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Please carefully read these terms of use and legal restrictions ("Terms") before using this Web site. By using this Web site, you indicate your agreement to these Terms. If you do not accept these terms and conditions, please do not use this Web site.
1. Copyright and Proprietary Rights
This World Wide Web site (the "Meriwest Site") is the property of Meriwest Credit Union ("Meriwest") and is protected by United States and international copyright laws. All copyright, trademark, and other proprietary rights in the Meriwest Site and in the software, text, graphics, design elements, audio and all other materials originated or used by Meriwest or at the Meriwest Site ("Meriwest Information") are reserved to Meriwest and its licensors.
2. Use of Meriwest Information
Meriwest authorizes you to download or copy Meriwest Information, provided that you retain all copyright and other proprietary notices contained in the original materials on any copies of the materials and that you comply strictly with these Terms. You may not modify, edit or take out of context Meriwest Information such that its use creates a false or misleading statement or impression as to the positions, statements or actions of Meriwest. Except as specifically permitted pursuant to Section 3 below, you may not use Meriwest Information for any commercial purposes. If you breach any of these Terms, your authorization to use Meriwest Site automatically terminates and you must immediately destroy any downloaded or printed materials.
3. Linking to the Meriwest Site
Meriwest, in its sole discretion, may accept or reject any request to link to or mirror the Meriwest Site. Under most circumstances, links to the Meriwest Site are permitted, provided that you comply with the following requirement
a. You may not frame or alter the appearance of the Meriwest Site.
b. You may not state or imply that Meriwest endorses, sponsors or otherwise approves your site or any other sites.
c. You may not use any of Meriwest's trademarks or logos (collectively "Marks") without the prior written consent of Meriwest.
d. You may link to specific pages of Meriwest Site but the responsibility of keeping these links updated remains with you. Meriwest retains the right to delete or relocate any links without notice to you.
e. You may use the title of the Meriwest Site's pages only in the hyperlink to that specific page. You may not use the title in any descriptive terms or in referencing any other pages on your own site or any other site(s).
f. You may not copy text from the Meriwest Site verbatim, nor are you permitted to translate the text verbatim into any other language.
g. You may not present false information about Meriwest nor make negative or disparaging references regarding Meriwest.
h. You acknowledge the validity of Meriwest's ownership in all Marks and will not contest such ownership or the validity of any registrations of Meriwest relating to the Marks. If you acquire any goodwill or reputation in any of the Marks, all such goodwill or reputation will automatically vest in Meriwest when and as such goodwill or reputation occurs. You agree to take all actions necessary to effect such vesting.
i. You are prohibited from using the Marks or any names, marks or other materials in a manner which is likely to cause confusion with, dilute or damage the reputation or image of Meriwest.
j. You must abide by all of the Terms set forth herein. Meriwest reserves the right to terminate this consent to use its Marks and/or link to its Web site. You agree to immediately cease and desist using the Marks and/or linking to the Meriwest Site upon written or electronic request from Meriwest. The trademarks, logos, and service marks not owned on behalf of Meriwest and that may be displayed on the Meriwest Site are the registered and unregistered marks of their respective owners. No rights are granted by Meriwest to use such marks, whether by implication, estoppel, or otherwise.
4. Links from the Meriwest Site to other Web sites
Some links used on these Web pages will take you outside the Meriwest Site. Although these links were established to provide you with access to useful information, Meriwest does not control and is not responsible for any of these sites or their contents. Meriwest does not endorse or make any representations about using such third party sites or any information, software or other products or materials found there, or any results that may be obtained from using them. Meriwest is not liable for any failure of products or services advertised on linked sites. If you decide to access any of the third party sites linked to the Meriwest Site, you do this entirely at your own risk. Meriwest is not responsible for the security or privacy practices of the linked sites. Meriwest urges you to review the privacy policies of each of the linked websites you visit before you provide them with any personal information. Links to these sites from the Meriwest Site may be discontinued by Meriwest in its sole discretion at any time for any reason.
5. Passport Lifestyle Program
Each Passport Lifestyle program provider is wholly independent from Meriwest and Meriwest makes no representation, warranty or promise whatsoever, and assumes no responsibility, regarding the services or products offered in connection with the Meriwest Passport Lifestyle program or otherwise. Neither Meriwest nor the companies listed are partners or joint ventures with one another and nothing may be construed to make them partners or joint ventures or impose any liability as such on either of them. Various conditions and restrictions apply to all offers and offers are subject to change without notice.
6. Disclaimer
No warranties of any kind are made with respect to the Meriwest Site and Meriwest Information. ALL INFORMATION PROVIDED AT THE MERIWEST SITE IS PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. Meriwest further does not warrant the accuracy and completeness of the information at the Meriwest Site. Meriwest may make changes to the materials at the Meriwest Site, to the location of the Meriwest Site, or may discontinue the Meriwest Site at any time without notice. The materials at the Meriwest Site may be out of date, and Meriwest makes no commitment to update the materials at the Meriwest Site. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.
7. Choice of Law, Jurisdiction, and Enforcement
These Terms shall be governed by and construed in accordance with the laws of the State of California, U.S.A., without reference to any conflict of law principles. You hereby consent to venue in and jurisdiction of the state and federal courts sitting in the State of California. Notwithstanding anything to the contrary, Meriwest shall have the right to elect in its sole discretion the forum for any lawsuit arising hereunder brought by Meriwest. Because you shall have access to the Marks and other valuable proprietary materials of Meriwest, you agree that Meriwest shall have the right to enforce these Terms and any of its provisions by injunction (without being required to show any actual damage or to post an injunction bond), specific performance or any other equitable relief without prejudice to any other rights and remedies that Meriwest may have for the breach of these Terms. If any provision of these Terms is for any reason found by a court of competent jurisdiction to be unenforceable, the remainder of these Terms shall continue in full force and effect.
8. Limitation of Liability
IN NO EVENT WILL MERIWEST, ITS SUPPLIERS, AGENTS, CONTRACTORS OR OTHER THIRD PARTIES MENTIONED AT THE MERIWEST SITE BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR MULTIPLE DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE MERIWEST SITE, ANY WEB SITES LINKED TO THE MERIWEST SITE, OR THE MATERIALS OR INFORMATION CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS OR INFORMATION FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
9. Limitation of Claims
Any action on any claim against Meriwest must be brought by the user within one (1) year following the date the claim first accrued, or shall be deemed waived.
General
Meriwest may revise these Terms at any time by updating this posting. You should visit this page from time to time to review the then-current Terms because they are binding on you. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages at the Meriwest Site.
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