Terms of Use

 

Terms of Use

 

  1. Acceptance of Terms of Use. Thank you for visiting this website or mobile application (the "Site"). We (Mercer Marketplace 365 powered by TRI-AD) are offering access to and use of the Site subject to your acceptance without modification of these terms, conditions and notices contained herein. Please read these Terms of Use carefully before using the Site. By using this Site, you are accepting these Terms of Use and understand and agree that the Terms of Use applicable to Mercer Marketplace, generally, continue to apply and control in the event of any conflict.
  2. Modification of these Terms of Use.  Mercer Marketplace 365 powered by TRI-AD reserves the right to change the terms, conditions, and notices under which the Site is offered, including but not limited to the charges associated with the use of the Site. 
  3. Description of the Site. The Site allows you to access and use the Company's information to the extent and in the manner offered by through the Site.
  4. Access. In order to use the Site, you need the equipment necessary to connect to the World Wide Web ("WWW"), and the connection necessary to access the WWW. You are responsible for any fees associated with such connection or access (such as those charged by an Internet Service Provider (ISP) or telephone company). You agree to: (a) provide accurate and complete information when prompted to do so, and (b) maintain and update such information so it remains accurate and complete.
  5. Password. You are responsible for keeping your user name and password confidential. We recommend you memorize this information, and you should not share it with friends, family members nor post it in a public place or transmit it via unsecure means. You are responsible for all activity occurring through use of your account and/or password. You agree to immediately notify Mercer Marketplace 365 powered by TRI-AD of any actual or suspected unauthorized use of your account or password. Mercer Marketplace 365 powered by TRI-AD will not be responsible for any loss whatsoever arising from the misappropriation of your password by a third party.
  6. Intellectual Property and Rights to Access Site.
    • 6.1 Ownership. The Site's database is owned by Mercer Marketplace 365 powered by TRI-AD and/or its agents, and the underlying technology and format is owned by Mercer Marketplace 365 powered by TRI-AD. The Site's technology and format is protected by applicable domestic and international patent, copyright and other intellectual property and proprietary rights and laws, and is offered to you, as it exists on the Site, for limited use pursuant to these Terms of Use. You shall not copy, distribute, publish, perform, modify download, transmit, transfer, sell, or license, create derivative works from or based on, publicly display, frame, link, or in any other way exploit any of the Site, in whole or in part, other than any of your own personal information that is found through the use of the Site, without the prior written permission of Mercer Marketplace 365 powered by TRI-AD or the respective copyright holder.
    • 6.2 Trademark Notices. All trademarks, service marks, trade names and logos contained in the Site are the property of their respective owners.
  7. Links to Third Party Sites. The Site may contain links to other Web Sites ("Linked Sites"). The Linked Sites are not under the control of Mercer Marketplace 365 powered by TRI-AD and Mercer Marketplace 365 powered by TRI-AD is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Mercer Marketplace 365 powered by TRI-AD is not responsible for webcasting or any other form of transmission received from any Linked Site. Mercer Marketplace 365 powered by TRI-AD is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Mercer Marketplace 365 powered by TRI-AD of the site or any association with its operators.
  8. No Unlawful or Prohibited Use.  As a condition of your use of the WCP Premium Portal Web Site, you warrant to WCP Premium Portal that you will not use the WCP Premium Portal Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the WCP Premium Portal Web Site in any manner which could damage, disable, overburden, or impair the WCP Premium Portal Web Site or interfere with any other party's use and enjoyment of the WCP Premium Portal Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the WCP Premium Portal Web Sites.
  9. Changes to Site. This Site, in whole or in part, may be modified, suspended or discontinued at any time, with or without notice.
  10. Disclaimer. THIS SITE, INCLUDING WITHOUT LIMITATION, THE CONTENT AND OTHER MATERIALS CONTAINED IN OR ACCESSIBLE THROUGH THIS SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT WITH RESPECT TO ALL SUCH MATERIALS ARE DISCLAIMED. NO WARRANTY IS MADE THAT THIS SITE OR ITS CONTENT OR SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SITE OR CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. NO WARRANTY IS MADE CONCERNING THE ACCURACY OF THE INFORMATION CONTAINED ON THE SITE, OR THE QUALITY OF ANY SERVICES AVAILABLE THROUGH THE SITE. NO REPRESENTATION OR WARRANTY IS MADE THAT THIS SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

    IN STATES WHICH RESTRICT OR DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, THE ABOVE EXCLUSIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED UNDER THE LAW.
  11. Limitation of Liability. YOU UNDERSTAND THAT IN NO EVENT WILL MERCER OR TRI-AD OR THEIR RESPECTIVE  MANAGERS, MEMBERS, OFFICERS, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, OR SUBCONTRACTORS BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE OR ANY OTHER THEORY, ARISING DRIECTLY OR INDIRECTLY OUT OF: (A) YOUR USE OR INABILITY TO USE THE SITE, OR (B) YOUR RELIANCE ON ANY SERVICES OR CONTENT PROVIDED BY THE SITE; EVEN IF ANY OF SUCH PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ALSO, IN NO EVENT WILL ANY OF THE ABOVE IDENTIFIED PARTIES IN THIS SECTION BE LIABLE TO YOU FOR AN AMOUNT GREATER THAN $500 (USD).
    IN STATES WHICH RESTRICT OR DO NOT ALLOW THE ABOVE LIMITATIONS OF LIABILITY, THE ABOVE LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED UNDER THE LAW.
  12. Security. To prevent unauthorized access, maintain data accuracy, and ensure the appropriate use of information, we have put in place appropriate physical, electronic, and managerial procedures to assist in the protection of the information we collect from you online. When you access your personal information, you do so through a server which has security safeguards. When your information is transmitted, it is encrypted. Although reasonable security measures may be used with respect to the Site, as with any on-line or electronic communication or interaction, there is an inherent risk involved in transmitting any information via the Internet. No guarantee or warranty is made that the Site or its related system is free from hackers or viruses or that information provided by you will not be stolen or otherwise surreptitiously obtained. You hereby acknowledge and understand that such risk is inherent in interacting with any website, including this Site, and take full responsibility for any harm, danger or damage that ensues due to any such breach in security.

 

If you have any questions about the security of your information, or feel that your information has been breached, you may provide notice to Mercer Marketplace 365 powered by TRI-AD by conventional mail as follows:

 

Mercer Marketplace 365

             PO Box 14401
            Des Moines, IA  50306-3401

 13.  Notice. Notices by Mercer Marketplace 365 powered TRI-AD or its agents to you may be given by means of a general posting at the Site or to your Company e-mail address. Notices (including questions, complaints, or legal notices) by you may be given by conventional mail at:

             Mercer Marketplace 365
            PO Box 14401
            Des Moines, IA  50306-3401

 14.  Termination/Access Restriction.  Mercer Marketplace 365 powered by TRI-AD reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this Agreement shall be governed by the laws of the State of New York, without regard to conflicts of laws principles. You hereby irrevocably and unconditionally submit to the jurisdiction of the United States District Court for the Southern District of New York and the Supreme Court of the State of New York, New York County, for the purposes of any suit, action or other proceeding arising out of this Agreement or your use of Mercer Marketplace 365 or the Services. To the extent allowed by applicable law, any claims or causes of action arising from or relating to your access and use of Mercer Marketplace 365 or the Services must be instituted within two (2) years from the date upon which such claim or cause arose or was accrued.. Use of the Site 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 Mercer Marketplace 365 powered by TRI-AD as a result of this agreement or use of the Site. Mercer Marketplace 365 powered by TRI-AD’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Mercer Marketplace 365 powered by TRI-AD’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Mercer Marketplace 365 powered by TRI-AD 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 Mercer Marketplace 365 powered by TRI-AD with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Mercer Marketplace 365 powered by TRI-AD with respect to the Site. 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 an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.