MCG

 

User Information Policy

This policy explains the use and protection of the information you provide in connection with your activities on or related to MercuryCommunicationsGroup.com (hereafter “MCG,” “us,” “we,” or “our”), including Internet protocol addresses, the domain you use to access the Mercury Communications Group website (“Website”), the version and type of browser or operating system you use, the web page you came from or visit next, your age and geographic location, average time spent on the Website, survey data, and site registrations (“User Information”).

By clicking the “Send” icon related to this policy, you expressly and voluntarily agree to the following terms and conditions:  

1. Collection of User Information.  You expressly consent to our collection, transfer, storage, use and disclosure of your User Information, inside and outside of our servers.  We reserve the right to use your User Information for purposes of gathering marketing information and performing statistical analyses of Website user preferences and characteristics. 

2. Use of User Information.  You agree that we may use your User Information in the usual course of business, to provide a follow-up response(s) to your questions, comments, letters, messages and/or requests. 

3. Safeguards and Security.  Mercury Communications Group shall store all User Information and protect such information by security safeguards appropriate to the sensitivity of such information. Despite these protections, you hereby acknowledge the risk and possibility that unauthorized third parties could illegally “hack” into, abuse and/or misuse your User Information.  Accordingly, you release Mercury Communications Group and all related entities from any and all liability associated with third parties illegally accessing or misappropriating your User Information.

4. Links to Other Sites and Advertisements.  The Website may contain links to other web pages and services. While Mercury Communications Group tries to link only to other web pages and services that share our high standards and respect for privacy, you hereby agree that we are not responsible for the content of or the privacy practices employed by, other companies or websites.

5. Disclaimer of Warranties.    

YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. MERCURY COMMUNICATIONS GROUP AND ITS RELATED ENTITIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. 

MERCURY COMMUNICATIONS GROUP AND ITS RELATED ENTITIES MAKE NO WARRANTY THAT (i) THE WEBSITE WILL MEET YOUR REQUIREMENTS; (ii) USE OF THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE WEBSITE OR ITS OPERATIONS WILL BE CORRECTED.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

 6. Limitation of Liability.  

YOU EXPRESSLY UNDERSTAND AND AGREE THAT MERCURY COMMUNICATIONS GROUP AND ITS RELATED ENTITIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MERCURY COMMUNICATIONS GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR INABILITY TO USE THE WEBSITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; OR (v) ANY OTHER MATTER RELATING TO THE WEBSITE.

7. Indemnity.  You agree to indemnify and hold us and our related entities, employees, officers, directors, agents, partners and affiliates harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising from any questions, comments, letters, messages or requests you submit, post, transmit or otherwise make available through the Website, breach of the representations and warranties above, use of the Website, violation of the terms of this policy, or your violation of any rights of another.

8. Updates.  Mercury Communications Group reserves the right to update this policy. We will notify you of significant changes in the way we treat User Information by sending notice to the primary email address specified in your user account or by placing a prominent notice on the Website.  At all times, the terms and conditions of our Terms of Use policy, shall appear at http://www.mercurycommunicationsgroup.com/user-information-policy.php. If you do not agree to the terms and conditions above, you should not register with Mercury Communications Group and/or “opt-out” of this policy by sending written notice to info@mercurycommunicationsgroup.com.

9. Choice of Law and Forum.  You agree that the laws of the State of New York shall govern this policy.  You further agree that all differences between you and us related to this policy shall first be submitted to mediation.  In the event litigation is necessary thereafter, the applicable State and Federal Courts of New York shall have full and exclusive jurisdiction over all disputes.  You further agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to this policy shall be filed within one (1) year after such claim or cause of action arose or be forever barred.

© 2008 MercuryCommunicationsGroup.com.
All Rights Reserved.  Revised June 2008.

 

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