TERMS AND CONDITIONS

This web site is provided to you as a service by Marlin and MarlinArt.com (“Marlin”). By accessing this site, you indicate your knowledge and acceptance of the following terms and conditions:

1. LIABILITY RESTRICTIONS
ALL INFORMATION ON THIS SITE IS PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY.  This site utilizes information prepared by Marlin from internal and external sources, which Marlin believes to be reliable information.  However, Marlin does not represent that this information is accurate or complete or remains up-to-date since its initial posting.  It is your responsibility to evaluate the accuracy, completeness or usefulness of any information available through this Site.  Marlin is not responsible for the content of any off-site pages or other sites linked to the Site and shall not be liable for any damages or injury arising out of access to or use of such content.  Any links to other sites are not intended as referrals or endorsements, but are merely provided to the users of the Site for convenience and informational purposes.

Marlin makes no representations or warranties that Site content is applicable or appropriate for use in locations outside of the United States of America.

Neither Marlin nor any other party involved in creating, producing or delivering the Site shall be liable for:  1) any loss or injury caused, in whole or party, by its actions, omissions or negligence, or for contingencies beyond its control, in procuring, compiling, or delivering the Materials or other matters presented at the Site; 2) any errors, omissions, or inaccuracies in the Materials or other matters presented at the Site regardless of how caused, or delays or interruptions in delivery of the Materials or other matters presented at the Site; 3) any decision made or action taken or not taken in reliance upon the Materials or other matters presented at the Site; or 4) any damages or injury resulting from your access to this Site, including, but not limited to, damage to or failure by your computer equipment or other property, communication line failures, computer viruses, or inability to access this Site; or 5) any other direct, incidental, consequential, indirect or punitive damages or losses, whether in contract, tort or otherwise, arising out of access to or use of the Site.

Although Marlin may from time to time monitor or review discussions, chat rooms, postings, transmissions, bulletin boards and the like on the Site, Marlin is under no obligation to do so and assumes no responsibility or liability arising from the content of any matter presented at such locations nor for any erroneous, defamatory, libelous or slanderous matters, or any omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy contained in any information within such locations on the Site.  You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to the civil liability, or otherwise violate any law.  Marlin will fully cooperate with any law enforcement authorities or court order requesting or directing Marlin to disclose the identity of anyone posting any such information or materials.

For purposes of this limitation of liability section, “Marlin” shall include Marlin Art, Inc. and its divisions, subsidiaries, successors, assigns, parent companies, and their employees, partners, principals, agents and representatives, and any third-party providers or sources of information or data.

2. PRIVACY
Marlin is committed to protecting personal user information and therefore adheres to the highest ethical standards in gathering, using and safeguarding user information entrusted to the company.  Marlin will not rent, sell or exchange user information.   Access to information about Marlin users/clients is restricted to the Marlin family of businesses.  Marlin may collect and store certain navigational and transactional information, such as the number of times you access this Site and the duration of such access.  Such information is for internal purposes only and will not be disclosed to third parties, except if necessary to comply with applicable law or valid legal process.  Outside parties that need access to Marlin user information in order to provide support services to Marlin must agree to safeguard user/client information according to Marlin policy.

3. SUBMISSIONS TO THIS SITE
Any information, ideas, suggestions, communications or the like sent to Marlin through this Site are and will be treated as non-confidential and non-proprietary.  You acknowledge and agree that Marlin is entitled to use, reproduce, disclose, publish, post, broadcast and/or otherwise distribute or use any information submitted or posted by you for any purpose and in any medium whatsoever, now known or hereafter developed, without restriction, compensation, or attribution to the person sending or posting the submission.  You represent and warrant the accuracy and originality of any submission communicated by you to Marlin and agree to indemnify and hold Marlin harmless from any claims or damages arising out of its accuracy, appropriateness, and legality.

4. PASSWORD PROTECTED AREAS
Access to and use of password-protected and secure areas of this Site is restricted to authorized users only.  You will be responsible for any use of your password and for maintaining the confidentiality of your password.

5. TERMINATION
Marlin reserves the right to terminate your access to the Site at Marlin’s sole discretion.  In the event of a termination, Marlin shall have no liability to you and no refund for any pre-paid amounts will be given.

6. CONTENT CHANGES
Marlin may make changes to the information on the Site, or to the services described therein, at any time without notice.  You should periodically visit this page to review the then current Terms and Conditions to which you are bound and verify information obtained from this Site before you act upon it by calling Marlin, or your financial advisor.

7. MODIFICATIONS/PRIOR AGREEMENTS
This Agreement supersedes any agreements concerning the subject matter of this Agreement and may not by modified except in writing.

8. APPLICABLE LAW
Your use and access of this Site shall be governed by New York law, without giving effect to its conflict of law principles.  You hereby agree that any legal action arising out of or relating to this Site shall be brought only in the federal or state courts in the State of  New York.  You hereby agree that jurisdiction and venue are proper in such courts.  This Site is not intended for distribution to or use by any person in any jurisdiction or country where such distribution or use would be contrary to local law or regulation.