Terms of Use

Dated September 20, 2023

PLEASE READ THE FOLLOWING CAREFULLY. IT GOVERNS YOUR USE OF THIS WEBSITE AND THE CONTENT ON THE WEBSITE. BY USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE.

See the Mercalis Privacy Policy for more information about Mercalis’ privacy practices, and this cookie management link to make cookie choices.

Introduction

These Terms of Use describe the terms and conditions applicable to your access and use of the Mercalis Website (“Website”). You accept these Terms of Use by using the Website or by accessing any content available through the Website, including without limitation our RSS feeds (collectively, the “Content”). The Content includes artwork, graphics, photos, images, page layout and look and feel designs, text, publications, video and audio clips, trademarks, service marks, logos, trade names, trade dress, and products and services and other Mercalis identifiers. Use of the Website or the Content in any way not expressly permitted by these Terms of Use is prohibited. We may terminate your access to the Website and/or Content without notice if you do not follow these Terms of Use. We reserve the right to seek all remedies available at law and in equity for a violation of these Terms of Use.

This Website and the Content is provided as a service to clients, colleagues, and others for general information only and is not designed to provide advice.

We reserve the right in our sole discretion to edit or delete any Content. In addition, we reserve the right to modify these Terms of Use from time to time. The modified Terms of Use will be posted on this Website and any change will be effective immediately upon posting. You should check here from time to time for updates. You agree that your use of the Website and/or Content after a change will be deemed full and adequate acceptance of the modified Terms of Use.

Third Party Content

This Website may contain links and references to others’ websites and to content provided by others, which are called “third parties”. An example is news stories provided through our news webpage. Mercalis is not responsible for the content of these third-party websites or third-party content and shall not be liable for any damages or injury arising from third-party websites or third-party content. Any links to third-party websites or third-party content are provided as a convenience to the users of the Mercalis Website.

Website Use Rules

You may use the Website and the Content for lawful purposes only. If you submit information through the Website, it must be accurate and complete, and must not be offensive or illegal. You will not create a false identity or impersonate any person.

You may not use the Website in any manner that could damage, disable, overburden or impair our servers or networks, or interfere with another’s use and enjoyment of the Website or Content. You may not attempt to gain unauthorized access to the Website, the Content, the web services, other users’ accounts, or Mercalis or our vendor(s)’ computer systems or networks including through hacking, password mining, or other means.

You may not use any program, application, script, or other means to access, scrape, index, data mine, or extract any portion of the Website or Content or transmit any virus or other malware to or though the Website or Content. You may not modify, adapt, reverse engineer, decompile, or disassemble any portion of any of the Website or Content.

You may not post or transmit any Content or engage in any behavior or activity that is false, misleading, unlawful, offensive, disruptive, harmful, or otherwise objectionable (as determined by Mercalis).

You may not assist any person or entity in engaging in any of the prohibited activities described above.

Intellectual Property and Permitted Use

This Website and the Content are the sole and exclusive property of Mercalis and/or its licensors and are protected by copyright, trademark, patent, and/or other intellectual property laws.

• You may copy or download Content only for your personal use and not for commercial purposes, and no modification or further reproduction of the Content is permitted.

• You may not reproduce, duplicate, copy, sell, resell, or exploit for any commercial purpose, any portion of the Website or the Content other than as expressly authorized by Mercalis in writing.

LIMITATION OF LIABILITY

MERCALIS AND ITS SUBSIDIARIES ACCEPT NO RESPONSIBILITY FOR ANY LOSS OR DAMAGE THAT MAY RESULT FROM ACCESSING OR RELYING ON THE CONTENT OR THE WEBSITE, INCLUDING LIABILITY FOR HARM TO YOUR SYSTEMS OR DEVICES, VIRUSES, MALWARE, OR OTHER INTERFERRING OR DISABLING DEVICES. YOU SHOULD NOT TAKE ACTION OR REFRAIN FROM ACTING BASED ON THE CONTENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MERCALIS DISCLAIMS ALL LIABILITY WHATSOEVER, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, AND FURTHER DISCLAIMS ALL LOSSES, INCLUDING WITHOUT LIMITATION INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE WEBSITE AND/OR THE CONTENT, EVEN IF MERCALIS HAS BEEN ADVISED OF THE POSSIBILITY SUCH DAMAGES THAT MAY RESULT FROM USE OR INABILITY OF USE OF OUR WEBSITE OR CONTENT.

Governing Law

The use of this Website, the Content, and these Terms of Use shall be governed by, and all disputes related to or in connection with this Website, the Content, or these Terms of Use shall be resolved in accordance with, the laws of the State of North Carolina unless that law or another law requires otherwise. Any claims, actions, or proceedings related to this Website, the Content, or these Terms of Use must be brought in the courts of the State of North Carolina and, by using this Website and the Content, you agree to submit to the jurisdiction of these courts.

Mercalis Subsidiaries

The websites of Mercalis subsidiaries are governed by their own terms of use.

Contact Us

If Mercalis learns of any Content that infringes on others’ rights, we will remove it.

If you wish to make a complaint about Content that you believe is infringing, or if you have any questions, concerns, or suggestions regarding this Website, the Content, or these Terms of Use, please contact us at sales@mercalis.com.

Mercalis
ATTN: Marketing
2250 Perimeter Park Drive, Suite 300
Morrisville, NC 27560
877-343-1238