Terms of Service

Please Read These Terms and Conditions of Use Carefully Before Using this Website

General

The following terms and conditions of use (the “Terms of Use”) govern your use of this website (this “Site”). All references in these Terms of Use to “we”, “us”, “our” and “Mercer” are to Mercer Tool Corp., a corporation organized and existing under the laws of the State of New York.

BY USING THIS SITE, YOU EXPLICITLY AGREE THAT YOU ARE AT LEAST EIGHTEEN (18) YEARS OF AGE AND BOUND BY THESE TERMS OF USE. If you do not agree to these Terms of Use, you must immediately exit this Site and discontinue the use of this Site and any information, product, or services found therein.

As you read these Terms of Use, we strongly recommend that you also access and read the information contained in the other pages and websites referred to herein, including the Privacy Policy. Furthermore, please note that all headings in these Terms of Use are for reference and convenience purposes only and in no way limit the scope or extent of such section.

Upon Mercer’s belief that your conduct fails to conform with these Terms of Use, Mercer, in its sole discretion and without notice, reserves the right to block your access to this Site, to terminate the limited license, to investigate, to involve and cooperate with law enforcement authorities, and to pursue a civil action or criminal prosecution for any alleged or actual illegal activities involving this Site.

Security

You are prohibited from violating or attempting to violate the security measures on this Site, including, without limitation:

  • (1) Using a false password or one belonging to another user, or accessing data not intended for the user, or logging into a server or account which such user is not authorized to access;
  • (2) Disclosing a password, or permitting a third party to use a password, or failing to notify us if a password is compromised;
  • (3) Attempting to probe, scan or test the vulnerability of the system or network, or to breach security or authentication measures without proper authorization;
  • (4) Attempting to interfere with service to any user, host or network, including, without limitation, via means of “overloading”, “flooding”, “mail bombing” or “crashing”;
  • (5) Sending unsolicited e-mail, including promotions and/or advertising of Mercer products or services;
  • (6) Without the prior written consent of Mercer, distributing, modifying, transmitting, transferring, displaying, performing, reproducing, publishing, re-publishing, licensing, creating derivative works of, or selling any Site content;
  • (7) Falsifying headers, creating a false identity, or otherwise forging or manipulating identifiers in order to deceive others or disguise the true origin of any user content transmitted or transferred to or via this Site;
  • (8) Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting; or
  • (9) Hijacking all or any part of this Site content, deleting or changing any Site content, deploying pop-up messages or advertising, running or displaying this Site or any Site content in frames or through similar means on another Site, or linking to this Site or any page within this Site, without our specific written permission.

You agree to use this Site only for lawful purposes and only for your own personal, non-commercial use. You may not use this Site to transmit, post, download, distribute, copy, display publicly, store or destroy material or data (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, patent, trademark, trade secret or other intellectual property rights of Mercer or any others or violate the privacy or publicity or other personal rights of Mercer or any others, or (c) that is libelous, obscene, offensive, threatening, defamatory, abusive or hateful.

Ownership of Content

This Site and all of its contents, including, but not limited to, all text, graphics, data, and images (“Content”) are owned and copyrighted, or licensed, by Mercer with all rights reserved unless otherwise noted. Any Content that is used as a trademark or logo is also a Mercer owned or licensed trademark of Mercer, unless otherwise noted. The compilation of all content on this Site is the exclusive property of Mercer and is protected by U.S. and international copyright law. Your use of any content, except as provided in these Terms of Use, without the written permission of Mercer, is strictly prohibited. You are also advised that Mercer will aggressively enforce its intellectual property rights to the fullest extent of the law, including criminal prosecution.

Limited License

Subject to these Terms of Use, Mercer grants you a personal, non-exclusive, non-transferable, limited right to access, use and display this Site and the content thereon on the condition that you agree, and in fact abide by said agreement, not to interrupt or attempt to interrupt the operation of this Site in any way.

Mercer authorizes you to view and download the content(sometimes referred to herein as the “materials”) at this Site, If any, only for your personal, non-commercial use. This authorization is not a transfer of title in the materials or copies of the materials and is subject to the following restrictions:

  • you must retain, on all copies of the materials downloaded, all copyright and other proprietary notices contained in the materials;
  • you may not change or modify the materials in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose; and
  • you must not transfer the materials to any other person unless you give them notice of, and they agree to accept, the obligations arising under these Terms of Use.

You agree to abide by all additional restrictions displayed on this Site as it may be updated from time to time. This Site, including all materials, is copyrighted and protected by worldwide copyright laws. You agree to comply with all trademark, copyright, and other laws worldwide in your use of this Site and to prevent any unauthorized copying of the materials. Except as expressly provided herein, Mercer does not grant any express or implied right to you under any patents, trademarks, copyrights or trade secret information.

Mercer Abrasives Brand Logo

No permission is granted to use any Mercer Abrasives Brand or Logo unless a request for such use is made and written permission is granted Mercer.

Registration

You may be required to register with Mercer in order to access certain areas of this Site. With respect to any such registration, Mercer reserves the right to refuse to grant you such access because your requested user name or email address is being used by someone else, you may be impersonating another person, that it may violate the intellectual property or other rights of any person or entity, it is offensive or for any other reason in our sole discretion. You are responsible for protecting the confidentiality of any identification or user name or password you may use to access the Site. You agree not to transfer your identification or user name or password, or use of same, to any third party. You are fully responsible for all interaction with the Site that occurs in connection with your password or identification or user name. You agree to immediately notify Mercer of any unauthorized use of your identification, user name, or password for this Site. Mercer is not liable for any loss or damage arising from your failure to comply with any of these obligations.

Information Provided By You

Confidential or Proprietary Information – Mercer does not want you to, and you agree not to, send any confidential or proprietary information to Mercer via the web, either by e-mail, discussion groups or chat rooms, or through any social media (e.g., Facebook, Twitter, etc.) You agree that any information or materials that you or individuals acting on your behalf provide to Mercer will not be considered confidential or proprietary. By providing any such information or materials to Mercer, you grant to Mercer an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, publicly perform, transmit and distribute such information and materials, and you further agree that Mercer is free to use any ideas, concepts or know-how that you or individuals acting on your behalf provide to Mercer. You further recognize that Mercer does not want you to, and you warrant that you shall not, provide any information or materials to Mercer that is defamatory, threatening, obscene, harassing, or otherwise unlawful, or that incorporates the confidential or proprietary information or materials of another.

Indemnity and Limitations of Damages

You shall indemnify and hold harmless Mercer and its affiliates, and their officers, directors, shareholders, affiliates, subsidiaries, agents, licensors, service providers, subcontractors, suppliers and employees from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees) incurred in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of this Site violates any applicable law or regulation, or the rights of any third party.

Your use of this Site, services, materials, and information contained therein is at your own risk.

Mercer reserves the right to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with Mercer in the defense of such matter and reimburse Mercer for any attorneys’ fees or other legal or court costs incurred in connection with such defense.

Disclaimer

Your use of this site is at your sole risk. this Site is provided on an “as is” and “as available” basis. we reserve the right to restrict or terminate your access to this Site or any feature or part thereof at any time. mercer expressly disclaims all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose and any warranties that materials on this Site are noninfringing, as well as warranties implied from a course of performance or course of dealing; that access to this Site will be uninterrupted or error-free; that this Site will be secure; that this site or the server that makes this site available will be virus-free; or that information on this site will be complete, accurate or timely. if you download any materials from this site, you do so at your own discretion and risk. you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such materials. no advice or information, whether oral or written, obtained by you from mercer or through or from this site shall create any warranty of any kind. mercer does not make any warranties or representations regarding the use of the materials on this site in terms of their completeness, correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise.

Limitation of Liability

Mercer assumes no responsibility for and shall not be liable for any damages to, interruption of service or viruses that may infect your computer or telecommunications equipment arising from your access to or use of this site and its contents. in no event shall mercer or any of its affiliated entities or suppliers or their respective officers, directors, employees or agents be liable for any direct, indirect, special, punitive, incidental, exemplary or consequential damages, including, but not limited to, lost profits, business interruption, loss of information or data, even ifmercer has been previously advised of the possibility of such damages, whether in an action, under contract, tort or any other theory, arising out of or in connection with the use, inability to use or performance of the information, services, products and materials available from this site. these limitations shall apply notwithstanding any failure of essential purpose or the existence of any limited remedy. because some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you.

Termination

You agree that Mercer, in its sole discretion, may terminate your access to or use of this Site at any time, and for any reason, including, but not limited to, if Mercer believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Use. Upon such termination, your right to use the Site will cease immediately. You agree that any such termination may be made by Mercer without prior notice to you. You further agree that Mercer will not be liable to you, or any third party, for any termination of access to the Site or to any information held by Mercer.

Changes

Mercer reserves the right, at its sole discretion, to change, modify, add or remove any portion of these Terms of Use or the Site, in whole or in part, at any time, without notice. Changes in this agreement and the Site will be effective when notice of such change is posted. Your continued use of this Site after any changes to these Terms of Use are posted will be acceptance of those changes.

International Users and Choice of Law

This Site is operated and administered from within the United States of America. If you access this Site from a location outside of the United States, you are responsible for compliance with all local laws. These Terms of Use and your use of this Site shall be governed by the laws of the State of New York, without giving effect to its conflict of laws provisions. You agree to submit to the jurisdiction of the courts located in the State of New York, County of Suffolk and the federal courts located in the Eastern District for the resolution of all disputes arising from or related to these Terms of Use and/or your use of this Site, and you waive any jurisdictional, venue, or inconvenient forum objections to such courts. These terms, as well as Mercer’s website Privacy and Disclaimer links, constitute the entire agreement between Mercer and you with respect to your use of the site. If for any reason a court of competent jurisdiction finds any provision of the agreement or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the agreement, and the remainder of this agreement shall continue in full force and effect.

Intended Users

This Site is not intended for persons under 18 years of age. We do not knowingly solicit or collect personal information from or about children, and we do not knowingly market our products or services to children.

Use of Collected Information

Information that we collect is used to measure and administer the number registered users and viewer statistics, such as the number of viewers that visit this Site, average time spent on this Site, pages viewed, etc. We use this information to measure the use of our Site and to improve the content of our Site.

When other information is collected from you, such as your name and e-mail address, Mercer will make commercially reasonable efforts to let you know at the time of collection how this information will be used. Usually, the personal information you provide will only be used to respond to an inquiry you make or to process your request. This information may be shared with other Mercer businesses, but only if necessary to fulfill your request or for related purposes. Mercer does not share, sell, or lease personal information about you to any third-parties for their marketing use. Mercer will release information about you if you direct it to do so, if Mercer is required by law to do so, or in other legally limited circumstances.

If you register with one of Mercer ‘s business units online, they may use your information to provide you with custom information about Mercer’s offerings in support of your business needs. You should review the privacy policy associated with that Mercer business’s website for further information about that Mercer business’ privacy practices.

Links to Other Sites

Mercer’s Site may contain links to other sites and affiliates. While Mercer makes reasonable efforts to try to link only to sites that share Mercer’s high standards and respect for privacy, Mercer is not responsible for the content, security, or privacy practices employed by other sites.

Contacting Us

Mercer welcomes your questions and suggestions about these Terms. If you have any questions, please contact us at info@mercerabrasives.com.

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