MerlinLife, Inc. ("Company"), a life settlement broker based in Alabama and incorporated in the United States, operates the website MerlinLife.com. We aim to establish these Terms of Service to outline the rules, responsibilities, and expectations for users accessing and using MerlinLife.com. Additionally, these Terms explain the process and conditions for the collection and management of personal contact information. Effective June 12th, 2025, by accessing and using MerlinLife.com, users agree to be bound by these Terms of Service, which shall remain in effect until modified or terminated by MerlinLife, Inc.
1. Acceptance Of Terms
By accessing or using the Website, the User agrees to be bound by these Terms of Service. This includes the User's consent to the rules, responsibilities, and expectations set forth herein. The User acknowledges that these Terms constitute a legally binding agreement between the User and the Company regarding the use of the Website and the Services provided therein. The User's continued access or use of the Website indicates their ongoing agreement to these Terms, which may be modified by the Company from time to time in accordance with Section 13. If the User does not agree to these Terms, they should not access or use the Website.
2. Eligibility And User Representations
The MerlinLife.com website is intended for use only by individuals who are 18 years of age or older and have the legal capacity to enter into and comply with these Terms of Service under the Applicable Law. By accessing and using MerlinLife.com, the User represents and warrants that:
a. The User is at least 18 years old.
b. The User possesses the legal authority and capability to create a binding legal obligation.
c. The User will provide true, accurate, current, and complete information about themselves as prompted by any registration forms on the Website.
d. The User will promptly update any information to keep it true, accurate, current, and complete.
e. The User will use the Website in compliance with all Applicable Laws and these Terms of Service.
f. The User is not barred from using the Website under any laws or regulations, including but not limited to export control laws.
Users under the age of 18 are not permitted to use MerlinLife.com. If MerlinLife, Inc. becomes aware that a User is under 18 years old, MerlinLife, Inc. reserves the right to terminate that User's account and access to the Website immediately without notice. Users who violate this provision may also be reported to the appropriate authorities as required by law.
3. Description Of Services
The Company offers life settlement brokerage Services through its Website including valuation, facilitating sales, consulting, and assisting in the completion of life settlement transactions. These Services may include but are not limited to:
Providing educational materials, offering tools to calculate potential value for life settlements, submitting required documentation, coordinating with buyers, sellers, and other relevant parties, reviewing and processing transactions related to life settlements, providing customer support, ensuring compliance with relevant laws and regulations, and any other Services related to the brokerage of life settlement policies.
The scope of Services provided by the Company may be updated, expanded, or limited at any time without prior notice; any changes will be communicated through appropriate updates on the Website.
4. User Responsibilities And Compliance
Users of MerlinLife.com are expected to act in accordance with the established rules and expectations outlined in these Terms of Service, and comply with all Applicable Laws. Specifically, Users shall:
a. Provide accurate and truthful information when creating accounts and using the services offered by MerlinLife.com.
b. Maintain the confidentiality of their login credentials and promptly notify MerlinLife, Inc. of any unauthorized access or use of their accounts.
c. Use MerlinLife.com solely for legal and legitimate purposes, avoiding any actions that would disrupt, compromise, or otherwise abuse the website's functionality and services.
d. Refrain from engaging in any activities that infringe upon intellectual property rights as laid out in Section 5, or violate privacy and data security provisions as described in Sections 6 and 8.
e. Adhere to any other specific requirements outlined in various sections of these Terms when utilizing specific services or features, including but not limited to marketing communications preferences (Section 7) and restrictions on prohibited activities (Section 10).
MerlinLife, Inc. reserves the right to take appropriate legal action in response to any violation of these responsibilities or non-compliance with Applicable Laws.
5. Intellectual Property Rights
All intellectual property rights related to the Website, including but not limited to trademarks, service marks, logos, graphics, designs, texts, images, data compilations, and software, are owned by the Company or its licensors. Users are granted a limited, non-exclusive, non-transferable license to access and use the Content on the Website strictly for personal, non-commercial purposes in accordance with these Terms of Service. Users may not reproduce, distribute, modify, display, perform, or otherwise use any Content from the Website without prior written permission from the Company. Any unauthorized use of the intellectual property may result in termination of the user account and potential legal actions.
6. Collection And Use Of Personal Contact Information (Opt-In Consent)
MerlinLife, Inc. is committed to protecting the privacy of all users. The collection and use of Personal Contact Information, which includes but is not limited to names, addresses, phone numbers, and email addresses, will be conducted through an opt-in consent process. This means that users must explicitly agree to provide their Personal Contact Information before it is collected or used for any purpose. Consent is defined as a user's voluntary agreement to the collection, use, and processing of their Personal Contact Information for specified purposes.
6.1 Collection of Personal Contact Information: Personal Contact Information will only be collected when users voluntarily provide it through various forms available on MerlinLife.com, such as registration forms, subscription forms, and contact inquiries.
6.2 Usage of Personal Contact Information: The Personal Contact Information collected will be used for the following purposes:
a. To provide users with requested services, support, and information related to life settlement brokerage.
b. To communicate administrative updates, offers, and relevant marketing or promotional materials, provided the user has given explicit consent to receive such communications.
c. For internal analysis purposes to enhance the functionality and performance of MerlinLife.com.
6.3 Opt-In Consent Process: Users will be presented with a clear and conspicuous option to opt-in to the collection and use of their Personal Contact Information for specified purposes. This will typically occur through checkboxes on forms where users must actively click to indicate their consent.
6.4 Withdrawal of Consent: Users have the right to withdraw their consent at any time by following the instructions provided in Section 15 of these Terms of Service. Upon withdrawal, MerlinLife, Inc. will cease the collection and use of Personal Contact Information for the withdrawn purpose, except as required for legal or compliance reasons.
6.5 Protection of Personal Contact Information: MerlinLife, Inc. will implement appropriate security measures to safeguard the Personal Contact Information collected against unauthorized access, alteration, disclosure, or destruction. Users' data privacy and security are paramount, and all reasonable steps will be taken to ensure it is maintained.
7. Marketing Communications And Opt-Out
MerlinLife, Inc. may send marketing communications to the User to inform them about services, offers, updates, or promotional materials related to life settlement brokerage and other relevant offerings. These communications may be sent via email, SMS, or other digital communication methods using the Personal Contact Information provided by the User through Consent as outlined in Section 6. MerlinLife, Inc. shall ensure that all marketing communications comply with applicable laws and regulations regarding digital marketing and user privacy.
The User has the right to opt-out of receiving marketing communications at any time by following the opt-out or unsubscribe instructions provided in each communication or by contacting MerlinLife, Inc. directly through the contact information provided in Section 15. Opting-out will not affect the User's receipt of non-marketing related communications essential to the provision of services by MerlinLife, Inc. Furthermore, MerlinLife, Inc. will promptly process opt-out requests and update its communication preferences to ensure the User no longer receives marketing communications.
8. Data Security And User Privacy
MerlinLife, Inc. is committed to ensuring the security and privacy of the users' information. We take multiple measures to protect the integrity of your Personal Contact Information. In compliance with all Applicable Laws, the following outlines our data security and user privacy practices:
a. Data Encryption: All Personal Contact Information collected is encrypted using industry-standard encryption protocols both in transit and at rest. This is to prevent unauthorized access to this sensitive information.
b. Secure Data Storage: All user information is stored on secure servers with multiple layers of protection, including firewalls and access controls to safeguard against data breaches and unauthorized access.
c. User Access Control: Access to Personal Contact Information within the Company is restricted to authorized personnel only. These individuals are trained on data privacy and the importance of safeguarding user information.
d. Regular Security Audits: The Company conducts regular security audits and risk assessments to identify and mitigate potential vulnerabilities in our systems. This includes maintaining up-to-date security practices and protocols.
e. User Rights: Users have the right to access their own Personal Contact Information and request corrections or deletions as outlined in the respective privacy policies.
f. Privacy by Design: We incorporate privacy into the design and implementation of our systems and services. This means that privacy controls are considered and integrated from the initial design stage through development to deployment.
g. Incident Response: In the event of a data breach, users will be promptly notified as required by Applicable Law, and measures will be taken to rectify and mitigate the impact of the breach. The Company will also report such breaches to the relevant authorities as mandated by law.
h. Third-Party Sharing: The Company will not share, sell, or rent any Personal Contact Information to third parties without explicit consent from the user, except where required by law.
By using MerlinLife.com, you acknowledge and agree to these data protection measures and privacy expectations. Your trust in our handling of your Personal Contact Information is of paramount importance to us.
9. Third-Party Services And Links
MerlinLife.com may contain links to third-party websites or services that are not owned or controlled by MerlinLife, Inc. MerlinLife, Inc. has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. By accessing third-party websites or services through our Website, you acknowledge and agree that MerlinLife, Inc. is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such third-party content, goods, or services available on or through any such websites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit. Any interactions, transactions, or terms agreed upon with these third parties are solely between you and the third party, and MerlinLife, Inc. shall not be held liable for any outcomes resulting from such interactions.
10. Prohibited Activities And User Content
Users are prohibited from engaging in any activities that violate these Terms of Service or that disrupt or interfere with the proper functioning of MerlinLife.com. Prohibited activities include but are not limited to:
a. Using the Website for any unlawful purpose or in a manner inconsistent with applicable law.
b. Impersonating MerlinLife, Inc. or any other individual or entity, or falsely stating or otherwise misrepresenting your affiliation with MerlinLife, Inc.
c. Transmitting or distributing any Content that is defamatory, infringing, obscene, fraudulent, harmful, or otherwise objectionable.
d. Uploading or sharing any Content containing viruses, malware, or other harmful code that can disrupt, damage, or limit the functionality or operation of the Website or any related service.
e. Harvesting or collecting personally identifiable information without proper authorization.
f. Using automated means to access the Website, including but not limited to robots, spiders, or scripts.
g. Engaging in any activity that imposes an unreasonable or disproportionately large load on our infrastructure.
h. Attempting to gain unauthorized access to the Website, user accounts, or computer systems connected to the Website through hacking, password mining, or other means.
i. Reproducing, duplicating, copying, selling, reselling, or otherwise exploiting any portion of the Website without prior written consent from MerlinLife, Inc.
j. Violating any other policies or terms referred to on the Website.
Users are responsible for all Content they submit to MerlinLife.com and agree that such Content shall be accurate, lawful, and appropriate. By submitting Content, you grant MerlinLife, Inc. a non-exclusive, transferable, worldwide, royalty-free license to use, display, publish, modify, distribute, and archive your Content in connection with the operation of the Website. The User also acknowledges and agrees that MerlinLife, Inc. may monitor and remove any Content submitted to the Website at its sole discretion.
11. Disclaimers And Limitation Of Liability
The Company provides the Services, Content, and Website on an 'as is' and 'as available' basis. The Company makes no warranties, whether express or implied, regarding the operation of the Services, the Content, or the Website, including but not limited to warranties of accuracy, reliability, fitness for a particular purpose, merchantability, non-infringement, or other violations of rights.
The Company does not guarantee that the Services, Content, or Website will be uninterrupted, error-free, secure, or free from viruses or other harmful components. The user acknowledges and agrees that any use of the Services, Content, or Website is at their own risk.
To the fullest extent permitted by applicable law, the Company shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, revenue, data, or use, incurred by the user or any third party, whether in an action in contract, tort, or otherwise, arising from or related to use of the Services, Content, or Website, even if the Company has been advised of the possibility of such damages.
The user agrees to indemnify and hold the Company harmless from any claims or damages that may arise from their use of the Services, Content, or Website. This limitation of liability applies regardless of whether the damages were foreseeable or unforeseeable and whether the claim was based on contract, tort, or any other legal theory.
12. Indemnification
Users agree to indemnify and hold harmless the Company, its affiliates, directors, officers, employees, and agents from and against any claims, losses, liabilities, damages, expenses, including reasonable attorneys' fees, arising out of or in connection with:
(a) User's use of MerlinLife.com
(b) User's violation of these Terms of Service
(c) User's violation of any third party rights, including but not limited to any intellectual property rights
(d) User's breach of any applicable laws or regulations
(e) Any disputes between User and a third party
(f) Any other actions or omissions by User not in compliance with these Terms of Service
This indemnification obligation shall survive termination or modification of these Terms of Service.
13. Modification Or Termination Of Terms
The Company reserves the right to change or terminate these Terms of Service at any time with or without notice. Any modifications to the Terms will be effective immediately upon posting on the Website or at any future date specified by the Company. It is the responsibility of the User to review these Terms periodically to ensure compliance. Continued use of the Website following any changes to the Terms constitutes acceptance of those changes.
The Company also retains the right to terminate these Terms and the User's access to the Website at any time for any reason, including but not limited to breaches of these Terms of Service or applicable laws. Upon termination, all rights granted to the User under these Terms will cease immediately.
14. Governing Law And Dispute Resolution
The Terms of Service and any dispute arising out of or related to the use of MerlinLife.com are governed by and construed in accordance with the laws of the State of Alabama, United States, without regard to its conflict of law principles (hereinafter 'Applicable Law').
In the event of any disputes, the User agrees to try to resolve the matter amicably by contacting the Company directly. If the parties are unable to resolve the dispute within thirty (30) days, the User may pursue resolution through binding arbitration administered by the American Arbitration Association (AAA) under its rules, rather than through litigation. The arbitration shall be conducted in the English language in Jefferson County, Alabama.
The User and the Company also consent to the jurisdiction of federal and state courts located in Jefferson County, Alabama, for any actions for equitable relief to protect intellectual property rights and prevent unauthorized use of the website. Any arbitration decision shall be final and binding on both parties, and judgment upon the award may be entered in any court having jurisdiction thereof. The User shall not be required to pay any arbitration fees or costs related to the arbitration, and each party will bear its own attorney's fees unless otherwise awarded in the arbitration.
15. Contact Information And Withdrawal Of Consent
If at any time the User wishes to contact the Company or withdraw their Consent to the collection and use of their Personal Contact Information, they may do so by using the following methods:
a. Email: Users can reach out to the Company via email at [insert email address here] to make inquiries or submit requests to withdraw Consent.
b. Mail: Users can send a written request to the Company at the following address: [insert mailing address here], clearly stating their intention to withdraw Consent.
c. Phone: Users can contact the Company's customer service hotline at [insert phone number here] for immediate assistance or to request the withdrawal of Consent.
Upon receipt of such requests, the Company will process the User's request and cease the use of their Personal Contact Information in accordance with privacy laws and regulations. The Company will also confirm the completion of the request by the same contact method used by the User.
16. Miscellaneous
a. Severability: If any provision of these Terms of Service is found to be unlawful, void, or unenforceable, that provision shall be deemed severable from the remainder of these Terms and shall not affect the validity and enforceability of any remaining provisions.
b. Waiver: Any failure by the Company to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the Company in writing. The waiver of any breach of any provision of these Terms shall not be deemed a waiver of any subsequent breach.
c. Entire Agreement: These Terms, along with any additional terms and conditions incorporated herein or referred to herein, constitute the entire agreement between the User and the Company with respect to the subject matter hereof and supersedes all prior or contemporaneous understandings, agreements, representations, and warranties, whether written or oral, with respect to such subject matter.
d. Force Majeure: The Company shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond the Company's reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation.
e. Assignment: The User may not assign or transfer any rights or obligations under these Terms without the prior written consent of the Company. The Company may freely assign its rights and obligations under these Terms without restriction.
f. Titles and Headings: The titles and headings of the sections of these Terms are for convenience of reference only and shall not affect the construction of, or be taken into consideration in interpreting these Terms.
g. Notices: Any notices or other communications provided by the Company under these Terms, including those regarding modifications to these Terms, will be given by posting to the Website or via the contact information provided by the User.
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