Terms & Conditions aka tl;dr legalese

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Mercatalyst (“Mercatalyst”, “we”, “us”, “our”) welcomes you, fellow human (“you” or “your”). Mercatalyst and/or its subsidiaries and affiliates owns and operates this website and all associated sites linked to mercatalyst.com by Mercatalyst (collectively, the “Site”), and by visiting, using, or purchasing from the Site you agree to these Terms of Use (“Terms”). If you don’t agree, don’t use this Site. Our feelings will be hurt a little, but as Celine might wail, our hearts will go on.

Mercatalyst reserves the right at any time and at our sole discretion to change, modify, add or remove portions of these Terms without prior notice. It is your sole responsibility to review these Terms of Use prior to using the Site, and your continued use of the Site following any change indicates your acknowledgment of and consent to the changes.

Content
All text, graphics, logos, button icons, interfaces, images, videos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, arrangement, compilation, expression, and “look and feel” of such Content, is Mercatalyst’s property and is protected by United States and international intellectual property laws, including copyright, trademark, and trade dress. You may not copy, republish, reproduce, transmit, reverse engineer, or in any way exploit any part of the Site or Content for any commercial purpose without Mercatalyst’s prior written consent.

You may post or submit comments, reviews, ideas, questions, images, photos, and other content so long as the content complies with the law and with these Terms. You grant Mercatalyst a nonexclusive, perpetual, irrevocable, royalty-free, sub-licensable right to use, reproduce, publish, distribute, display, modify, and adapt any content you post or submit. Mercatalyst reserves the right (but not the obligation) to edit or delete any content you post or submit.

No unlawful or prohibited use. You may not use the Site in any manner that (is):

  • libelous, defamatory, abusive, threatening, hateful, harassing, obscene, pornographic, or otherwise violative of any law or right of any third party;
  • infringes, reveals, or otherwise violates any intellectual property, copyright, trademark, or trade secret of any third party;
  • damages, degrades, threatens, or otherwise interferes with the Site through viruses, worms, trojan horses, or other software, routines, algorithms, or methodologies;
  • comprises commercial solicitation, unlawful solicitation, political communications, or any form of spam;
  • fraudulent, abusive, or otherwise illegal.

Privacy
Mercatalyst’s privacy policy applies to use of this site and is incorporated into these Terms.

Links
This Site may contain links to other websites (“Linked Sites”) that are not under Mercatalyst’s control. Mercatalyst is not responsible for, and does not endorse, any content, information, or material at any Linked Sites.

Purchases
Mercatalyst may make changes to any products or services offered on the Site, or to the prices thereof, at any time, without notice. Mercatalyst does not warrant that product descriptions or related content are complete, accurate, reliable, or error-free. Title and risk of loss for any items you purchase pass to you upon our delivery to a common carrier. We do not guarantee arrival dates or times for any purchases. You are responsible for any foreign transaction or other processing fee your financial institution may charge for processing your payment. All transactions are processed in United States Dollars (USD).

Indemnity; Disclaimer; Limitation of liability
You agree to indemnify, defend, and hold harmless Mercatalyst and its subsidiaries and affiliates and their respective officers, employees, agents, and partners from any and all claims, demands, damages, actions, loss, costs, and liabilities, including reasonable attorneys’ fees, for all damages directly, indirectly, and/or consequentially resulting or allegedly resulting from your acts, omissions, or breach of any of these Terms.

MERCATALYST DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE, UNINTERRUPTED, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. MERCATALYST DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. MERCATALYST WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM YOUR USE OF THE SITE OR ITS CONTENT OR ANY LINKED SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. MERCATALYST DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS, AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND ANY LINKED SITES. ALL INFORMATION PROVIDED ON THIS SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. YOUR USE OF THE SITE IS AT YOUR SOLE RISK, AND YOUR SOLE REMEDY FOR ANY DISSATISFACTION WITH THE SITE OR ITS CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT.

TO THE MAXIMUM EXTENT LEGALLY PERMITTED, UNDER NO CIRCUMSTANCES SHALL MERCATALYST OR ITS DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE FOR SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST REVENUE, EVEN IF MERCATALYST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Trademarks
Mercatalyst, and other Mercatalyst trademarks, service marks, and product and service names are Mercatalyst trademarks or registered trademarks in the United States and in other countries (collectively, “Mercatalyst Marks”). In addition, graphics, logos, and icons are trademarks or trade dress of Mercatalyst in the U.S. and other countries. Mercatalyst’s trademarks and trade dress may not be used in connection with any product or service that is not Mercatalyst’s or in any manner likely to cause confusion among customers. All other trademarks not owned by Mercatalyst that appear on the Site are the property of their respective owners.

Copyright
If You believe that your work has been copied and is accessible on the Site in any way that constitutes copyright infringement, please send a notice containing the following information to the address listed below:

  • Identification of the work or material being infringed.
  • Identification of the material that is claimed to be infringing, including its location, with sufficient detail so that Mercatalyst is capable of finding and verifying its existence;
  • Your contact information, including name, address, telephone number and e-mail address.
  • A statement by you that you have a good faith belief that use of the material is not authorized by the copyright owner, its agent, or the law.
  • A statement made under penalty of perjury that the information provided in the notice is accurate and that you are authorized to make the complaint on behalf of the copyright owner.
  • Your physical or electronic signature.

Mercatalyst reserves the right at our sole discretion to remove Content or material alleged to be infringing without prior notice or liability to you. Our designated copyright agent for notices of alleged infringement is:

Mercatalyst
Attn: Copyright Agent
4717 Plano Parkway
Suite 130
Carrollton, TX 75010
Fax: 972-674-4501
Email: copyright@merctalyst.com

General
The Terms constitute the entire agreement between you and Mercatalyst. By using the Site, you agree that all matters relating to your use of the Site, including all disputes, will be governed by the laws of the United States and the State of Texas. You agree to the personal jurisdiction by and venue in the federal and state courts of Dallas, Denton, or Collin County, Texas, and waive any objection to such jurisdiction or venue. Mercatalyst reserves the right to make changes to the Site, Privacy Policy, and these Terms at any time, without notice. If any of these conditions shall be deemed invalid, void, or unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. Mercatalyst’s failure to insist on or enforce strict performance of these Terms shall not be construed as a waiver by Mercatalyst of any provision or any right it has to enforce these Terms.

Violations
Please report any violations of the Terms (except for copyright infringement claims) to admin@mercatalyst.

Last modified February 28, 2020