Access to and use of the information contained in this website (the “Site”) are subject to these terms and conditions. Your use of this Site constitutes your agreement to be bound by these terms and conditions. Mercury Network, LLC (“Mercury”) reserves the right to make changes to the Site at any time without advance notice.
We grant you a revocable, limited, non-exclusive right to access and display the materials on the Site, subject to these terms and conditions. You may not modify any of the materials on this Site. You may not reproduce or publicly display or distribute material from this Site for any commercial or public purpose without Mercury’s prior written consent. Mercury reserves the right to terminate your access to this Site for any reason, including if you do not adhere to these terms and conditions or if you infringe on the rights of others.
Any computer software or products which may be downloaded from the Site or that are otherwise available from the Site are licensed subject to a written agreement between you and Mercury or the click-through End User License Agreement you agree to at the time of download or use. There should be no conflict between these terms and either of those licenses, but if there is, those licenses control.
If any of the software or services on the Site require you to register or create an account, you must complete the registration process by entering complete and accurate information. You must maintain and promptly update any information provided in registration. If any of the software or services on the Site require a password, you are solely responsible for the security of your password(s). You are solely responsible for any activity that occurs under your account or password. You must notify Mercury of any unauthorized access to your account.
The Site may include access to third-party materials or third-party websites. Mercury has no control over materials or websites produced or operated by third parties. More generally, Mercury does not control the information provided by others which you may access on the Site. Such information may be inaccurate or deceptive. You are responsible for verifying the accuracy or veracity of information provided by third parties before acting on it.
This Site contains the intellectual property of Mercury or third parties. No license or right in or to any such intellectual property is granted to or conferred upon you. If you believe material on the Site infringes on the intellectual property rights of another, including yourself, you must notify us and particularly describe the copyrighted material allegedly misappropriated, the allegedly infringing material on the Site, a Uniform Resource Locator (URL) where the material allegedly appeared and the date and time you saw it there. Such notice must be sent by U.S. Mail or a reputable overnight carrier to the address at the bottom of these terms and conditions.
By providing your account information you grant Mercury the right to display such information on the Site or within any software or services you request via the Site, and you accept all risks associated with unauthorized access to such information.
THE SITE IS PROVIDED "AS-IS" AND "WITH ALL FAULTS" AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MERCURY DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SITE, INCLUDING WITHOUT LIMITATION ITS FITNESS FOR A PARTICULAR PURPOSE, ITS QUALITY, ITS MERCHANTABILITY, ITS PERFORMANCE, ITS NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, OR THE RESULTS OBTAINED BY USING THE SITE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL MERCURY BE LIABLE TO YOU FOR ANY COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL OR PUNITIVE DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, LOST SAVINGS, BUSINESS PROFITS, BUSINESS INTERRUPTION OR ANY OTHER LOSS) (COLLECTIVELY "LOSSES") ARISING OUT OF YOUR USE OF THE SITE, EVEN IF A REPRESENTATIVE OF MERCURY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES, AND REGARDLESS OF WHETHER LOSSES ARE SUFFERED BY YOU OR ANY OTHER THIRD PARTY.
If a dispute arises between you and another user of the Site, you release Mercury and its officers, directors, employees and agents from any and all claims arising from or in any way connected to such dispute. If you are a California resident, you waive California Civil Code section 1542, which says, “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
All matters relating to your use of and access to the Site shall be governed by U.S. federal law or the laws of the state of California.