Legal Disclaimers and Limitations
Responsibility of Website Users
Merengue has not reviewed for accuracy, all of the material, available on or by means of this or any of Merengue’s other websites. Much of the information available on Merengue’s websites is aggregated from other sources. Merengue has made a reasonable effort to relay this information accurately, however, SIGNIFICANT INACCURACIES AND ERRORS MAY EXIST in the information provided by the Merengue websites. For this reason, the use of the information is not permitted in any manner wherein inaccurate or erroneous information might result in harm or any adverse effect to the user or a third party. Merengue’s websites may contain content that is offensive, indecent or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes and other errors. Merengue expressly disclaims any responsibility for any harm resulting from the use by Merengue’s visitors of Merengue’s websites, or from any downloading by those visitors of content available on or by means of Merengue’s websites.
Content contained on Merengue’s websites, including these Legal Disclaimers and Limitations, may be changed at the sole discretion of Merengue and without notice. You are bound by any such updates or changes, and so should periodically review these Legal Disclaimers and Limitations.
Content Posted on Other Websites
Merengue has not reviewed, and cannot review, all of the material, including computer software and other downloadable material, made available through the websites and webpages to which Merengue’s websites link, and that link to Merengue’s websites. Merengue does not have any control over those non-Merengue websites and webpages, and is not responsible for their contents or their use. By linking to a non-Merengue website or webpage, Merengue does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses and other harmful or destructive content. Merengue disclaims any responsibility for any harm resulting from your use of non-Merengue websites and webpages.
LIMITATION OF WARRANTIES OF MERENGUE
EXCEPT AS OTHERWISE EXPRESSLY STATED, INCLUDING BUT NOT LIMITED TO IN A LICENSE OR OTHER AGREEMENT GOVERNING THE USE OF SPECIFIC CONTENT, ALL CONTENT LOCATED AT OR AVAILABLE FROM MERENGUE’S WEBSITES IS PROVIDED “AS IS,” AND MERENGUE, ITS CONTRACTORS AND ITS LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OF PROPRIETARY RIGHTS. WITHOUT LIMITING THE FOREGOING, MERENGUE, ITS CONTRACTORS AND ITS LICENSORS MAKE NO REPRESENTATION OR WARRANTY THAT CONTENT LOCATED AT MERENGUE’S WEBSITES IS FREE FROM ERROR OR SUITABLE FOR ANY PURPOSE; NOR THAT THE USE OF SUCH CONTENT WILL NOT INFRINGE ANY THIRD PARTY COPYRIGHTS, TRADEMARKS OR OTHER INTELLECTUAL PROPERTY RIGHTS. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT THROUGH MERENGUE’S WEBSITES AT YOUR OWN DISCRETION AND RISK, AND THAT MERENGUE, ITS CONTRACTORS AND ITS LICENSORS WILL HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH CONTENT. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY OF MERENGUE
EXCEPT AS OTHERWISE EXPRESSLY STATED, INCLUDING BUT NOT LIMITED TO IN A LICENSE OR OTHER AGREEMENT GOVERNING THE USE OF SPECIFIC CONTENT, IN NO EVENT WILL MERENGUE, ITS CONTRACTORS OR ITS LICENSORS BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, REGARDLESS OF THE BASIS OR NATURE OF THE CLAIM, RESULTING FROM ANY USE OF MERENGUE’S WEBSITES, OR THE CONTENTS THEREOF OR OF ANY HYPERLINKED WEB SITE, INCLUDING WITHOUT LIMITATION ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA OR OTHERWISE, EVEN IF MERENGUE, ITS CONTRACTORS OR ITS LICENSORS WERE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
General Representation and Warranty
You agree to defend, indemnify and hold harmless Merengue, its contractors and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of Merengue’s websites, including but not limited to out of your violation of any representation or warranty contained in these Legal Disclaimers and Limitations.
Responsibility of Contributors. Those who post material to, provide links to material from, or otherwise make material available by means of Merengue’s websites (“Contributors”) are entirely responsible for the content of, and any harm resulting from, that material. By acting as a Contributor, you represent and warrant that:
- the downloading, copying and use of the materials you make available will not infringe the proprietary rights, including but not limited to intellectual property rights, of any third party;
- you have fully complied with any third-party licenses relating to such materials, and have done all things necessary to successfully pass through to end users any required terms;
- the materials you make available do not contain any viruses, worms, Trojan horses or other harmful or destructive content;
- the materials you make available are not obscene or libelous, and do not violate the right of privacy or publicity of any third party; and
- you have, in the case of computer code, accurately categorized and described the type and nature of the materials if and when requested by Merengue to do so.
Without limiting any of those representations or warranties, Merengue has the right (though not the obligation) to, in Merengue’s sole discretion: (a) remove any content that, in Merengue’s reasonable opinion, violates any Merengue policy or is in any way harmful or objectionable; or (b) require changes in any license agreement relating to any materials made available by any Contributor.
Digital Millennium Copyright Act Notice
If you believe that content available by means of one of Merengue’s websites infringes one or more of your copyrights, please immediately notify Merengue’s Copyright Agent by means of a mailed or faxed notice (“Infringement Notice”) providing the information described below to the address or fax number listed below. If Merengue takes action in response to an Infringement Notice, it will make a good faith attempt to contact the party that made such content available by means of the most recent email address, if any, provided by such party to Merengue. Please be advised that you may be held liable for damages based on certain material misrepresentations contained in an Infringement Notice. Thus, if you are not sure content located on or linked-to by the Website infringes your copyright, you should consider first contacting an attorney.
All Infringement Notices should include the following:
- A signature, electronic or physical, of the copyright owner or a person authorized to act on their behalf;
- An identification of the copyright claimed to have been infringed;
- A description of the nature and location of the content that you claim to infringe your copyright, in sufficient detail to permit Merengue to find and positively identify that content;
- Your name, address, telephone number and email address; and
- A statement by you: (i) that you believe in good faith that the use of the content that you claim to infringe your copyright is not authorized by law, or by the copyright owner or such owner’s agent; and, (ii) under penalty of perjury, that all of the information contained in your Infringement Notice is accurate, and that you are either the copyright owner or a person authorized to act on their behalf.
Infringement Notices should be sent to the following:
Consulting Merengue, LLC.
P.O. Box 1922
Los Alamitos, CA 90720
Attn: Legal: DMCA Notice