Mercer Unlimited, Inc — Terms of Use
(Updated May 28, 2018)
Your Use of the www.LoriMercerCTO.com Website
When you access or use any part of the web pages, databases, images or other digital assets comprising or consisting of the Internet website designated by the www.LoriMercerCTO.com uniform resource locator (collectively, the “Website”), you agree to be bound by all of the terms and conditions described in these Terms of Use, as well as the Mercer Unlimited, Inc. Privacy Policy, which can be accessed through the “Privacy” link on the Website front page (the “Privacy Policy”).
If you do not agree to be bound by these Terms of Use or the Privacy Policy, Mercer Unlimited, Inc. (“Mercer“) does not authorize you to access or use the Website or any portion thereof, and in such case, you should immediately exit the Website. Mercer may modify these Terms of Use at any time in its sole discretion. Such modifications will be posted on the Website and are generally intended to be effective as soon as they are posted. You should review these Terms of Use every time you access or use the Website, as each time you access or use the Website, such modified Terms of Use (if any) will apply to such access or use.
Your Use of Website Content
All work product, blogs, chat forums, compilations, tools, software programs, images, photos, code, applications, databases, data, meta-data, images, text, hypertext links, and all other content, information and materials contained in or appearing on the Website (the “Website Content”) is and will remain at all times the exclusive property of Mercer and its licensors (including you). The Website Content is provided to users and subscribers who have been issued a user name and password by Mercer (each, a “Permitted User”), solely for personal, non-commercial use of such Permitted User. Each Permitted User is thereby granted a non-exclusive, limited, license to use and access the Website Content solely as expressly provided in these Terms of Use, and in the User Agreement accompanying the transaction protocol accompanying the user name and password dialogue.
You are not permitted to use or distribute any of the Website Content in a manner which is directly or indirectly in competition with Mercer.
The Website and the Website Content are protected by copyright, trademark, trade dress, trade secret and other laws, rules, regulations and international treaties. All rights reserved. Except as expressly permitted by Mercer in these Terms of Use or otherwise in written agreements between you and Mercer, you agree not to use, sell, copy, reproduce, distribute, sell, publish, publicly-display, disseminate, transfer, manipulate, reverse engineer or create derivative works from the Website, the Website Content or any portion thereof. You agree not to insert or upload any code or product on or to the Website to manipulate the Website Content in any way that impacts or affects the access or use of the Website by any person. You further agree not to access or use the Website and the Website Content through any means except interfaces authorized and provided by Mercer specifically for access and use of the Website and the Website Content by Permitted Users.
Unauthorized use or access of the Website Content constitutes a breach of these Terms of Use and could constitute a violation of state, federal or international laws, rules, regulations or treaties. Mercer may at any time, without prior notice, in its sole and absolute discretion, remove any information submitted to or posted on the Website, terminate the subscription, user name and password of, and take other appropriate action against, any person who violates any of these Terms of Use (including without waiver or limitation seeking equitable remedies such as injunctive relief).
Safety
Mercer strives to keep www.LoriMercerCTO.com safe, but we cannot guarantee it. You agree to help us keep the Website a safe social media environment by agreeing to the following:
- You will not post unauthorized commercial communications (such as spam) on the Website.
- You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on the Website.
- You will not collect other users’ content or information, or otherwise access the Website, using automated means (such as harvesting bots, robots, spiders, or scrapers)
- You will not upload viruses or other malicious code.
- You will not solicit login information or access an account belonging to someone else.
- You will not bully, intimidate, or harass any user.
- You will not post content that: is hate speech, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
- You will not post alcohol-related, dating or other mature content (including advertisements).
- You will not use the Website to do anything unlawful, misleading, malicious, or discriminatory.
Accuracy of Information; Disclaimers; Links to Third Party Websites
Mercer offers the materials and information on the Website solely as an informational service.
From time to time, Mercer may provide HTML links to websites and domains owned and operated by third parties who are not affiliated with Mercer. Such links are provided for your convenience. Mercer is not liable for the content of third party websites to which such HTML links may lead you. You should always confirm the terms of use and privacy information of all third party websites that you access or use. The use of HTML links to third party websites on the Website does not constitute an affiliation, endorsement or recommendation of the company, sponsor or content of any such third party websites or any advertisers or sponsors set forth thereupon.
Disclosure of Material Connection: Some of the links on this website are “affiliate links.” This means if you click on the link and purchase the item, Mercer will receive an affiliate commission. Regardless, Mercer only recommends products or services we use personally and believe will add value to our readers. We are disclosing this in accordance with the Federal Trade Commission’s 16 CFR, Part 255: “Guides Concerning the Use of Endorsements and Testimonials in Advertising.”
No Warranties; Limitation of Liability
Mercer prepares AND UPDATES the Website and the Website Content based upon sources, systems and methodologies it believes to be reliable and accurate, but Mercer provides the Website and all elements of the Website Content “AS-IS,” “WHERE-IS” and “WITH ALL FAULTS.” MERCER AND ITS VENDORS AND AFFILIATES DO NOT GUARANTEE THE ACCURACY, COMPLETENESS OR QUALITY OF THE WEBSITE OR THE WEBSITE CONTENT AND MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE WEBSITE OR THE WEBSITE CONTENT EXCEPT AS EXPRESSLY PROVIDED HERE IN OR IN YOUR USER AGREEMENT. EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS OF USE, MERCER SPECIFICALLY AND EXPRESSLY DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES OF ANY KIND OR NATURE, INCLUDING WITHOUT LIMITATION, REPRESENTATIONS AND WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, OR ANY WARRANTIES ARISING UNDER OR PURSUANT TO USAGE, CUSTOM, TRADE PRACTICE OR BY OPERATION OF LAWS OR RULES.
ALL MATERIAL AND INFORMATION YOU ACCESS, USE, DOWNLOAD OR OTHERWISE OBTAIN FROM THE WEBSITE IS ACCESSED AND USED AT YOUR OWN RISK, AND YOU ASSUME ALL RESPONSIBILITY FOR ANY AND ALL DAMAGES, LOSS, DATA LOSS, BUSINESS INTERRUPTION, COMPUTER SYSTEM INTERFERENCE AND INTERRUPTION, LOSS OF PROPERTY OR REVENUE OR OTHER LOSS OF ALL KINDS AS A RESULT OF YOUR DOWNLOAD OR USE OF SUCH MATERIAL OR INFORMATION.
MERCER NOR ITS VENDORS, AFFILIATES, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR ANY OTHER LOSS OR INJURY CAUSED (WHOLLY OR PARTLY) BY YOUR USE OR ACCESS OF THE WEBSITE OR THE WEBSITE CONTENT, YOUR INABILITY TO USE OR ACCESS THE WEBSITE OR THE WEBSITE CONTENT, OR IN CONNECTION WITH ANY INTERRUPTION OR DELAY IN OPERATION OF THE WEBSITE.
Applicable Law; Forum for Disputes
You agree that these Terms of Use and your access and use of the Website and the Website Content are governed by and shall be interpreted in accordance with the laws of the State of Ohio, United States of America. In the event of any dispute arising in relation to your use or access of the Website or the Website Content, the state and federal courts located in Franklin County, Ohio, USA shall have exclusive jurisdiction and venue over such dispute.
Survival of Provisions
Your obligations with respect to use and access of the Website, the Website Content, Mercer’s intellectual property rights, disclaimer of warranties, limitation of liability and applicable law and forum for disputes set forth in these Terms of Use will survive any termination or expiration of these Terms and Conditions or the termination or expiration of your rights as a Permitted User or to otherwise use or access the Website or the Website Content.