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Visitor Agreement

Website User Agreement and Disclaimers:

Please read the following terms and conditions carefully before using this website. By accessing or using our website, you agree to all of the terms and conditions of this agreement. You should review these terms and conditions regularly as they may change at any time at our sole discretion.  Mercom reserves the right to amend these terms and conditions from time to time and your use of the website constitutes your acknowledgement that you have read this agreement and have retained a copy for your records.  If you do not agree to any term or condition, you should not access or otherwise use our site. The following terms and conditions apply to all of our websites, including any websites or web stores owned, operated or sponsored by any of our affiliates. "Content" refers to any materials, documents, images, graphics, logos, design, audio, video and any other information provided from or on our websites.  These Terms and Conditions of Use govern your use of the information and content provided through the Website. Nothing contained in the Website shall be construed as granting you any right or license to any content or information displayed, transmitted or otherwise communicated through the Website. The actual sale of products and/or grant of rights and license are governed by the terms of terms and conditions of sale executed by and between you and us. We may change these Terms & Conditions of Use at any time. You are responsible for checking these terms periodically for changes. If you continue to use Website after we post changes to these Terms of Use, you are signifying your acceptance of the new terms. Your right to use the Website automatically terminates if you violate these Terms & Conditions of Use or our Sales Agreement, or upon expiration or termination of our Sales Agreement for any reason whatsoever.  We also reserve the right, in our sole discretion, to terminate your access to all or part of Website, for any reason, with or without notice.

1. We Provide Our Website For Your Convenience Only
Our Website is provided to you without charge as a convenience and for your information only. By merely providing access to our Website content, we do not warrant or represent that:

  • the content is accurate or complete;
  • the content is up-to-date or current;
  • we have a duty to update any content;
  • the content is free from technical inaccuracies or typographical errors;
  • the content is free from changes caused by third party; and
  • your access to our Website will be free from interruptions, errors, computer viruses or other harmful components.

We do not assume any liability for these matters. In other words, you use our Website at your own risk. Under no circumstances, including, but not limited to, negligence, shall we be liable for any direct or indirect, special, incidental or consequential damages. This includes loss of data or profit arising out of the use or the inability to use the content of this Website, even if one of our representatives has been advised of the possibility of your damages. If your use of our Website results in your need to service, repair or correct equipment or data, you assume the costs to the extent the law allows. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages. In such jurisdictions, our liability is limited to the greatest extent permitted by law.

2. We Provide Our Website "As Is" and Disclaim All Warranties
Our Website content is provided "as is" and without warranties of any kind, either express or implied. We disclaim all warranties, express or implied, including, but not limited to, implied warranties and merchantability and fitness for a particular purpose.

3. We Do Not Have Responsibility for Links to Third Party Content
We may provide hyperlinks or pointers to other Websites maintained by third parties or may provide third party content on our Website by framing or other methods. The links to third party Websites are provided for your convenience and information only. The content in any linked Websites is not under our control so we are not responsible for the content, including any further links in a third party site. If you decide to access any of the third party sites linked to our Website, you do this entirely at your own risk. It is up to you to take precautions to ensure that the third party you link to for your use is free of computer viruses, worms, Trojan horses and other items of a destructive nature.

4. If We Provide a Link, We Do Not Necessarily Endorse A Third Party
We reserve the right to terminate a link to a third party Website at any time. The fact that we provide a link to a third party Website does not mean that we endorse, authorize or sponsor that Website. It also does not mean that we are affiliated with the third party Website's owners or sponsors.

5. If a Third Party Links to Our Website, It is Not an Endorsement
If a third party links to our Website, it is not necessarily an indication of an endorsement, authorization, sponsorship, affiliation, joint venture or partnership by or with us. In most cases, we are not aware that a third party has linked to our Website.

A Website that links to our Website:

  • May link to, but not replicate, our content;
  • Should not create a browser, border environment or frame our content;
  • Should not imply that we are endorsing it or its products;
  • Should not misrepresent its relationship with us;
  • Should not present false information about our products or services; and
  • Should not contain content that could be construed as distasteful, offensive or controversial, and should contain only content that is appropriate for all age groups.

6. If You Transmit or Provide Data to Us, It is Non-Confidential
We do not want to receive confidential or proprietary information from you through our Website. If you transmit to or post on our Website any material, data, information or idea by any means, it will be treated as non-confidential and non-proprietary and may be disseminated or used by us for any purpose. Personal data provided to us will be handled in accordance with our policies regarding privacy.

You are not authorized to post on or transmit to or from our Website any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other content that could give rise to any civil or criminal liability under the law.

7. Your Use of Our Website is Restricted
Our Website and its content are owned and operated by us. Our Website's content is copyrighted and protected by U.S. and worldwide copyright laws and treaty provisions. In addition, our Website content is protected by trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

No content from our website, or any other Website owned, operated, licensed or controlled by us may be copied, reproduced, republished, modified, uploaded, posted, transmitted, or distributed in any way. You also may not, without our permission, "mirror" any material contained on our Website on any other server. The sole exceptions to these restrictions are:

  • you obtain written permission from us to waive these restrictions; or
  • you may download one copy of the content on a single computer for informational, non-commercial and personal use only, provided you keep intact all copyright and other proprietary notices and do not modify, and will not copy or post, the content on any network computer or broadcast in any media.

Violation of these restrictions will be a violation of one or more laws and is expressly prohibited by law. If you violate these restrictions, you may be subject to civil and criminal penalties. If we grant you permission to waive these restrictions, the permission terminates automatically if you breach any of these terms or conditions. Upon termination, you must immediately destroy any downloaded materials and printed materials.

8. You Must Obey Local Laws in Accessing Our Website
This site is controlled by us from our offices within the United States of America. We make no representation that content or materials in the site are appropriate or available for use in other jurisdictions. Access to our Website content or materials from jurisdictions where such access is illegal or prohibited. If you choose to access this site from other jurisdictions, you do so on your own initiative and are responsible for compliance with applicable local laws. We are not responsible for any law violations. You may not use or export the materials in this site in violation of U.S. export laws and regulations. Any claims relating to our Website and its content and materials shall be governed by the laws of the State of South Carolina without giving effect to any principles of conflicts of laws. You agree that any legal action or proceeding between us for any purpose concerning this Agreement or the parties' obligations shall be brought exclusively in a federal or state court in South Carolina.

9. You are Bound by Changes in this Agreement's Terms and Conditions
We may at any time revise these terms and conditions by updating this posting. By using our Website, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current Mercom Website User Agreement and Disclaimers to which you are bound. Certain provisions of these terms and conditions may be superseded by other legal notices or terms located on parts of our Website. In the event of a conflict between the terms and conditions of this Agreement and the terms and conditions of any other written agreement between Mercom Incorporated and its customers or vendors, the express terms and conditions of the latter agreement shall prevail.

10. You Agree to Indemnify Us for Using Our Website
You agree to indemnify, defend and hold harmless Mercom Incorporated, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to us from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement by you.

11. Third Parties May Have Rights Under This Agreement
Some of the provisions of this Agreement are for the benefit of Mercom Incorporated and its officers, directors, employees, agents, licensors, and suppliers. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.

12. How This Agreement May Be Terminated
This Agreement may be terminated by either party without notice at any time for any reason; provided that you may no longer use our Website after you have terminated this Agreement. Provisions 2, 6, 7, 8, 10, and 11 of this Agreement shall survive any termination of this Agreement.

13. Miscellaneous
Our failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. We may assign our rights and duties under this Agreement to any party at any time without notice to you.

14. Privacy Statement
The Privacy Statement explains the practices that apply to your personal and other information we collect when you use the Website. Your ongoing use of Website signifies your consent to the information practices disclosed in our Privacy Statement.

15. Website Content
We may discontinue or change any service or feature on Website at any time and without notice. The Website may include links to third party websites. You acknowledge and agree that we are not responsible or liable for any content or other materials on these third party sites.

16.  Obligations
You may not use the Website or any content or information contained therein for unlawful purposes. You may not submit or transmit through Website any material, or otherwise engage in any conduct that:

  • violates or infringes the rights of others including, without limitation, patent, trademark, trade secret, copyright, publicity or other proprietary rights;
  • is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortuous, or contains explicit or graphic descriptions, or accounts of, sexual acts;
  • victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
  • impersonates any person, business or entity, including their employees and agents;
  • contains viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of a computer or computer network;
  • encourages conduct that would constitute a criminal offense, or that gives rise to civil liability;
  • violates these Terms of Use, guidelines or any policy posted on the Website, or
  • interferes with the use of Website by others.

You may not use Website in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party's use of the Website. You may not attempt to gain unauthorized access to any information, user accounts, computer systems or networks, through hacking, password mining or any other means. We may take any legal and technical remedies to prevent the violation of this provision and to enforce these Terms & Conditions of Use.

17. Proprietary Rights
We and our suppliers own any and all of the copyrights, trademarks, service marks, and other intellectual property rights ("IP") displayed, communicated or otherwise transmitted on the Website. No right or license to the IP is granted to you through these Terms & Conditions of Use or the Website. The IP is protected by international treaties, and by copyright, trademark, patent, trade secret and other laws, both foreign and domestic.

18. Warranty Disclaimer
We provide the Website "as is", "with all faults" and "as available." We and our suppliers make no express warranties or guarantees about the Website or any information, content or other material displayed, communicated or otherwise transmitted through the Website. To the extent permitted by law, we and our suppliers disclaim implied warranties that the website and all content displayed through the website are merchantable, of satisfactory quality, accurate, timely, fit for a particular purpose or need, or non-infringing. We do not guarantee that the website will meet your requirements, is error-free, reliable, without interruption or available at all times. We do not guarantee that the results that may be obtained from the use of the website, including any product or services, will be effective, reliable, and accurate or meet your requirements. We do not guarantee that you will be able to access or use the website (either directly or through third-party networks) at times or locations of your choosing.

19. Limitation of Liability
We and our suppliers shall not be liable for any direct, indirect, special, incidental, consequential or exemplary damages arising from your use of, inability to use, or reliance upon the website. These exclusions apply to any claims for lost profits, lost data, loss of goodwill, work stoppage, computer failure or malfunction, or any other commercial damages or losses, even if we knew or should have known of the possibility of such damages. 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, and the liability of our parent and suppliers, is limited to the extent permitted by law. Your sole and exclusive remedy for any other dispute with us is to discontinue your use of the website.

20. Indemnification
Upon a request by us, you agree to defend, indemnify, and hold harmless us and our respective employees, contractors, officers, directors, and agents from all liabilities, claims, and expenses, including attorney's fees that arise from your use or misuse of Website. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject

21. Notices
You agree that we may provide to you required notices, agreements and other information concerning the Website electronically. If you want to withdraw your consent to receive notices electronically, you must discontinue your use of Website.

22. Entire Agreement
These Terms & Conditions of Use constitute the entire agreement between you and us regarding the use of the Website and supersedes all previous written or oral agreements. If any part of these Terms & Conditions of Use is held invalid or unenforceable, that portion shall be deleted and the remaining portions shall remain in full force and effect.