website; provided that You remain subject to the commitments You make with respect to any then-current fee-bearing Subscription Periods. You may choose to terminate Your service or cancel the Subscription and future automatically renewing Subscription Periods at any time; however, Merlin does not issue refunds for unused Subscription Periods. Please note that after deleting Your Account, Your Profile, resume and other User Content will no longer be visible to other Users; however, if any User Content was previously accessed by Users, we are unable to delete such information from their systems.
Provided that You deleted Your Account or You allowed Your Account to lapse by not using Your Account for a sufficiently long period, You may reactivate Your Account by following the process set forth by Merlin from time to time, during a time period established by Merlin from time to time following the deletion or deactivation of Your Account. If Your Account may no longer be reactivated, Merlin may, in its discretion, permit You to create a new account.
In addition to accrued obligations, the following sections will survive the termination or expiration of these Terms of Service: Sections 6(a) (Website Content), 6(b) (User Content), 8 (Confidentiality), 11 (Taxes), 12 (Release), 13 (Disclaimer of Warranty), 14 (Indemnification), 15 (Limitation of Liability), 16 (Exclusions), 19(d) (Survival), 20 (Governing Law), 21 (Agreement to Arbitrate) and 22 (Miscellaneous).
- Governing Law
These Terms of Service shall be governed and interpreted pursuant to the laws of the State of New York, United States of America, excluding: its conflicts of laws principles; the United Nations Convention on Contracts for the International Sale of Goods; the 1974 Convention on the Limitation Period in the International Sale of Goods; and the Protocol amending the 1974 Convention, done at Vienna April 11, 1980, except that the Federal Arbitration Act shall govern the interpretation and enforcement of the arbitration provisions set forth below. Unless You and we agree otherwise, in the event that Section 21 is found not to apply to You or to a particular claim or dispute, either as a result of Your decision to opt-out of the Arbitration Procedures (as defined below) or as a result of a decision by the arbitrator or a court order, You agree that any claim or dispute that has arisen or may arise between You and us must be resolved exclusively by a state or federal court located in the City of New York, except that You or we are permitted (1) to bring small claims actions in state court in the county in which you reside if such court has a small claims procedure; (2) to bring claims for injunctive relief in any court having jurisdiction over the parties; or (3) to seek enforcement of a judgment in any court having jurisdiction over the parties. To the extent permitted by law, You and we agree to waive trial by jury in any court proceeding.
- Agreement to Arbitrate
You may opt out of this Agreement To Arbitrate. If you do so, neither You nor we can require the other to participate in an arbitration proceeding. To opt out, You must notify us in writing within thirty (30) days of the date that You first became subject to this arbitration provision. The opt-out notice must state that You do not agree to the Agreement To Arbitrate and must include Your name, address, phone number, Your Merlin account to which the opt-out applies and a clear statement that You want to opt out of this Agreement To Arbitrate. You must sign the opt-out notice for it to be effective. This procedure is the only way you can opt out of the Agreement To Arbitrate. You must use this address to opt out:
ATTN: Arbitration Opt-out
19 W. 24 th Street, 10 th Floor
New York, NY 10010
This Arbitration section will survive the termination of Your relationship with Merlin.
- Jurisdictional Issues
Merlin makes no representations that information on this Website or through the Services is appropriate or available for use outside the United States. If You choose to access this Website or the Services from outside the United States, You do so on Your own initiative and at Your own risk and You agree and acknowledge that You are responsible for complying with all applicable United States laws as well as Your local laws and regulations. If You transact business through this Website or the Services with a party that is located outside the United States, You agree and acknowledge that You do so voluntarily, that You are responsible for complying with all applicable United States laws as well as any local laws and regulations that may impact Your transaction and You understand that Merlin disclaims all responsibility related to such transaction.
If any part of these Terms of Service is held to be unlawful, void or unenforceable, that part will be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
- Entire Agreement
These Terms of Service constitute the entire agreement between, or, as appropriate, among, the Parties relating to the subject matter herein. Merlin may, at Merlin’s sole discretion, revise these Terms of Service at any time by updating this posting and providing reasonable notice to You.
- Assignment; Relationship
You may not assign or delegate any of Your rights or obligations hereunder without Merlin’s prior written consent, and any such attempt is void. Merlin may freely assign or delegate its rights and obligations hereunder without notice to You. Additionally, Merlin may assign any agreement between You and Merlin to any related Merlin entity by informing you of such assignment. Merlin and You are not legal partners or agents, but are independent contractors.
- Additional Information
If You have any questions about these Terms of Service or our Website or Services, please contact us at firstname.lastname@example.org.
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