Terms of Service

Last updated: 3/16/2021

Welcome to our Terms of Service.

These terms of service govern your relationship with the Mercating.com website operated by Mercating™ LLC., an entity incorporated under the laws of the State of California.

Mercating™ helps brands scale with tailored and problem-solving marketing solutions. These solutions are collectively referred to as "Services."

Please read these terms of service carefully before accessing or using the service. If you are entering into these Terms on behalf of a company or other organization, you hereby represent and warrant that you are authorized to enter these Terms on behalf of such company or other organization.

By accessing our site or engaging with Mercating™, you agree to be bound by the following terms of service.

If you do not agree with these terms of service, you must not access, engage, purchase, or use Mercating™ Services in any way. If you signed up, you must send Mercating™ a written notification via email to close your account within thirty (30) days of notice.

Mercating™ provides you this website, including all information, tools, products, and services available, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here, including, but not limited to the following, each of which is incorporated herein by reference, and together with the Terms of Service, constitute the entire agreement of the parties:

  • Return Policy
  • Privacy Policy
  • Cookies Policy
  • Shipping Policy
  • Anti-spam Policy

A full list of all policies can be found here: www.mercating.com/legal

Mercating™ reserves the right to update, change or replace any part of these terms of service by posting updates or changes within the service at any time. Any new features, functionalities, and tools added to the service will also be subject to these terms of service. You can review the most current version of the terms of service at any time on this page.

If a revision is "material," Mercating™ will try to provide you at least thirty (30) days' notice before any new terms take effect. We will determine at our sole discretion what constitutes a material change. All modifications will become effective immediately after Mercating™ posts them on the site.

You are responsible for checking these terms of service for changes periodically and becoming familiar with all such modifications. The use or access to the website or ordering from the service following the posting of any changes constitutes acceptance of those changes.

If these terms of service are considered an offer, acceptance is expressly limited to these terms of service.

Our Terms of service are provided in a layered format. Click through on the right sidebar to jump to a specific section.

Definitions

The following definitions apply to these terms of service:

  • Mercating™ means "we", "our", or "us".
  • Terms of service mean the present terms and conditions, project proposal, agreement, terms of use, or any other standards set out in this document or web page.
  • Service means the mercating.com website operated by Mercating™
  • You mean the person who navigates or engages with the service or whose name is on the order confirmation.
  • Services mean the products or services Mercating™ provides under these terms, or otherwise further defined in a project proposal.
  • Physical Products mean any Products that can be physically touched and shipped by postal or courier service to you.
  • Digital Products mean any Products that are stored, provided, or delivered, and used electronically.
  • Delivery costs mean the shipping fees charged by the service to deliver the physical Products.
  • Delivery date means the estimated date of delivery of an order under clause delivery.
  • Deliverables mean the Products specified in the order confirmation or project proposal to be delivered to you.
  • Final deliverables mean the last versions of Products you approved and delivered to you.
  • Content means all materials, writing, copywriting, links, images, or other creative content you submit to Mercating™.
  • Order means the order confirmation, contract, or purchase order.
  • Purchase order, also written as PO, means the order confirmation you prepare and submit to Mercating™ to authorize the production of the Products.
  • Contract means the order confirmation (incorporating any special conditions) between you and Mercating™ for the sale and purchase of the Products under these terms and conditions.
  • Price means the price, together with postage and packing in force at the date and time of the order, subject to any tax, promotional offer, or discount then applicable.
  • Person means any person, firm, or company.
  • Business day means a day (other than a Saturday, Sunday, or public holiday) when banks are open for business.
  • Special conditions mean any conditions concerning orders set out and designated as such in the order.
  • Work tools mean all the tools acquired, developed, and/or used by Mercating™ in performing the services, including pre-existing and newly developed software including source code, web authoring tools, type fonts, and application tools, together with any other software or other inventions whether or not patentable, and general non-copyrightable concepts such as website design, architecture, layout, navigational and functional elements.
  • Writing means email or messaging bearing the names of the sender and the recipient and writing on the screen of a visual display unit or other similar devices.

Online store terms

Shopify Inc. hosts our online store you can find at store.mercating.com. They provide an online e-commerce platform that allows us to sell Products to you. By agreeing to these terms of service, you represent that:

  • you are the age of majority in your state or province of residence,
  • you have given us your consent to allow any of your minor dependents to use this site,
  • you may not use our products for any illegal or unauthorized purpose, nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws), and
  • you must not transmit any worms or viruses or any code of a destructive nature.

General conditions

Mercating™ reserves the right to limit, suspend, or terminate the service at any time and for any reason without notice or liability to you.

You understand that your content (not including credit card information) may be transferred unencrypted and involve (a) transmissions over various networks and (b) changes to conform and adapt to the technical requirements of connecting networks or devices. The credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the service, use the service, or access the service or any contact on the website through which the service is provided, without express wrote permission by Mercating™.

Except as expressly set out herein, you will not assign, transfer, mortgage, charge, subcontract, declare a trust over, or deal in any other manner with any or all of its rights and obligations under these terms of service without the prior written consent of Mercating™. Such consent not to be unreasonably withheld or delayed.

Mercating™ may at any time assign, mortgage, charge, declare a trust over, or deal in any other manner with any or all its rights under this agreement.

These terms of service do not create an exclusive relationship between the parties. You are free to engage others to perform services of the same or similar nature to those provided by Mercating™, and Mercating will be entitled to offer and deliver Products to others, solicit other clients, and otherwise advertise the services provided by Mercating™.

Mercating™ produces the samples, drawings, descriptions, illustrations, advertising, and other marketing materials contained on the site mercating.com for the sole purpose of giving an approximate idea of the Products described in them. They will not form part of the contract or have any contractual force. Unless you have specifically notified Mercating™ to the contrary in writing via email, Mercating™ may also disclose your company as a customer of Mercating™.

Mercating™ uses calendly to help you book online consultations, support, or meetings. You agree to use our online system for the purposes indicated within Calendly. Mercating™ reserves the right to decline requests non-related to our Services, postpone an appointment or even terminate an ongoing appointment under any circumstances.

Headings and numbering used in these terms of service are for convenience and reference only and will not affect the scope, meaning, intent, or interpretation of this agreement and will not have any legal effect.

The original English version of these terms of service, the content and information in the service, may have been translated into other languages. The translated versions are a courtesy and office translation only, and the participants cannot derive any rights from the translated version. In the event of a dispute about the contents or interpretation of these terms and conditions or the event of a conflict, ambiguity, inconsistency, or discrepancy between the English version and any other language version of this agreement, the English language version will apply, prevail, and be conclusive and binding. The English version will be used in legal proceedings.

All images on mercating.com, including products, services, and blog posts, are for illustrative purposes only.

Account

You have the right to navigate and purchase Products from the service with or without an account. You acknowledge that if you do purchase from the service or decide to create an account with Mercating™, you always must provide accurate, complete, and current information to process the order authentically and deliver on-time Products at the right location. Not doing so constitutes a breach of these terms of service, which may result in immediate termination of your account.

You are responsible for safeguarding the password you use to access the service or perform other activities or actions under your password, whether your password is with our service or a third-party service. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

If username functionality is available in the service, you may not set as a username the name of another person, entity, or trademark subject to any rights of third parties or a name that is otherwise offensive, vulgar, or obscene.

Accuracy of billing and account information

Mercating™ reserves the right to refuse any order you place with us. At our sole discretion, we may limit or cancel quantities purchased per person, household, or order. These restrictions may include orders placed by or under the same customer account, the same credit card, or orders that use the same billing or shipping address. If we change to or cancel an order, we may notify you by contacting the email or billing address/phone number provided when you confirmed your order. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by competitors, dealers, resellers, or distributors.

You agree to provide current, complete, and accurate purchase and account information for all transactions made in the service. You accept to promptly update your account and other information, including your email address, credit card numbers, and expiration dates, so that we can complete your transactions and contact you as needed.

Optional tools

Mercating™ may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge that we give you access to such tools "AS IS" and "AS AVAILABLE" without any warranties, representations, or conditions of any kind and any endorsement. We will have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use of optional tools offered through the service is entirely at your own risk and discretion. You should ensure that you are familiar with and approve the terms and conditions of the tools provided by the relevant third-party provider(s).

Mercating™ may also, in the future, offer new services or features through the website (including the release of new tools and resources). Such new services or features will also be subject to these terms of service.

Third-party links

The service may contain links to third-party websites or services that are not owned or controlled by Mercating™. Such links may direct you to websites not affiliated with us.

Mercating™ has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services.

Mercating™ neither is responsible for examining or evaluating their content or accuracy.

Mercating™ does not warrant and will not have any liability or responsibility for third-party materials or websites or any other materials, products, or services of third parties.

You further acknowledge and agree that Mercating™ will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, products, or services available on or through any such websites or services. Mercating™ strongly advises you to read the terms and conditions and privacy policies of any third-party websites or services you visit before engaging in any transaction.

You agree to direct any complaints, claims, concerns of third-party products to third parties. Mercating™ reserves the right to omit any questions and support related to third-party products.

User comments, feedback, and other submissions

If you send or submit specific submissions (for example, contest entries, blog posts, or articles) with or without our request, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us or publish within mercating.com.

Mercating™ is and will be under no obligation to (1) maintain any comments in confidence, (2) pay compensation for any comments, blog posts, or articles, (3) respond to any comments.

Mercating™ may, but has no obligation to monitor, edit or remove content that in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party's intellectual property or these terms of service.

You agree that your comments will not violate the rights of any third-party, including copyright, trademark, privacy, personality, or other personal or proprietary rights, and will not contain libelous or otherwise unlawful, abusive or obscene material, or any computer virus or other malware that could in any way affect the operation of the service, other users, or any related website.

You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead Mercating™ or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy.

Mercating™ takes no responsibility and assumes no liability for any comments you or any third parties post in the service

Personal information

Mercating™ collects your data to provide you the services. Mercating™ undertakes to process all personal data obtained by it using the website under our privacy policy and the principles provided by law. Please see our Privacy Policy for more information. By accepting this agreement, you are also accepting and acknowledging our Privacy Policy.

Errors, inaccuracies, omissions, and timeliness of information

The material on this site is provided for general information only. It should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material of this site is at your own risk.

Mercating™ is constantly updating offerings of Products in the service. Therefore, Mercating™ may display product descriptions, pricing, promotions, offers, shipping charges, transit times, and availability with typographical errors, inaccuracies, or omissions.

We may experience delays in updating information on the service and in our advertising on other websites.

For this reason, Mercating™ cannot and does not guarantee the accuracy or completeness of any of this information. Mercating™ reserves the right to change or update information and to correct errors, inaccuracies, or omissions, or even to cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

Additionally, mercating.com may contain certain historical information. This information, necessarily, is not current and is provided for your reference only. Mercating™ undertakes no obligation to update, amend or clarify the information in the service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.

Customer content and prohibited uses

You acknowledge that all content/information (including but not limited to blog posts, articles, links, text, graphics, data, and messages) you submit to Mercating™ is your responsibility. Furthermore, you are responsible for all information and content that you acquire or use from the service.

You agree to abide by all rules and regulations on online decency and appropriate and acceptable content, meaning that you agree to the following prohibited uses regarding any Products coming from Mercating™.

In addition to other prohibitions as outlined in terms of service, Mercating™ prohibits you from using the site or its content:

  • for any unlawful purpose;
  • to solicit others to perform or participate in any illegal acts;
  • to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances;
  • to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
  • to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
  • to submit false or misleading information;
  • to share links for self-promotion;
  • to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or any related website, other websites, or the internet;
  • to collect or track the personal information of others;
  • to spam, phish, pharm, pretext, spider, crawl, or scrape;
  • for any obscene or immoral purpose; or
  • to interfere with or circumvent the security features of the service or any related website, other websites, or the internet; or
  • to upload, post, or send any content containing adult or child pornography, or anything indecent, lewd, or obscene,
  • to submit any material that threatens to kidnap or injure, or threatens to damage the reputation of anyone or harm their personal property, threatens to accuse anyone of a crime, threatens to announce that a person has violated a law/s of Mexico, USA, or any countries, or threatens blackmail, encourages or suggests forcible resistance to any law of Mexico and United States of America, insurrection, or treason; includes fraudulent, libelous or hurtful remarks directed at any other person or business.

Mercating™ reserves the right to terminate your use of the service or any related website for violating any of the prohibited uses.

Mercating™ does not control nor certify the legitimacy, accuracy, or quality of any information posted by other users and will not be held liable under any conditions or circumstances for any information, content, or material that you may find indecent or offensive.

Mercating™ provides Products only for your personal use, and you agree to refrain from using such products and services, as well as messages or correspondences for any unauthorized purposes, including but not limited to promotional materials, advertising, spam, or any other form of solicitation.

Mercating™ reserves the right to remove or refuse any content or information that violates the terms of services or may otherwise be considered unlawful or objectionable.

In addition, you agree that the content or information obtained by Mercating™ may be maintained and disclosed if Mercating™ is required to do so by law, or if Mercating™ believes, in good faith, that it is necessary to disclose such content to comply with any legal proceeding or processes; uphold or enforce the terms of our services; respond to any claims that the content or information is or may be in violation of the rights of another party; that the content or information may be objectionable or offensive; or that the content/information is necessary to protect the rights or property of the public or Mercating™ in any way.

Orders and specifications

You are responsible for ensuring that the terms of the order and any applicable specification you submit to Mercating™ are complete, clear, and accurate.

You acknowledge that it may not be possible to edit or cancel your order once placed. If you want to change some parameters like your addresses, etc., please check whether such an option is available in your account or contact customer support. We are not bound to make such changes to your order, but we will do our best on a case-by-case basis.

All Products offered for sale are subject to availability and subject to our acceptance. No order will be considered "accepted" until Mercating™ validates/confirms your payment. Mercating™ reserves the right to amend the specifications of any of the Products without prior notice.

Most communications are done via email. You are responsible for assigning a primary contact for the Products you ordered and maintaining Mercating™ updated with their relevant email addresses. Mercating™ will consider you as the primary contact to exchange any communications regarding the order if you do not assign it within the thirty (30) days after your purchase.

Products

Certain Products may be available exclusively online through mercating.com. According to our Returns Policy, these products may have limited quantities and are subject to return or exchange only.

Products do not include services to modify or extend the item beyond the original features, style, and functionality described on the item page. For customization services that will help you tailor the item to your specific requirements, please contact us for a quote or availability.

Mercating™ reserves the right to limit the sales of Products to any person, geographic region, or jurisdiction. Mercating™ may exercise this right on a case-by-case basis. Mercating™ reserves the right to discontinue any Products at any time. Any offer for Products made on this site is void where prohibited.

Mercating™ does not warrant that the quality of any products, information, or other material you purchase will meet your expectations.

Submission of content, artwork, or graphics

Mercating™ does not include any content within their Products. You acknowledge that you must provide your content within fifteen (15) calendar days after you ordered the Products and, in a form, suitable for use in the deliverables without further preparation by Mercating™ unless otherwise specified in the order confirmation.

If you do not have any available content, you acknowledge that you can acquire it from Mercating™ at an additional cost. If you do not opt to purchase any content service from Mercating™ to complete your deliverable, you agree to provide us electronically:

  • the text in Microsoft word or email with the headings or pages representing the content of the Products to be produced;
  • high-resolution photographs or graphics in .gif, .jpeg, .png, or .tiff format ready for production. Royalty-free stock photography purchased on behalf of the client is billable at a minimum of $19.99 per picture;
  • images, designs, and artwork with a minimum of 300 DPI and CMYK color mode or format;
  • artwork containing print bleeds. Files without print bleeds will not be accepted and, in turn, delay your order;
  • files with fonts converted to curves, and no missing images;
  • any other additional file that we may require along the process.

You accept providing us with content that is ready for production; otherwise, Mercating™ reserves the right to charge you for correcting any errors after accepting any deliverable. You acknowledge that you are responsible for uploading properly prepared print files to avoid delaying your order.

Mercating™ reserves the right to store safely and separately from other clients, your content, and the final deliverables within the cloud. Mercating™ may, at the sole discretion, share exclusively with you a link to access those files for filing, reviewing, or updating purposes. You will be responsible for sharing this link or access to other members of your organization without our consent or approval.

If you do not provide Mercating™ with content to complete the Product within six (6) weeks of the date you place your order or signed the agreement, the contract's entire amount becomes due and payable. In case you have not submitted such content within two (2) months after placing your order or signing the contract, Mercating™ will also assess an additional continuation fee of 10% of the total price each month until we finish the order.

It is strictly prohibited to share your access with third parties for your and our clients' safety. If you believe you mistakenly shared it with another contact, please inform Mercating™ as soon as possible. Mercating™ reserves the right to revoke all access to non-authorized users immediately.

Price and payment terms

Payments

You accept to pay Mercating™ the Products prices, service fees, delivery fees, recurring services fees, and where applicable, cancellation and penalty fees, under these terms and conditions. You hereby authorize Mercating™ to immediately collect such payments to complete the transaction for each order. Unless agreed otherwise, payment must be made in advance by credit card, debit card, PayPal, bank deposit, or wire transfer at the time of placing an order. You acknowledge and agree that this information will be stored and processed by third-party PCI-DSS compliant service providers and that your order will be processed once Mercating™ confirms your payment. Upon eligibility, purchase orders can be used for transactions over $10,000. Purchase orders or payments in full will be taken at this time, and the contract will be in force. You undertake that all details you provide to Mercating™ for the order and its delivery will be correct; and that funds or credit facilities will be enough and available to cover the full cost of the Products ordered. Mercating™ reserves the right to obtain validation of your credit card, debit card, or PayPal details before accepting your order.

Price and taxes

The Product prices within mercating.com are fixed in US Dollars and exclusive of amounts in respect of VAT (value-added tax), Sales Tax, or GST (Products and services tax.) You will pay Mercating™ such taxes as are chargeable on a supply of products, and be responsible for all applicable taxes, such as but not limited to VAT, Sales Taxes, GST, and other duties associated with the Products (if and as applicable), and those applicable in the territory to which the Products are shipped. In some states in the US and countries, Mercating™ may collect the applicable taxes from you as the seller and pay this to the relevant tax authority (if and as applicable).

Currency conversion costs

You are responsible for all costs of currency conversion relating to a transaction on Mercating™. You acknowledge that your financial institution does the currency conversion and may charge you additional fees, and Mercating™ does not control either the conversion rates or your financial institution's fees. Currency conversion costs used in mercating.com are for convenience and reference only. Therefore, Mercating™ does not guarantee that the currency conversion within mercating.com will be accurate, equal, or proximate to financial institution fees.

NET 30 DAYS

If approved in writing and subject to your satisfactory credit check, Mercating™ will issue you an invoice considering NET 30 DAYS. To avoid any late fees, you must make your payment through our online payment platforms or to the bank account we nominate within thirty (30) days from the date of the invoice. Late fees may apply from the moment the invoice is past due.

Invoices

Mercating™ would email you each invoice automatically right after confirming the order at mercating.com checkout or within three (3) business days if you did the transaction differently. Invoices will list any expenses, additional costs, and service fees as separate items when needed. If you request Mercating™ to cancel, update and reissue an overdue and expired invoice, Mercating™ reserves the right to charge you additionally a service fee of $2.99 per invoice reissue you. You agree to pay Mercating™ such a service fee together with the overdue amount. If you dispute any invoices or other statements of monies due, you will immediately notify Mercating™ in writing. The parties will negotiate in good faith to attempt to resolve the dispute promptly. Mercating™ will provide all such evidence as may be reasonably necessary to verify the disputed invoice or request for payment

Late payment fees

Unless agreed otherwise, full payment is expected upon providing the services/receipt of goods.

IF YOU FAIL TO MAKE PAYMENT OF AN INVOICE WITHIN THE NEXT SEVEN (7) CALENDAR DAYS OF THE PAST DUE INVOICE DATE, MERCATING™ RESERVES THE RIGHT TO:

  1. WITHHOLD DELIVERY AND TRANSFER OF OWNERSHIP OF ANY CURRENT WORK, RESTRICT ANY ACCESS, INTERRUPT, DOWNGRADE, DEACTIVATE, OR EVEN CANCEL YOUR SERVICE IF YOUR BALANCE OR ACCOUNTS ARE NOT CURRENT OR OVERDUE INVOICES ARE NOT PAID IN FULL, AND,
  2. IMPOSE LATE CHARGES AT 0.8333% INTEREST PER MONTH (10% PER YEAR) ON YOUR UNPAID BALANCE. (YOUR UNPAID BALANCE IS DETERMINED BY TAKING THE BEGINNING BALANCE OF YOUR ACCOUNT FOR EACH MONTH, ADDING ANY NEW CHARGES AND SUBTRACTING ANY PAYMENTS MADE TO YOUR ACCOUNT. WE WILL THEN MULTIPLY THE AMOUNT BY THE .8333% MONTHLY PERIODIC INTEREST RATE TO COMPUTE THE LATE CHARGE FOR YOUR ACCOUNT FOR THAT MONTH.)

BY PURCHASING ANY OF OUR SERVICES:

  • YOU AGREE TO PAY ANY INTEREST ON THE OVERDUE AMOUNT WITHOUT LIMITING THE REMEDIES OF MERCATING™.
  • YOU UNDERSTAND THAT SUCH INTEREST WILL ACCRUE MONTHLY FROM THE DUE DATE UNTIL ACTUAL PAYMENT OF THE OVERDUE AMOUNT, WHETHER BEFORE OR AFTER JUDGMENT.
  • YOU WILL PAY MERCATING™ THE INTEREST TOGETHER WITH THE OVERDUE AMOUNT.
  • YOU BECOME SOLELY RESPONSIBLE FOR MAKING YOUR PAYMENTS ON TIME, AND FOR ANY SERVICE INTERRUPTION, DEACTIVATION, CANCELLATION, EXPIRATION OR LOSS OF DOMAIN, OR TERMINATION OF THE SERVICE OR AGREEMENT DERIVED FROM LATE OR NON-PAYMENT TO MERCATING™.

ACCOUNTS OVERDUE FOR 60 CALENDAR DAYS WILL BE SUSPENDED FOR NON-PAYMENT. SUSPENDED ACCOUNTS WILL NEED TO PAY THE FULL BALANCE FOR REACTIVATION. MERCATING™ DOES NOT GUARANTEE ANY BACKUPS ON DISABLED OR SUSPENDED ACCOUNTS FOR ANY LENGTH OF TIME.

Recurring services and payments

Recurring Services are subject to Recurring Payments based upon the plan type you have selected. Recurring Services could be charged month-to-month, every six (6) months, every twelve (12) months, and every two (2) years. Your order confirmation or agreement will set forth which Recurring Service or Commitment(s) you have selected.

Recurring Services are active from the moment of the purchase, have validation for the total calendar days of the billing period until you cancel.

For renewals, Mercating™ will automatically charge your payment method in the amount of the then-current fee for your type of account, plus applicable taxes. To the extent that payment mechanisms are provided through third parties, you agree that Mercating™ will have no liability to you arising out of the acts or omissions of such third parties. If applicable, you agree to maintain current billing information.

BY CREATING A PAID ACCOUNT, YOU CONSENT TO ALLOW MERCATING™ TO STORE AND CHARGE YOUR PAYMENT METHODS(S) UPFRONT, EITHER DIRECTLY OR THROUGH ITS PAYMENT PROCESSORS, FOR THE AMOUNTS DUE FOR YOUR INITIAL RECURRING PERIOD AND ADDITIONAL RECURRING PERIODS UNTIL YOUR ACCOUNT IS CANCELED OR TERMINATED. RECURRING PAYMENTS ARE STILL DUE EVEN IF YOU DO NOT USE YOUR RECURRING SERVICES. PLEASE PRINT OUT THESE TERMS AND CONDITIONS FOR YOUR RECORDS.

You may upgrade or downgrade your Recurring Service by contacting customer support. If you upgrade, you will receive the new features and benefits immediately and see a prorated charge on your monthly bill. If you downgrade it, you will lose the current features and benefits. The downgrade will take effect at the beginning of the next billing cycle.

If you choose to opt-out of Recurring Payments, you accept to manually make the payment of your monthly Recurring Service on every twenty-fifth (25) of each month, or if you signed up for an every six (6) months Recurring Service or superior, within thirty (30) days before it expires. Manual payment of Recurring Services is due upon receipt.

Mercating™ reserves the right to notify you in advance that your Recurring Service is due to expire so you can manually renew it. You acknowledge that opting-out of automated billing may incur service interruptions or late fees if your invoice is past due.

Mercating™ may change the Recurring Services' rates each annual renewal term and will notify you of any rate change with the option to cancel. If the applicable taxes changes during your subscription term, Mercating™ will accordingly adjust the tax-inclusive price for your plan mid-term on your next billing date.

Service cancellations and refunds

You may cancel or postpone any services by providing us with 30 days written notice.

BY CANCELING OR POSTPONING ANY SERVICES, YOU ACKNOWLEDGE THAT MERCATING™ WILL RETAIN ALL MONIES PAID, AND WHEN APPLICABLE, YOU WILL BE OBLIGATED TO PAY MERCATING™ THE REMAINING BALANCE AT THE TIME OF CANCELLATION, WHICH MAY INCLUDE A CANCELLATION FEE AND ANY ADDITIONAL FEES ASSOCIATED WITH LATE PAYMENT FEES OR WITH THE WORK COMPLETED BEYOND WHAT WAS ALREADY PAID. THIS AUTHORIZATION WILL REMAIN ACTIVE UNTIL THE SERVICE IS CANCELED.

Cancellations of paid appointments made 48 hours or more in advance of the booked date will receive a 100% refund. Cancellations made within 48 hours of the event will incur a 50% cancellation fee. A no-show (when you miss your appointment without canceling) or cancellations made within 12 hours will not receive a refund.

You may cancel or reschedule your appointment by using the link options at the bottom of the invitation you received via email or giving us notice by email or text.

Cancellation of custom services, services paid in increments, month-to-month recurring services, and setup fees are non-refundable as those are applied to costs immediately incurred by Mercating™ in initiating services and allocating resources.

Cancellation of every six (6) months plans and superior before the end of the billing period will incur a 50% cancellation fee for the remaining months. Any cancellation or expiration (due to delayed payment) will result in service disruption, deactivation, or in some cases, loss of data or domain.

Cancellation of Pay-As-You-Go plans before completing the commitment term do not pay an early termination fee (ETF); however, do not receive the web transfer rights (the data access needed to take full control over your product and migrate it to another service provider. You agree that signing up for a commitment means you will not have ownership of your site until you complete your commitment term, or, in the case of every 2 years commitment, the first twelve (12) consecutive months from the purchase date.

Accounts terminated due to our terms of service or policy violations will not be refunded.

Chargebacks

Mercating™ will suspend your service or project without notice if we receive a chargeback or payment dispute from a credit card company or bank. To restore the service or receive files or any further work done, you will pay us in full a $50 chargeback fee (issued to recover fees passed on to us by the credit company), plus any outstanding balances accrued as a result of the chargeback(s).

Before issuing a chargeback and avoid these fees, contact us to address any billing issues. You acknowledge that requesting a chargeback or opening a PayPal dispute for a valid charge from us is tantamount to fraud and is an inappropriate (and possibly illegal) legal means of obtaining a refund. Please read and make sure you fully understand our refund policy before making a payment.

Modifications to the service and prices

Prices, fees, shipping and tax rates, and other charges are subject to change at any time without notice, at the sole discretion of Mercating™. We reserve the right to modify or discontinue parts of the service without notice at any time. We will not be liable to you or any third-party for any modification, price change, suspension, or discontinuance of the service. Mercating™ will reflect such changes in the service.

Mercating™ may increase the price of the Products before delivery to reflect any increase in the cost of the Products, that is due to:

  1. an increase in taxes.
  2. your request to change the delivery date(s), the Product specifications, quantities, or types of Products ordered.
  3. any delay caused by your instructions.
  4. failure to give Mercating™ adequate or accurate information or instructions.

Mercating™ may offer you, at the sole discretion, various discounts, as well as change, suspend, or discontinue them at any time. You may find more information about the available discounts at the site, in the marketing and promotional emails, or via other channels or events Mercating™ may use or participate in.

Evaluation, revisions, and acceptance

You will have the right to request Mercating™ to revise or perform enhancements to the deliverables under the terms and conditions of the present clause.

Mercating™ will review, test, and correct the Products using commercially reasonable efforts before providing them to you.

You will, within five (5) business days after receiving each deliverable for approval, notify Mercating™ in writing of any failure to comply with the specifications agreed in the product description or project proposal or of any other objections, corrections, or changes required.

Mercating™ will provide you up to 2 rounds of revisions if your order involves any custom work, design, or development that requires your approval before its delivery. You acknowledge that one' round' involves receiving your feedback and creating a revised version of that deliverable. The revision rounds are for modifications only and do not include creating an entirely new concept or design.

Mercating™ reserves the right to additionally charge you at a standard hourly rate for changes or enhancements that:

  • surpasses the 2 rounds of revisions,
  • requires over one labor-hour to complete them,
  • need additional setup of new third-party services, or
  • you previously approved.

Mercating™ will notify you regarding any additional charges before any work.

Mercating™ will, within five (5) business days of receiving your notification, correct and submit a revised deliverable to you. You will, within three (3) business days of receiving a revised deliverable, either approve the corrected version or make further changes.

You agree that if you fail to provide your approval or feedback during any production or development phase, Mercating™ will consider those deliverables approved and accepted. All objections, corrections, and changes will be subject to the terms and conditions of the present clause.

For a newly built website, you must identify any errors or fixes within thirty (30) days from going live, corresponding to our 30-DAY Warranty Period. If you identify errors or fixes after this period and did not sign up for any support services, those fixes will be chargeable at our standard hourly rate.

All additional work, over and above the original order or proposal cost, is charged separately.

Changes to the scope of an order

You have the right to request changes or add new items to the scope of the order even after it has been confirmed and paid. However, you acknowledge that such changes or additions may be subject to additional charges, especially if the new addition is available for purchase within mercating.com. If the change of the scope is not available for immediate purchase in the service, you will send Mercating™ a written change order describing the changes in detail.

Mercating™ will respond with a statement, draft invoice, or quote, proposing additional fees, changes to delivery dates, and any modification to the terms and conditions within five (5) days of receiving your change request.

If your change request is at or near 50% of the time required to produce the deliverables or the value of the scope of your order, Mercating™ will be entitled to submit a new and separate proposal to you for written approval. Mercating™ will not begin the work on the revised services until you send us your written authorization and the payment for any additional fees according to the payment clause.

If your change request is not a major change, Mercating™ will charge it on a time and materials basis at our current standard hourly rate + sales tax per hour. Such charges will be in addition to all other amounts payable under these terms and conditions, despite any maximum budget, contract, or final price identified. Mercating™ may extend or modify any delivery schedule or deadlines in the present terms of service as required by such changes.

You will have three (3) days to respond in writing, accepting, or rejecting the new proposal. If you reject the proposal, Mercating™ will not be obligated to perform any services beyond those written in the original order.

Support services

Support services mean commercially reasonable technical support and assistance to complement, preserve, secure, update, or correct any errors or deficiencies of deliverables.

Mercating™ cannot provide future proof of its products. If you do not purchase or sign up for support, you agree that once you have signed off on a project, you will be responsible for maintaining, securing, troubleshooting, or updating the final deliverables.

All Support Services provided by Mercating™ are charged separately.

Promotion and accreditation

Mercating™ retains the right to reproduce, publish and display the final deliverables in its site mercating.com, portfolio, social media accounts, design periodicals, and other media or exhibits for recognition of creative excellence or professional advancement, and to be credited with authorship of the final deliverables in connection with such uses.

Mercating™ will not display or promote any final deliverables, printed or designed work, with legitimate ™ or ® on it unless you give us your written consent. Mercating™ will never use your material to sell or redistribute in any way except for self-promotion. You will have the right to request us via email to remove, not display or promote any material you ordered from the service.

If you order a website, Mercating™ will be entitled to place the accreditation "Site by Mercating" or the Mercating logo linked to our site on each page footer of the final deliverables. You can remove any Mercating™ references from your site's footer by purchasing in-store an "Unbranded Site" service.

Intellectual property

Unless otherwise noted in the service, Mercating™ owns the copyright concerning all content on the website. Content includes text, graphics, logos, audio clips, trademarks, software server information, and anything else hosted on this website. All rights to content, services, and server information are reserved.

Any modification made to the content of this website by a third party is a violation of our copyright. Additionally, the mercating.com website may contain other proprietary notices and copyright information, the terms of which must be observed and followed.

Copyright laws also pertain to the content you submit to Mercating™. Unlicensed or misuse of copyrighted material from books, magazines, newspapers, photographs, web content, writers, artists, composers, publishers, and other authors is strictly prohibited. Mercating™ will not assume the responsibility of checking the content you submit for copyright violations. Therefore, we will not be held accountable for any illegal use of copyrighted material you submit or provide to Mercating™.

Nothing contained on the website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the website or any information displayed on the website, through the use of framing or otherwise, except (a) as expressly permitted by these terms and conditions; or (b) with the prior written permission of Mercating™, or the prior written permission from such third party that may own the trademark or copyright of information displayed on the website.

This website, its trademark, and associated logos may not, in part or whole, be copied, imitated, reproduced, modified, transmitted, translated, distributed, adapted, or disassembled in any fashion without expressed written permission of Mercating™.

The mercating.com logo and Mercating™ name indicated on the website is a registered trademark ® in Mexico with the reg. Number 1439361. The Mercating™ logo and name and the slogan - Scale Further™ - together with other marks are the subjects of applications for trademarks or registered trademarks of Mercating™ in the European Union or other jurisdictions, including the USA.

Mercating™ and its licensors maintain all the rights in and to the graphics, logos, page headers, button icons, scripts, and service names are the trademarks or trade dress of mercating.com.

Mercating™ trademarks and trade dress may not be used in connection with any product or service that is not ours, in any manner that is likely to confuse customers, or in any way that disparages or discredits Mercating™. All other trademarks not owned by Mercating™ that appear on this website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Mercating™.

You agree that as an express condition of holding an account with Mercating™, you will not use our Products to infringe the intellectual property rights of any images, fonts, texts, blog posts, articles, and the like you upload to the service.

You will be solely and entirely responsible for any claims or other losses arising out of Mercating™ actual or alleged infringement of any such rights. In addition (and without limitation), Mercating™ reserves the right, with or without notice, to terminate forthwith the account of anyone who infringes (or who is alleged to have infringed) the copyrights or other intellectual property rights of any third party and to remove all such infringing (or allegedly infringing) material from the website.

Copyright complaints by third-parties

Mercating™ respects the intellectual property of others. If you are a third party and believe that your work has been copied in a way that constitutes copyright infringement, please provide us with the following information:

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • a description of the copyrighted work that you claim has been infringed, and the place where the material that you claim is infringing is located on the mercating.com website;
  • your address, telephone number, and email address;
  • a statement that your claim of infringement is based on a good-faith belief;
  • a statement made under penalty of perjury that the information you have provided is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Acknowledgment to third-party materials

Our website contains free third-party materials. Mercating™ acknowledges and lists below the authors of such content, codes, or any other tools shared for free with others.

Third-parties and relationships of the parties

Mercating™ is an independent contractor. Mercating™ will determine, in its sole discretion, the manner and means by which the Products are accomplished. No agency, partnership, joint venture, or employee-employer relationship is intended or created by these terms of use.

Neither party is authorized to act as an agent or bind the other party except as expressly stated in these terms of service. Mercating™ and the work, product, or final deliverables prepared by Mercating™ will not be deemed a work for hire as defined under copyright law.

All rights granted to you are contractual in nature and are expressly defined by these terms of service.

Mercating™ may work in coordination with third-party providers. Mercating™ will remain responsible for those contractor's compliance with these terms and conditions. Changes to the third-party provider rules and policies may ultimately affect the services we provide or the terms and conditions herein.

Mercating™ will make every effort of maintaining the Products, deliverables, and final deliverables, from any delays, interruptions, non-performance, or cancellation of the provision by third parties of any such services.

Mercating™ may integrate and synchronize a newsletter opt-in with the email marketing service provider MailChimp's free plan if applicable or ordered together with your website. Any payment or charges based on the number of subscribers will remain your responsibility. Mercating™ will not be held liable for any purchased, rented, or third-party lists of email addresses you purchased/provided for the newsletter or emailing distribution. Mercating™ will not be held liable for any penalties placed upon you by the email service provider as a result of purchased, rented, or third-party lists of email addresses or spam content used in newsletters.

Mercating™ generally builds and tests the websites/applications on third-party servers or hosted domains. Mercating™ cannot give you or any third parties access to these test servers and test websites. Upon request, our websites can be transferred-off to a nominated third-party server if you purchase a "web transfer" service, which will provide you the necessary information so the third-party can operate/complete your website transfer.

Mercating™ cannot accept responsibility for any alterations caused by a third-party occurring to your website once installed. Such alterations include but are not limited to additions, modifications, or deletions. In case you or third parties modify the final deliverables or use them outside of the scope or purpose of these terms of service, all representations, and warranties of Mercating™ will be void.

Rights to final art

Mercating™ will grant you a non-exclusive, perpetual, and worldwide license to use and display the final deliverables under these terms and conditions. The rights granted to you are for the use of the final deliverables in their original form only. You may not change, create derivative works or extract portions of the final deliverables without our consent.

Additional use of any final deliverables outside the scope of the license granted above requires additional fees. Mercating™ will be entitled to further compensation equal to 50% percent of the total original order, work, or project fee unless otherwise agreed in writing by both parties. In the event of non-payment, Mercating™ will be entitled to pursue all remedies under law and equity.

All grants of any license to use or transfer ownership of any intellectual property rights under these terms of service are conditioned on full payment, including all outstanding additional costs, expenses, fees, taxes, or other charges.

You, our partners, suppliers, sub-contractors, and any other third-party organization or individual are not allowed to use the Mercating™ brand, including the name, logo, and symbol in any way, shape, or form without written permission from Mercating™.

Rights to deliverables other than final art

You must obtain the permission and rights to use any information or files that a third party copyrights before submitting them to Mercating™. You are further responsible for granting Mercating™ permission and rights to use such content and agree to indemnify and hold Mercating™ from all claims resulting from your negligence or inability to obtain proper copyright permissions.

Any content you send, share, or submit to Mercating™ for the purpose stated in your order confirmation, will be regarded as your guarantee that such permissions and authorizations have been obtained. Mercating™ reserves the right to request you the evidence of those permissions or authorizations.

You acknowledge and accept that if you send, share or submit any content to Mercating™, you grant us a nonexclusive, non-transferable license to use, reproduce, modify, display, and publish your content solely in connection with our services performance and limited promotional uses of the final deliverables as authorized in the present terms of service.

Mercating™ retains all rights in and to all preliminary works. You will return all preliminary works to Mercating™ within thirty (30) days of completing the services.

All Mercating™ tools are and will remain the exclusive property of Mercating™. Mercating™ grants you a nonexclusive, non-transferable, perpetual, worldwide license to use the Mercating™ tools solely to the extent necessary for the project's final deliverables.

Disclaimer of warranties; limitation of liability

Your use of the service is at your sole risk. The service and all Products delivered to you through Mercating™ are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. Mercating™ does neither guarantee, represent, or warrant that your use of the service will be uninterrupted, timely, secure, error-free, or protected from hackers, viruses, intruders, and other online and offline issues leading to loss of data, sales, or reputation, and that the results that obtained from the use of the service will be accurate, and reliable.

Mercating™ will not be held liable for any disruption of services if such a situation arises.

You agree that from time to time, Mercating™ may remove or put in maintenance the service for temporary or indefinite periods or cancel the service at any time, without notice. You expressly agree that your use of, or inability to use, the service is at your sole risk.

IN NO EVENT WILL MERCATING™, NOR ITS DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM A) YOUR USE OF ANY OF THE SERVICE OR ANY PRODUCTS PROCURED USING THE SERVICE OR INABILITY TO ACCESS OR USE THE SERVICE, B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE, C) ANY CONTENT OBTAINED FROM THE SERVICE, D) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE, E) ANY MATERIAL, BLOG POST, OR ARTICLE YOU SUBMITTED AND PUBLISHED AT MERCATING™ BLOG AND F) FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICE OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICE OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY WILL BE LIMITED TO THE CHARGES PAID FOR THE SERVICES UNDER THIS AGREEMENT IN RESPECT OF WHICH THE BREACH HAS ARISEN.

Indemnification

You agree to indemnify, defend and hold harmless Mercating™, and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these terms of service or the documents they incorporate by reference or your violation of any law or the rights of a third-party. Mercating™ will promptly notify you in writing of any third-party claim or suit. You will have the right to fully control the defense and any settlement of such a claim or suit.

Confidential information

Confidential information includes all material considered confidential by either party will be designated as confidential. Confidential information will not be disclosed to third parties and will only use as needed to perform these terms and conditions. Confidential information will not include any information that the recipient already knows, becomes publicly known through no fault of the recipient, or is received from a third-party without a restriction on disclosure.

Each party undertakes that it will not, at any time during these terms and conditions, disclose to any person any confidential information concerning the business, affairs, customers, clients, or suppliers of the other party, including but not limited to information relating to a party's employees, operations, processes, plans, product information, know-how, designs, trade secrets, software, market opportunities and customers ("confidential information"), except as permitted by the following terms and conditions:

Each party may disclose the other party’s confidential information:

  • to its employees, officers, agents, consultants, or subcontractors ("representatives") who need to know such information to carry out the party's obligations under these conditions, provided that the disclosing party takes all reasonable steps to ensure that its representatives comply with the confidentiality obligations contained in this clause as though they were a party to these conditions. the disclosing party will be responsible for its representatives' compliance with the confidentiality obligations set out in this clause; and
  • as may be required by law, a court of competent jurisdiction, or any governmental or regulatory authority.

Each party reserves all rights in its confidential information. No rights or obligations regarding a party's confidential information other than those expressly stated in these terms and conditions are granted to the other party or to be implied from these terms and conditions. No license is hereby granted directly or indirectly under any patent, invention, discovery, copyright, or other intellectual property right held, made, obtained, or licensable by either party now or in the future.

On expiration or termination of this agreement, each party will return or, at the disclosing party's request, destroy the other party's confidential information, and all rights and obligations regarding confidential information will survive.

Termination

These terms of service are effective unless and until terminated by either you or Mercating™. You may terminate these terms of service at any time by notifying us that you no longer wish to use our services or when you cease using our site. Upon termination, your right to use the service will immediately cease. If you want to terminate your account, you may discontinue using the service.

Mercating™ may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these terms of service. You will remain liable for all amounts due up to and including the date of termination and, accordingly, may deny you access to our services (or any part thereof). If you terminate and on full payment of compensation, Mercating™ will grant you the right and title provided by these terms of service concerning those final deliverables provided to you as of the date of termination.

The obligations and liabilities of the parties incurred before the termination date will survive the termination of this agreement for all purposes.

Force Majeure

Neither party will be liable for any failure or delay in performing its obligations under the contract to the extent that a force majeure event causes such failure or delay. A force majeure event means any event beyond a party's reasonable control, which by its nature could not have been foreseen, or, if it could have been foreseen, was unavoidable, including strikes, lock-outs, or other industrial disputes (whether involving its own workforce or a third party's), failure of energy sources or transport network, acts of God, war, terrorism, riot, civil commotion, interference by civil or military authorities, national or international calamity, armed conflict, malicious damage, breakdown of plant or machinery, nuclear, chemical or biological contamination, sonic boom, explosions, the collapse of building structures, fires, floods, storms, earthquakes, lost at sea, pandemic, epidemics or similar events, natural disasters or extreme adverse weather conditions, or default of suppliers or subcontractors.

Severability

In case one or more provisions of these terms of service are invalid, illegal, or unenforceable, the remaining provisions of this agreement will be unimpaired, and these terms of service will not be void for this reason alone.

If any provision or part-provision of this contract is invalid, illegal, or unenforceable, the parties will negotiate in good faith to amend such provision so that, as amended, it is legal, valid, and enforceable, and, to the greatest extent possible, achieves the intended commercial result of the original provision.

Waiver

A waiver of any right or remedy under the contract or law is only effective if given in writing and will not be deemed a waiver of any subsequent breach or default. No failure or delay by a party to exercise any right or remedy provided under the contract or by law will constitute a waiver of that or any other right or remedy, nor will it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy will prevent or restrict the further exercise of that or any other right or remedy.

Dispute and governing law

The parties agree to attempt to resolve any dispute by negotiation. If the parties are unable to resolve the dispute by negotiation, the contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), will be governed by and construed under the law of the State of California.

These terms of service and any separate agreements whereby we provide you services will be governed by and construed under the laws of the State of California, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these terms of service will not be considered a waiver of those rights. If any provision of these terms and conditions to be invalid or unenforceable by a court, the remaining provisions of these terms of service will remain in effect. The prevailing party will be entitled to recover its attorneys' fees and costs in any dispute resolved by binding arbitration or litigation.

Entire agreement

These terms of service and any policies or operating rules posted by Mercating™ on this document or site or in respect to the service constitutes the entire agreement and understanding between the parties and govern your use of the service, superseding any prior or contemporaneous contracts, representations, understandings, communications, proposals, or agreements, whether oral or written, between you and Mercating™ (including, but not limited to, any prior versions of the terms of service).

Any ambiguities in the interpretation of these terms of service will not be construed against the drafting party.

You acknowledge that you have not relied on any statement, promise, representation, assurance, or warranty (except for limited warranty of Products) made or given by or on behalf of Mercating™, which is not set out in the order confirmation or the present terms of service.

Your payment of any of our Products constitutes agreement to and acceptance of these terms of service.

Contact information

Please send an email to customer support or your primary contact from Mercating™ if you have any questions, comments, or concerns regarding our terms of service or policies or experienced technical problems while using this site.