AGREEMENT BETWEEN MERRICK LENDING USERS AND MERRICK BANK
Merrick Lending website is offered to you conditioned upon your acceptance without
modification of the terms, conditions, and notices contained herein. Your use of
the Merrick Lending website constitutes your agreement to all such terms, conditions,
Modification of these Terms and Conditions of Use
is the owner of the MerrickLending.com website and reserves the right to change
the terms, conditions, and notices under which and for loan products advertised
on its website. You are responsible for regularly reviewing these terms and conditions.
Personal and Non-Commercial Use Limitation
Unless otherwise specified, the Merrick Lending website is for your personal and
non-commercial use. You may not modify, copy, distribute, transmit, display, perform,
reproduce, publish, license, create derivative works from, transfer, or sell any
information, software, products or services obtained from the Merrick Lending website.
Links to Third Party Sites
The Merrick Lending website may contain links to other websites ("Linked Sites").
Merrick Bank is not responsible for the contents of any Linked Sites, including
without limitation any link contained in a Linked Site, or any changes or updates
to a Linked Site. Links are provided only as a convenience, and the inclusion of
any link does not imply endorsement by Merrick Bank of the site or any association
with its operators. Your visit to a Linked Sites is at your own risk.
No Unlawful or Prohibited Use
As a condition of use of the Merrick Lending website, you warrant to Merrick Bank
that you will not use the Merrick Lending website for any purpose that is unlawful
or prohibited by these terms, conditions, and notices. You may not use the Merrick
Lending website in any manner that could damage, disable, overburden, or impair
the Merrick Lending website or interfere with any other party's use or enjoyment
of the Merrick Lending website. You may not obtain or attempt to obtain any materials
or information from Merrick Bank through any means not intentionally made available
or provided for through the Merrick Lending website.
Except as may be required by applicable law, any information that you transmit to
us using the Merrick Lending website or electronic mail will be subject to our written
Privacy Pledge available at
We may use information for any purpose, consistent with the provisions of the Privacy
Pledge. You should also note that electronic mail may not be secure. You should
exercise care when sending account numbers, tax identification numbers, and other
personal information by electronic mail.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH
THE MERRICKLENDING.COM WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS.
CHANGES ARE PERIODICALLY MADE TO THE INFORMATION HEREIN. MERRICK BANK OR ITS SERVICE
PROVIDERS MAY MAKE CHANGES TO THE MERRICKLENDING.COM WEBSITE AT ANY TIME.
NEITHER MERRICK BANK NOR ITS SERVICE PROVIDERS MAKE ANY REPRESENTATIONS OR WARRANTIES
ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, OR ACCURACY OF THE
INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS CONTAINED ON THE
MERRICKLENDING.COM WEBSITE FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS,
SERVICES, AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND.
MERRICK BANK AND ITS SERVICE PROVIDERS HEREBY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES
AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND
RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
IN NO EVENT SHALL MERRICK BANK OR ITS SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT,
INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER
INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING
OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE MERRICKLENDING.COM
WEBSITE, WITH THE DELAY OR INABILITY TO USE THE MERRICKLENDING.COM WEBSITE OR RELATED
SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE MERRICKLENDING.COM
WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE MERRICKLENDING.COM WEBSITE,
WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN
IF MERRICK BANK OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBLITY OF DAMAGES.
BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR LIMITATION OF LIABILITY
FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
THE CONTENT AVAILABLE THROUGH THIS WEBSITE IS THE PROPERTY OF MERRICK BANK AND ITS
AFFILIATES AND IS PROTECTED BY COPYRIGHT AND OTHER INTELLECTUAL PROPERTY LAWS. CONTENT
RECEIVED THROUGH THIS WEBSITE MAY BE DISPLAYED, REFORMATTED, AND PRINTED FOR YOUR
PERSONAL, NON-COMMERCIAL USE ONLY. YOU AGREE NOT TO REPRODUCE, RETRANSMIT, DISTRIBUTE,
DISSEMINATE, SELL, PUBLISH, BROADCAST OR CIRCULATE THE CONTENT RECEIVED THROUGH
THIS WEBSITE TO ANYONE, INCLUDING BUT NOT LIMITED TO OTHERS IN THE SAME COMPANY
OR ORGANIZATION, WITHOUT THE EXPRESS WRITTEN CONSENT OF MERRICK BANK.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE MERRICKLENDING.COM WEBSITE, OR ANY
Termination of Access
Merrick Bank reserves the right, in its sole discretion, to terminate your access
to the Merrick Lending website and the related services or any portion thereof at
any time, for any or no reason, without notice.
This agreement is governed by the laws of the State of Utah. You hereby consent
to the exclusive jurisdiction and venue of courts in Salt Lake County, Utah in all
disputes arising out of or relating to the use of the Merrick Lending website. Use
of the Merrick Lending website is unauthorized in any jurisdiction that does not
give effect to all provisions of these terms and conditions, including without limitation
this paragraph. You agree that no joint venture, partnership, employment, or agency
relationship exists between you and Merrick Bank as a result of this agreement or
use of the Merrick Lending website. Merrick Bank's performance of this agreement
is subject to existing laws and legal process, and nothing contained herein is in
derogation of Merrick Bank's right to comply with governmental, court and law enforcement
requests, or requirements relating to your use of the Merrick Lending website or
information provided to or gathered by Merrick Bank with respect to such use.
If any part of this agreement is determined to be invalid or unenforceable pursuant
to applicable law including, but not limited to, the warranty disclaimers and liability
limitations set forth above, then the invalid or unenforceable provision will be
deemed superseded by a valid, enforceable provision that most closely matches the
intent of the original provision and the remainder of the agreement shall continue
in effect. Unless otherwise specified herein, this agreement constitutes the entire
agreement between the user and Merrick Bank with respect to the Merrick Lending
website and it supersedes all prior or contemporaneous communications and proposals,
whether electronic, oral or written, between the user and Merrick Bank with respect
to the Merrick Lending website. A printed version of this agreement and of any notice
given in electronic form shall be admissible in judicial or administrative proceedings
based upon or relating to this agreement to the same extent and subject to the same
conditions as other business documents and records originally generated and maintained
in printed form.
The trademarks, logos and service marks displayed on the Merrick Lending website
are either trademarks or registered trademarks of Merrick Bank and others. Nothing
contained on the Merrick Lending website should be construed as granting, by implication,
estoppel, or otherwise, any license or right to use a trademark or registered trademark
displayed on the Merrick Lending website without the written permission of Merrick
Bank or such third party that may own the trademark or registered trademark displayed
on the Merrick Lending website. Your misuse of the trademarks or registered trademarks
displayed on the Merrick Lending website is strictly prohibited.
Any rights not expressly granted herein are reserved.