Mercetra Terms and Conditions

MERCETRA

Terms of Use

 

Last updated January 26, 2023

 

These Terms of Use ("Terms") constitute a binding agreement between you and MERCETRA LLC, herein referred as (“Mercetra”, “we”, or “us”), with respect to your use of our website available at: www.Mercetra.com, our social media pages and accounts, and our mobile applications (collectively, "Site"). These Terms also apply to the services available on and through the Site ("Services"). You must be at least 18 years of age to access and use the Site and Services.

 

PLEASE READ THESE TERMS CAREFULLY. BY ACCESSING OR USING THE SITE OR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND SUCH OTHER TERMS, CONDITIONS, POLICIES, AND DOCUMENTS THAT MAY BE INCORPORATED HEREIN BY REFERENCE, INCLUDING, WITHOUT LIMITATION, OUR Privacy Policy. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SITE OR SERVICES.

 

THESE TERMS REQUIRE THE USE OF BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES RATHER THAN JURY TRIALS OR CLASS ACTIONS, IN ACCORDANCE WITH THE TERMS OF THE “ARBITRATION; JURY WAIVER; CLASS ACTION WAIVER” SECTION BELOW.

 

Additional policies, terms, and conditions (including, without limitation, any Site-use or other service fees) (collectively, “Additional Terms”) applicable to certain Services, specific areas of the Site, or to particular content or transactions (including, without limitation, may also be posted in particular areas of the Site and, together with these Terms and the Privacy Policy, govern your access to and use of such Services, content or transactions, or Site areas. Any such Additional Terms are incorporated into these Terms. If any inconsistency exists between these Terms and such Additional Terms, such Additional Terms applicable to that Service, content or transaction, or area of the applicable Site will be controlling with respect to the same.

 

1. CHANGES TO TERMS

We may revise and update these Terms from time to time at our sole discretion. The date these Terms were last updated is set forth at the top of this page. All changes are effective immediately and apply to all access to and use of the Site and Services thereafter. Your continued use of the Site and Services following the posting of revised Terms means that you accept and agree to the changes.

 

2. SCOPE OF AND RESTRICTIONS ON USE

Subject to these Terms, Mercetra grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable right to access and use the Site for your personal, non-commercial use, including any graphics, text, instructions, images, audio files and/or other sounds, videos, and other materials you may view on, access through, or are otherwise related to the Site (collectively, the "Content").

 

You agree not to:

  • except as otherwise provided in these Terms, copy, download, or store the Content in a retrieval system for any other purpose, or redistribute, reuse, or modify the Content for any purpose, without the express written permission of Mercetra;
  • collect information from the Site using an automated software tool or manually on a mass basis;
  • use automated means to access the Site, or gain unauthorized access to the Site or Services or to any account or computer system connected to the Site;
  • obtain, or attempt to obtain, access to areas of the Site, Services or our systems that are not intended for access by you;
  • "flood" the Site with requests or otherwise overburden, disrupt, or harm the Site, Services, or our systems;
  • send bulk emails, surveys, or other mass messaging, whether commercial in nature or not;
  • provide, and you will not use Mercetra to provide, any content or service in any commercial manner, or in any manner that would involve junk mail, spam, chain letters, pyramid schemes, or any other form of unauthorized advertising or commerce;
  • use the Site or Services to promote or operate any service or content without Mercetra's prior written consent;
  • restrict or inhibit other users from accessing or using the Site or Services;
  • modify or delete any copyright, trademark, or other proprietary rights notices that appear on the Site or in the Services or Content; or
  • access or use the Site, Services, or any Content for any unlawful purpose or otherwise beyond the scope of the rights granted to you in these Terms of Use.

 

3. OWNERSHIP

The Site, the Services and the Content are owned by Mercetra and its licensors, and are protected under copyright, trademark, and other applicable United States and international laws and treaties. Without limiting the foregoing, the trademarks, trade names, service marks, and logos displayed on the Site are registered and unregistered marks of Mercetra and its licensors. You acknowledge and agree that, as between you and Mercetra, Mercetra is and shall remain the sole owner of the Site and the Content (except User Content (as defined in Section 7 below)), including, without limitation, all patents, copyrights, trademarks, trade secrets, and other intellectual property and proprietary rights therein and thereto.

4. ACCOUNT REGISTRATION AND SECURITY

Access to and use of the Site and/or Services may require you to register for an account. You agree to provide true, accurate, current, and complete information about yourself as prompted by the applicable registration or log-in form, and you are responsible for keeping such information up to date. You are responsible and liable for all activities conducted through your account, regardless of who conducts those activities. You are responsible for maintaining the confidentiality of your account information, including your username and password. You agree to immediately notify Mercetra of any unauthorized use of your account, or any other breach of security. Mercetra is not liable for any loss or damage arising from your failure to protect your username or password.

 

5. PRIVACY POLICY

Registration data and other personally identifiable information that the Site may collect is subject to, and treated in accordance with, the terms of Mercetra's Privacy Policy.

 

6. REFUND POLICY

All custom made or personalized items are final. For all other products, if for any reason you are unhappy with your purchase, please refer to Mercetra's Return Policy. You will have 14 days following receipt to arrange a replacement or refund. Please refer to our list of Non-returnable items. If you have any questions, please contact support@Mercetra.com .

 

7. USER CONTENT

Certain features of the Site or Services may enable users to submit, upload, post, share, display, or transmit to other users (hereinafter, "post") user-generated Content ("User Content") and interact with others through user comment areas, message boards, direct messages, our blog, and similar user-to-user areas. You may not post any User Content that:

 

  • is unlawful, abusive, malicious, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy rights or right of publicity, or otherwise objectionable;
  • constitutes or promotes sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
  • contains any material that could give rise to any civil or criminal liability under any applicable laws, rules, or regulations or that otherwise may be in conflict with these Terms;
  • infringes upon, misappropriates, or otherwise violates any intellectual property rights or other rights of a third party;
  • constitutes or encourages criminal conduct;
  • contains false, misleading, fraudulent, or deceptive claims or content;
  • gives the impression that it emanates from or is endorsed by Mercetra or any other person or entity, if this is not the case; or
  • contains any virus, malware, spyware, or other harmful content or code.

 

Rights You Grant to Us.

You hereby grant to Mercetra an irrevocable, perpetual, non-exclusive, transferable, sublicensable, royalty-free, worldwide right and license to use, reproduce, display, perform, distribute, and prepare derivative works of any User Content you post on the Site for any purpose and in all forms and all media, whether now known or that become known in the future, and you waive any and all claims that you may have now or may hereafter have in any jurisdiction to so-called "rental rights," "moral rights," and all rights of "droit moral" in your User Content, even if your User Content is altered or changed in a manner not agreeable to you. If you post User Content, you represent and warrant to Mercetra that you own or control all rights in and to such User Content and have the right to grant the rights above to us.

 

No Responsibility.

You acknowledge and agree that you are solely responsible for your User Content, and that Mercetra is not responsible for, and does not endorse, any User Content.

 

No Obligation to Prescreen, Monitor or Use.

Mercetra does not have, and does not undertake, any obligation to prescreen, monitor, edit, or remove any User Content posted on the Site. However, Mercetra retains the right (but not the obligation), in its sole discretion and for any reason, to prescreen, monitor, edit, remove, or move User Content posted on the Site. Mercetra has no obligation to retain or provide you with copies of your User Content, nor does Mercetra guarantee any confidentiality with respect to your User Content. Mercetra has the right (but not the obligation), at Mercetra's sole discretion, to refuse to publish, remove, or block access to any User Content, at any time and for any reason, with or without notice.

 

No Confidential or Proprietary Submissions.

While we appreciate your interest in the Site and our business, Mercetra does not want and cannot accept any ideas or information users consider confidential and/or proprietary. This is to avoid the possibility of future misunderstandings when projects independently developed by or on behalf of Mercetra might seem to others to be similar to users' own creative ideas, suggestions, and/or materials. Except with respect to your personal information as expressly set forth in our Privacy Policy, all comments, suggestions, ideas, drawings, concepts, or other information or materials disclosed or offered to us by you via the Site or in response to solicitations on the Site shall be deemed to be non-confidential and non-proprietary.

 

8. THIRD-PARTY MATERIALS, GOODS AND SERVICES

The Site or Services may display, include, or make available third-party content (including data, information, applications, and other products services and/or materials) or provide links to third-party websites or services (collectively, "Third Party Materials"). You acknowledge and agree that Mercetra is not responsible for Third Party Materials, including their accuracy, completeness, timeliness, validity, legality, decency, quality, or any other aspect thereof. Mercetra does not assume and will not have any liability to you or any other person or entity for any Third-Party Materials. Third Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties' terms and conditions.

 

Goods and services of third parties, including food and other perishable items, may be advertised and/or made available on or through the Site. Mercetra is not responsible for examining or evaluating, and Mercetra does not warrant the offerings of, any of these third parties. Mercetra does not assume any responsibility or liability for the actions, products, and content of these and any other third parties. Representations made regarding products and services provided by third parties will be governed by the policies and representations made by these third parties. Mercetra is not responsible or liable for your transactions, dealings, or interactions with third parties.

 

9. INDEMNIFICATION

You agree to indemnify, defend, and hold Mercetra and its affiliates, licensors, partners, and service providers, and the officers, directors, employees, agents, and representatives of each of them (collectively, the "Mercetra Entities") harmless from and against any claims, liabilities, losses, damages, judgments, awards, costs, and expenses (including reasonable attorneys' fees) arising out of or resulting from your use of the Site, the Services, and/or any Content, or any violation of these Terms or applicable law. We reserve the right, at our own expense, to assume the exclusive defense and control of any action subject to indemnification by you, and in such event, you agree to cooperate with us in defending such action. You agree not to settle any such matter without the prior written consent of Mercetra.

 

10. DISCLAIMERS

THE SITE, SERVICES AND THE CONTENT ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, AND MERCETRA HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE MERCETRA ENTITIES DO NOT MAKE ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE, SERVICES, OR ANY CONTENT, NOR DO THE MERCETRA ENTITIES REPRESENT OR WARRANT THAT DEFECTS WILL BE CORRECTED, THAT THE SITE, SERVICES, CONTENT, OR THE SERVERS THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE, SERVICES, OR THE CONTENT WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. ACCORDINGLY, THE MERCETRA ENTITIES ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE, FOR EXAMPLE, FROM THE SITE'S INOPERABILITY, UNAVAILABILITY, OR SECURITY VULNERABILITIES OR FROM YOUR RELIANCE ON THE QUALITY, ACCURACY, OR RELIABILITY OF THE BUSINESS LISTINGS, RATINGS, REVIEWS (INCLUDING THEIR CONTENT, ORDER, AND DISPLAY), OR OTHER INFORMATION FOUND ON, USED ON, OR MADE AVAILABLE THROUGH THE SITE OR ANY SERVICE.

 

IF YOU ARE DISSATISFIED WITH THE SITE OR THE SERVICES, YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IS TO TERMINATE YOUR ACCOUNT (IF ANY) AND TO DISCONTINUE YOUR ACCESS TO AND USE OF THE SITE.

 

THE MERCETRA ENTITIES MAKE NO CLAIMS OR PROMISES WITH RESPECT TO ANY THIRD PARTY, SUCH AS THE BUSINESSES OR ADVERTISERS LISTED ON THE SITE OR THE SITE'S USERS. ACCORDINGLY, THE MERCETRA ENTITIES ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM THEIR ACTIONS OR OMISSIONS, INCLUDING, FOR EXAMPLE, IF ANOTHER USER OR BUSINESS MISUSES YOUR CONTENT, IDENTITY, OR PERSONAL INFORMATION, OR IF YOU HAVE A NEGATIVE EXPERIENCE WITH ONE OF THE BUSINESSES OR ADVERTISERS LISTED OR FEATURED ON THE SITE.

 

11. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE MERCETRA ENTITIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SITE, SERVICES OR THE CONTENT, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. THE MERCETRA ENTITIES' MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THESE TERMS OF USE OR THE SITE OR ANY SERVICE OR CONTENT IS LIMITED TO THE GREATER OF (a) THE AMOUNT PAID, IF ANY, BY YOU TO MERCETRA IN CONNECTION WITH THE SITE IN THE TWELVE (12) MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (b) U.S. $100.00. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF YOUR REMEDIES UNDER THESE TERMS OF USE FAIL OF THEIR ESSENTIAL PURPOSE.

 

Some jurisdictions do not allow the exclusion or limitation of certain warranties or consequential damages, so some of the exclusions and/or limitations in Section 10 and this Section 11 may not apply to you.

 

12. REPORTING INTELLECTUAL PROPERTY INFRINGEMENT

Mercetra takes claims of intellectual property infringement seriously. It is Mercetra's policy to disable and/or terminate the accounts of users who are repeat infringers. However, Mercetra reserves the right to terminate user accounts based on even a single case of infringement.

 

Copyright Infringement.

We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any Content accessible on the Site infringes your copyright, you may request removal of such Content (or access thereto) by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), your written notice of alleged copyright infringement must include substantially the following:

 

  • your physical or electronic signature;
  • identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Site, a representative list of such works;
  • identification of the Content you believe to be infringing in a sufficiently precise manner to allow us to locate that Content;
  • adequate information by which we can contact you (including your name, postal address, telephone number and, if available, email address);
  • a statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law;
  • a statement that the information in your written notice is accurate; and
  • a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

 

Mercetra's designated agent to receive DMCA notices is:

Mercetra, LLC, Attn: Legal/Compliance
122 West Davis Street, Conroe, Texas 77301
with a copy emailed to legal@Mercetra.com

**NOTE: This contact information is for inquiries regarding potential infringement only.

 

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA notice may not be effective. Please be aware that if you knowingly materially misrepresent that Content on the Site is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.

 

Trademark Infringement.

Using a trademark that is similar to a third party's mark in a way that causes confusion by falsely implying (i) an affiliation or association with the third party or (ii) the third party has sponsored or approved the trademark user's goods or services may be considered trademark infringement. Any action that may be deemed trademark infringement is a violation of Mercetra's trademark policy.

 

If you are a trademark owner and you believe your trademark is being infringed, please be aware that Mercetra does not mediate trademark disputes between Site users and trademark owners. As a result, we strongly encourage trademark owners to resolve their disputes directly with the seller or Site user who posted the Content in question by messaging them directly from the product page. Contacting the seller may resolve things more quickly in a way that is more beneficial to you, the seller or Site user, and the Mercetra community.

 

If you are unable to contact the seller or Site user in question for any reason, please submit a trademark complaint that includes the following information:

 

  • The full legal name of the trademark owner;
  • The address of the trademark owner;
  • Your full legal name (if you are not the trademark owner);
  • Your email address (please use company email address);
  • Your title;
  • The trademark (include a description for any incorporated design elements);
  • The trademark registration number, including registration office;
  • URL of allegedly infringing use of trademark;
  • A statement substantially similar to the following: "Under penalty of perjury, I declare that (a) I have a good-faith belief that the challenged material violates my trademark rights or the rights of the trademark owner, (b) the information in my complaint is true and correct, and (c) I am the trademark owner or am authorized to act on the trademark owner's behalf."

 

The complaint should be sent to:

Mercetra, LLC, Attn: Legal/Compliance
122 West Davis Street, Conroe, Texas 77301
with a copy emailed to legal@Mercetra.com

 

Mercetra's obligation to review the complaint shall be limited to (i) verifying that the listed trademark owner is the most recent owner of the trademark registration identified in the complaint, and (ii) determining that the registered mark is reasonably similar to the allegedly infringing trademark identified in the complaint (collectively, the "Minimum Complaint Standard"). Mercetra, in its sole discretion, shall determine whether a complaint meets the Minimum Complaint Standard and shall notify you of its decision. If your complaint meets the Minimum Complaint Standard, Mercetra shall provide you the name and contact information of the seller or Site user. You agree that you are solely responsible for contacting the seller or Site user, and Mercetra shall not be held responsible if you are unable to resolve your concerns. Because sellers may have valid defenses to use a mark, Mercetra will remove infringing User Content or take other action only if you provide us a copy of a judgment or settlement agreement between you and the seller or Site user indicating that such content should be removed or such other action should be taken, or if the seller or Site user makes such a request to us in writing. As a seller or Site user, you agree that Mercetra may provide your contact information to any party that files a complaint that satisfies the Minimum Complaint Standard.

 

13. RESERVATION OF RIGHTS

Mercetra reserves all of Mercetra's rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets, and any other proprietary right that Mercetra may have in and to the Site, the Content, and goods and Services that may be provided on or through the Site. Other than as set forth in these Terms, the use of Mercetra's rights and property requires Mercetra's prior written consent. By making services available to you, Mercetra is not providing you with any implied or express licenses or rights, and you will have no rights to make any commercial use of the Site or Services without Mercetra's prior written consent.

 

14. CHANGES; SUSPENSION AND TERMINATION

Changes to the Site.

Mercetra reserves the right to make changes to, suspend, or discontinue (temporarily or permanently) the Site or any portion thereof (including any Services or Content) at any time. You agree that Mercetra will not be liable to you or to any third party for any such change, suspension, or discontinuance.

 

Suspension/Termination of Access.

Mercetra has the right to deny access to, and to suspend or terminate your access to, the Site or the Services, or to any features or portions thereof, at any time and for any reason, including if you violate these Terms. If you would like to terminate your Mercetra account, you may email: support@Mercetra.com.

 

15. ARBITRATION; JURY WAIVER; CLASS ACTION WAIVER

Please read this section carefully. It impacts the rights that you may otherwise have. It provides for resolution of most disputes through individual arbitration instead of trial courts and class actions. This “Arbitration; Jury Waiver; Class Action Waiver” section survives any expiration or earlier termination of these Terms.

 

Informal Dispute Resolution.

As a condition precedent which must be satisfied prior to initiating any arbitration or other action against the other party, both you and Mercetra agree to the following dispute resolution procedure:

In the event of any controversy, claim, action or dispute arising out of or related to the Site, the Services, the Content, or the breach, enforcement, interpretation, or validity of this Agreement ("Claim"), the party asserting the Claim must first try in good faith to settle such Claim by providing written notice, by first class or registered mail, to the other party describing the facts and circumstances (including any supporting documentation) of the Claim. The party asserting the Claim must allow the receiving party 30 days in which to respond to or settle the Claim.

 

For purposes of this section, notices must be sent as follows:

  • If to Mercetra:
    Mercetra, LLC, Attn: Legal/Compliance
    122 West Davis Street, Conroe, Texas 77301
    with a copy emailed to legal@Mercetra.com

  • If to Customer: to the last-used billing address or the billing and/or shipping address listed in your customer account.

 

Arbitration.

To the extent you cannot resolve any Claim through the informal dispute resolution procedure set forth above, and except as otherwise set forth herein, a Claim must be resolved through binding individual arbitration. You agree to give up your right to go to court to assert or defend your rights under this Agreement and with respect to any Claim. You and Mercetra each expressly delegate to the arbitrator the authority to determine the arbitrability of any Claim, including the scope, applicability, validity, and enforceability of this arbitration provision.

 

To begin an arbitration proceeding, you must send a written request to Mercetra at:
Mercetra, LLC, Attn: Legal/Compliance
122 West Davis Street, Conroe, Texas 77301
with a copy emailed to legal@Mercetra.com

You agree that the arbitration will be conducted by the American Arbitration Association (“AAA”) pursuant to its Consumer Arbitration Rules (“AAA Rules”), as modified by this Arbitration Agreement. The AAA Rules are available on the AAA’s website www.adr.org, or by calling the AAA at (800) 778-7879. In accordance with the AAA Rules, you must also send a copy of your written demand for arbitration to AAA when submitting your request to Mercetra.

 

In the event that the AAA is unable or unwilling to initiate arbitration within fourteen (14) days of receiving a demand for arbitration, arbitration may be conducted by JAMS, Inc. (in accordance with its Streamlined Arbitration Rules & Procedures) or by any other mutually agreeable arbitration administration service. You and Mercetra each agree that this Agreement evidences a transaction in interstate commerce and that this arbitration provision will be interpreted and enforced in accordance with the U.S. Federal Arbitration Act and federal arbitration law and will not be governed by state law. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. The arbitration will be conducted in the English language. An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief to the extent required to satisfy your individual claim, and must follow and enforce this Agreement as a court would. Any arbitration shall be confidential, and neither you nor Mercetra may disclose the existence, content, or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction.

In lieu of arbitration, and notwithstanding anything in this section to the contrary, either you or Mercetra may bring any individual claim in small claims court consistent with the jurisdictional and dollar limits that may apply, but only if it is brought and maintained as an individual claim. Additionally, and notwithstanding anything herein to the contrary, nothing in this section shall prohibit you or Mercetra from seeking temporary injunctive relief in a court of competent jurisdiction to prevent an imminent or stop an actual breach of this Agreement.

 

Class Action and Jury Waiver.

YOU AND MERCETRA EACH AGREE THAT ANY PROCEEDING, WHETHER IN ARBITRATION OR IN COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. IF A COURT OR ARBITRATOR DETERMINES IN AN ACTION BETWEEN YOU AND MERCETRA THAT THIS CLASS ACTION WAIVER IS UNENFORCEABLE, THE ARBITRATION AGREEMENT SET FORTH ABOVE WILL BE VOID AS TO YOU. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN THROUGH ARBITRATION, YOU AND WE EACH WAIVE ANY RIGHT TO A JURY TRIAL.

 

Governing Law.

Any dispute arising from these Terms or your access to or use of the Site, Services or Content, in any manner, will be governed by and construed and enforced in accordance with the laws of Texas, without regard to conflict of law rules or principles. The United Nations Convention on Contracts for the International Sale of Goods shall have no applicability. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts located in Montgomery County, Texas.

 

16. GIFT CARD TERMS AND CONDITIONS

General.

Mercetra.com gift cards ("Gift Cards") are redeemable only at www.Mercetra.com and through Mercetra's mobile applications. Gift Cards may not be used to purchase other Gift Cards. To redeem you must have or create an account on www.Mercetra.com. Gift Cards are not redeemable for cash, except as required by state law. Gift Cards may be used multiple times until value is depleted. Unauthorized use, reproduction, or resale is prohibited. Gift Cards are not reloadable. Gift Cards will not be replaced or replenished if lost, stolen, or used without authorization. For questions and available balance, please visit https://mercetra.com/MyAccount/MercetraCredit.

 

Redemption.

Gift Cards may only be redeemed toward the purchase of eligible goods and services provided on www.Mercetra.com. Your Mercetra.com Balance displays the total remaining balance of all Gift Cards and credits that have been applied to your Mercetra.com account but not yet applied to a purchase. Purchases are deducted from your Mercetra.com Balance. Any unused Mercetra.com Balance will remain associated with your Mercetra.com account. If a purchase exceeds your Mercetra.com Balance, the remaining amount must be paid with an alternate payment method. To view your Mercetra.com Balance, visit the Your Account link on Mercetra.

 

Limitations.

Your Gift Card cannot be used to purchase other gift cards. Gift Cards cannot be refunded, reloaded, resold, transferred for value, or redeemed for cash, except to the extent required by law. No portion of your Gift Card may be transferred to another Mercetra.com account.

 

Risk of Loss.

The risk of loss and title for Gift Cards pass to the purchaser upon electronic transmission of the Gift Card to the purchaser's or designated recipient's account on www.Mercetra.com or our delivery to the carrier, whichever is applicable. Mercetra is not responsible if any Gift Card is lost, stolen, or destroyed, or your Mercetra.com Balance is inaccurate, or your Gift Card is used without your permission.

 

Violations.

We reserve the right to void Gift Cards or any other component of your Mercetra.com Balance, close customer accounts and bill alternative forms of payment if we suspect that a Gift Card is obtained, used, or applied to any Mercetra.com account (or your Mercetra.com Balance is applied to a purchase) fraudulently, unlawfully, or otherwise in violation of these terms and conditions.

 

Balance Expiration.

The portion of your Mercetra Balance made up of Gift Cards does not expire and may be applied to your Mercetra.com account at any time. Mercetra Gift Cards are not subject to dormancy, inactivity, or service fees.

 

17. TEXT TERMS AND CONDITIONS

Express Consent.

You may be given the option, through the Site or otherwise, to sign up to receive marketing, promotional, or support text messages from Mercetra (each, a “Text Message”) as part of the Services. If you elect to receive Text Messages from us, either via our website or by sending a text message indicating your consent, you are providing your prior express written consent to receive recurring Text Messages from us, sent through an automatic telephone dialing system. These may include cart abandon messages. Message frequency may vary from time to time at Mercetra’s discretion, and Mercetra reserves the right to change the short code or phone number from which Text Messages are sent. Please note that Mercetra’s text service is optional, and your consent is not a condition for purchase.

 

Cancellation.

You can opt out of receiving any further Text Messages from us at any time by replying “STOP” to any Text Message you receive from us. For help, reply “HELP” to any Text Message you receive from us, or email support@Mercetra.com.

 

Messaging Fees.

In addition to any fee of which you are notified, your mobile provider’s message and data rates may apply to our confirmation Text Message and all subsequent Text Message correspondence according to your individual rate plan provided by your wireless carrier. Please consult your mobile service carrier’s pricing plan to determine the charges for browsing data and sending and receiving Text Messages. Under no circumstances will we or our affiliates be responsible for any messaging or wireless charges incurred by you or by a person that has access to your wireless device or telephone number. If your carrier does not permit text messages, you may not receive the Text Messages. Neither we nor the applicable wireless carrier will be liable for any delays in the receipt of, or failure to deliver, any Text Messages, as delivery is subject to effective transmission from your network operator. All Text Message services are provided on an “AS IS” basis.

 

Privacy.

Data obtained from you in connection with any Text Message services may include your cell phone number, your provider’s name, and the date, time, and content of your text messages. We may use this information in accordance with our Privacy Policy to contact you and to provide the services you request from us. For more information on how we use collected information, please read our Privacy Policy.

 

18. MISCELLANEOUS

Geographic Restrictions.

Mercetra is based in the State of Texas in the United States of America. Mercetra make no claims that the Site, Services or Content are accessible or appropriate outside of the United States of America. Access to and use of the Site or Services may not be legal by certain persons or in certain countries. If you access the Site from outside the United States of America, you do so on your own initiative and are responsible for compliance with local laws.

 

Limitation on Time to File Claims.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SITE, SERVICES OR CONTENT MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION OR CLAIM ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

 

Waiver and Severability.

Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent possible, and the remaining provisions of these Terms will continue in full force and effect.

 

Entire Agreement.

These Terms, including our Privacy Policy, Mercetra Rewards Terms of Use, and any other policies, terms, and conditions incorporated herein by reference, constitute the sole and entire agreement between you and Mercetra with respect to the subject matter hereof, and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.

 

Questions.

If you have any questions about the Site, Services, or these Terms, please contact us at: support@Mercetra.com.

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