Terms and Conditions

Mercom Capital Group, LLC (Mercom) provides this web site for the convenience of persons or entities (Purchaser) interested in the products and services offered by Mercom. By using this site, you agree to the provisions of these Terms of Service. You may print out a copy of these terms for your records if you wish. These Terms and Conditions may be changed by Mercom from time to time in the manner indicated below.

Right to Change Terms and Conditions:
Mercom reserves the right to change these Terms and Conditions. Such change will be effective upon posting on this web site, except that no such change will apply to any purchase already made or consulting services already contracted at the time of such change in terms.

Web Site and Page Copyright:
Except as otherwise specifically disclosed, Mercom owns the Copyright on all of the information, graphics, arrangements of information and content on the various pages of this web site. Such information, graphics, arrangements and content are subject to applicable copyright laws.

Content Copyright:
Except as otherwise specifically disclosed, either in the materials to be sold or on this web site, Mercom owns the Copyright on all of the various reports and other materials offered for sale. Such materials are protected by applicable copyright laws.

Products:
Mercom reserves the right to withdraw any product from its range at any time or to withdraw any quotation prior to order without notice.

Mercom reserves the right to increase the current rates from time to time prior to the placement of an order.

Use of Purchased Reports:
Mercom reports and publications (herein referred to as reports, report, product, products, publication, publications) is copyright protected and as such, any unauthorized copying, electronically or mechanically, or distribution is prohibited by U.S. and international law. Federal copyright law (Title 17 of the U.S. Code) makes it illegal to reproduce part or all of Mercom's publications without written permission.

The entity, its employees or agents or individual is purchasing a license to gain access to one or more of Mercom reports.

The Purchaser must specify which type of license they require. The terms of specific license and License Agreement are included within these Terms and Conditions. For avoidance of doubt, acceptance of these Terms and Conditions constitutes acceptance of the terms of the License Agreement.

The Purchaser (and if applicable all employees of his or her company) of this or any other license agrees to restrict its usage of it according to the provisions of the following license agreement. Should the company wish to upgrade the User License, please contact Mercom.

These terms and conditions shall apply to every sale of report by Mercom. The placing of an order shall be deemed to constitute an unqualified acceptance of these Terms and Conditions.

Assignability:
This license is non-transferable. Purchaser agrees to limit its usage to employees of its company. Under no circumstances may the Mercom reports be shared with outside entities including (but not limited to) suppliers, customers, partners, affiliates, investors, or other outside entities particularly if that entity is deemed competitive to Mercom Capital Group, LLC. This license is also not transferable in the event of a sale of the purchaser or its assets.

This license is non-refundable. Given the highly consumable nature of these products, Mercom does not provide refunds or exchanges for reports after the product has been purchased.

If you are not a licensed purchaser or user of these products or reports then you have no rights to use or be in possession of these report.

Terms of Usage:
Mercom recognizes that the Purchaser will want to make "fair use" of information from this web site and from the reports purchased from Mercom, as such is permitted by applicable copyright law and by your agreement at the time of purchase. Mercom has stated the purchase prices and use allowances depending upon the number of persons and or devices that Purchaser may wish to have regular access to a report. No report may be posted on a company web site or intranet unless you purchase an "Enterprise License." Of course, no material may be excerpted and used as your own work except as permitted by applicable copyright laws. Fair use - Paraphrasing of materials and specific quotations may be used in connection with internal reports with appropriate attribution, as would be the case with written materials.

License Options:
For Single User Licenses:
By purchasing a Single User License of a report, you and your company agree that one individual will have access to the report as an electronic copy and will not be shared with other employees within or without the same company. The access to or storage of the document shall be limited to one registered computer. You and your company agree that the report will not be posted on a company web site or intranet. User will have permission to print one copy of the report for personal use but may not be reproduced for distribution.

For Department Licenses:
By purchasing a Department License of the report, you and your company agree that up to four users only within the same department/branch and location within the same company will have access to the report and the report will be resident on or accessible only on registered computers of the same four users within the same department/branch and location within the same company. You and your company agree that the report will not be posted on a company web site or intranet. This license will permit a total of four printed copies of the report for the licensed users that may not be reproduced for distribution.

For Enterprise Licenses:
By purchasing an Enterprise License of the report, you and your company agree that the version will be resident on one of your computers or your intranet site and accessible only by employees who have proper access to such computer or site. The Enterprise Licenses grants access to a specific report to a company wide audience. This excludes subsidiary companies or other companies within a group of companies.

In the event of a purchase of Single or Department Licenses, purchaser will supply Mercom Capital Group with details of defined users including name, office location and email address. For more information about your license, please email us at: info@mercomcapital.com.

Refunds, Exchanges and Cancellation:
All sales are final. Given the highly consumable nature of our products Mercom does not provide refunds or exchanges once the product has been purchased, even in the case of a purchase of reports that are to be released on a future date.

Delivery:
Mercom ships electronically to the purchaser or their designated assignee at the time of sale. At no point will Mercom ship a product without confirmed receipt of payment. At no time will Mercom ship to a third party without prior approval by both purchaser and Mercom. When a purchaser purchases multiple reports together, completed reports will be delivered upon receipt of full payment for all reports and future reports will be delivered on release date.

Account Information:
It is up to you to maintain the privacy of your account information on your computer and in your personal records. Account information with Mercom is maintained as confidential to the extent possible with respect to its business needs.

Privacy Policy:
Mercom accumulates only such information about you as is needed for the purpose of maintaining an account relationship.

Mercom does not sell or provide any customer information or account information to other parties except as may be necessary or appropriate: (i) to complete a transaction, such as by transmitting credit card or similar information to a card processing service and by providing necessary information to a shipper; (ii) to protect the rights of Mercom; (iii) to comply with applicable laws, regulations and court orders; and (iv) to permit processing of the various books and records of Mercom. Customer information is strictly for Mercom's own use and the customer's benefit.

In order for Mercom's web site to identify you properly as a customer, identifying information about you and your account may be placed on your computer.

Liability:
The following provisions set out the entire financial liability of Mercom (including any liability for the acts or omissions of its employees, agents, subsidiaries and subcontractors) to the Purchaser in respect of any breach of the contract; or any representation, statement or tortious act or omission, including negligence arising under or in connection with the contract.

Mercom's total liability for direct loss or damage in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance of or failure to perform the contract shall be limited to the total price paid by Purchaser under the terms and conditions.

Mercom shall not be liable to the Purchaser for any pure economic loss, loss of profit, loss of business, depletion of goodwill or otherwise (in each case whether direct, indirect or consequential), or for any costs, expenses or other claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with its purchase of Mercom reports or services.

Mercom shall not be liable to a web site user for any pure economic loss, loss of profit, loss of business, depletion of goodwill or otherwise (in each case whether direct, indirect or consequential), or for any costs, expenses or other claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with the use of the Mercom web site.

To the maximum extent permitted by law, Mercom or any of its employees, or its subsidiaries or any of its subsidiary's employees shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from: any errors in or omissions from the Material (including, but not limited to web site and report content, images, graphs) available or not included therein; the unavailability or interruption to the supply of the Material or any features thereof or any Material; your use of any equipment in connection with the Material; the content of Material; any delay or failure in performance beyond the reasonable control of Mercom, or; any negligence of Mercom or its employees in connection with the performance of our obligations under this Agreement.

Mercom's liability to Purchaser for breach of any condition or warranty implied under any law which cannot be lawfully modified or excluded by this agreement shall, to the extent permitted by law, be limited at our option to supplying the Material again or paying for their re-supply.

Mercom's liability to Purchaser for loss or damage of any kind (including loss or damage caused by negligence) is reduced to the extent that Purchaser caused or contributed to that loss or damage.

The aggregate liability of Mercom in connection with any other claim arising out of or relating to the Material purchased shall not exceed the total price payable under the Terms and Conditions for the supply of Material or report.

Mercom shall not be liable for any special, indirect, incidental, or consequential damages of any kind whatsoever (including, without limitation, legal fees) in any way due to, resulting from, or arising in connection with the Material purchased, or the failure of Mercom to perform its obligations, regardless of any negligence of Mercom.

The Material, reports purchased or web site information is provided for reference purposes only and are not intended, nor should they be used, as a substitute for professional advice or judgement.

Whilst reasonable efforts are made to keep the Material, reports and web site information up to date, you should obtain independent verification or advice before relying upon any piece of information in circumstances where loss or damage may result. Nothing in Mercom's reports constitutes or should be taken as investment advice.

While Mercom makes every effort to ensure accuracy of the information on its web site and in its report, this information may be inaccurate or out-of-date. Mercom assumes no responsibility regarding the accuracy of the information that is provided on the Mercom web site or in Mercom reports and use of such information is at your own risk.

Mercom shall not be responsible for any failure to remove, or delay in removing, harmful, inaccurate, unlawful, or otherwise objectionable content within the Mercom website.

Content on the Mercom website or in its reports may be changed, updated, or deleted without notice for any reason at Mercom's sole discretion.

Limited Warranty:
The information contained in the material purchased and on this web site is believed to be reliable but cannot be guaranteed to be correct, complete or free from errors.

If the Material's electronic delivery format is defective, Purchaser shall notify Mercom via email at: info@mercomcapital.com. Mercom will replace the Material in question at no additional charge, only if notified of the defective formatting within 7 days from the date of the original receipt of the Material.

Governing Law:
These terms and conditions are governed by, construed and enforced in accordance with the laws of the State of Texas, USA, without regard to any conflict of law principals. All claims, if any, arising under these terms and conditions shall be brought only in the courts located in Austin, Texas, USA, and you agree to the jurisdiction and venue of such courts. If any provision of these Terms and Conditions is determined to be unenforceable, such will not affect the other provisions of these terms of service.

Dispute Resolution:
Purchaser and Mercom will attempt in good faith to resolve any dispute or claim arising out of or relating to the purchase of a report or any of these terms and conditions, promptly, through negotiation between the respective parties.

If the matter is not resolved through negotiation, the parties will attempt in good faith to resolve the dispute or claim by arbitration conducted according to the procedures of the American Arbitration Association by a single arbitrator chosen by Mercom and agreeable to you. The arbitration will be held in Austin, Texas, USA, and any action to enforce any decision of an arbitrator or concerning any use of this web site, or Mercom reports or the Terms and Conditions will be brought in a court of competent jurisdiction in Austin, Texas. This arbitration provision will not require Mercom to submit to arbitration any claim for infringement of copyright, trademarks or other intellectual property rights, with respect to which the right to invoke applicable statutory enforcement provisions is retained. In addition to any other relief which may be properly awarded, the party substantially prevailing on the merits with respect to any such claim will be entitled to be awarded reasonable attorney's fees and costs.

 
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