GENERAL TERMS AND CONDITIONS
Welcome to the Mercer Web sites (together, the “Site”). Mercer LLC (“we” or “Mercer”) owns and operates this Site on behalf of itself and its subsidiaries around the world (collectively the “Mercer Companies”) to provide information and online services to its users and as an online information and employment information service for the Mercer Companies (the “Service”). The following is a legal agreement (“Agreement”) between Mercer and you. By accessing or using this Site you acknowledge that you have read, understood, and agree to be bound by this Agreement.
Please read this Agreement carefully because the terms are binding upon you. If you are a regular user of this Site, please check this Agreement for updates. It governs your use of the Site and Service. We may also post additional terms and conditions that apply to specific Site areas. These area-specific terms and conditions are incorporated into the Agreement.
We may change this Agreement at any time by posting the amended Agreement on the Site. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages at this Site. Please read this Policy carefully and be aware that we may change it at any time. As a result, we suggest you check back regularly to this page to be apprised of any updates or changes. We last revised this Agreement on 3 June 2003.
You may print out from the Site two copies of pages of content from the Site for your own personal or business use, provided you do not publish, copy, or otherwise re-transmit what you have printed out from the Site – see Copyright below for full details.
This Site includes the online centralized job center for the Mercer Companies and is not available to minors. It is intended for use only by adults. You must be at least 18 years of age and possess the legal authority to form legally binding contracts under applicable law to use the Service.
You agree not to use the Service for any purpose that is unlawful or prohibited by this Agreement. You agree not to post or submit on this Site, any material that:
(a) infringes or may infringe on anyone else’s copyright, trade secret, trademark, or other intellectual property rights;
(b) violates or may violate others’ privacy or publicity rights;
(c) is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another party;
(d) impersonates another person; or
(e) breaches any obligations of confidentiality or any other contractual obligation you may owe to any third parties.
You further agree not to submit any materials that contain viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or information. You may not try to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service through hacking, password mining, or any other means. You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy pages of this Site or the content contained on it without our express prior written permission.
We may (but need not) monitor, edit, or remove any content from this Site that violates this Agreement.
This site may contain inaccuracies or typographical errors. You agree that your use of the service is at your sole risk. We provide this site and the service “as is” and “as available” and without any warranty or condition, express, implied, or statutory, as to the operation of the service; the accuracy, reliability, completeness, or timeliness of the content or materials included on the site or this service; or otherwise. We specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose, or non-infringement.
We do not warrant:
(a) that the service will be uninterrupted, timely, secure, or error-free,
(b) the quality of any services, information, or other material obtained by you through the service, or
(c) that any errors in the service will be corrected.
You agree that mercer shall not be responsible for unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through this site. You agree that mercer is not responsible or liable for any threatening, defamatory, offensive, or illegal content or conduct of any other party or any infringement of another's rights, including intellectual property rights.
Mercer does not warrant that this site, its servers, or e-mail sent from this site are free of viruses or other harmful components. You download any material through the use of the service at your own 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. No advice or information, whether oral or written, obtained by you from mercer or through or from the service, shall create any warranty not expressly stated in this agreement.
Mercer does not warrant that this site, its servers, or e-mail sent from this site are free of viruses or other harmful components. You download any material through the use of the service at your own 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. No advice or information, whether oral or written, obtained by you from mercer or through or from the service, shall create any warranty not expressly stated in this agreement.
Mercer shall not be liable for any direct, indirect, punitive, incidental, special, consequential, exemplary, or other damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses (even if mercer has been advised of the possibility of such damages), arising out of, resulting from or in any way connected with:
(a) the use or the inability to use, any delay in, or the performance of the service;
(b) the cost of procuring substitute services resulting from any data, information, or services obtained, or messages received or transactions entered into through or from, the service;
(c) unauthorized access to or alteration of your transmissions or data;
(d) statements or conduct of any third party on the service; or
(e) any other matter relating to the service or this agreement, whether based on contract, tort, negligence, strict liability, or otherwise.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for special, incidental or consequential damages. Accordingly some of the above limitations may not apply to you. If you are dissatisfied with any portion of the service or of this agreement, your exclusive remedy is to stop using the service.
Access to this Site may not be provided by you to anyone for use in any country or used in any manner prohibited by the United States Export Administration Act or any other country’s export laws, restrictions or regulations. Furthermore, you agree to comply with any import laws, rules, and regulations of the countries and jurisdictions where you access and use this Site or receive copies of any technical information or other materials. You agree to indemnify Mercer and hold Mercer harmless from any fines or other penalties, as well as any tariffs, import or export taxes, levied with respect to your use of this Site by jurisdictions in which you access and use it, or from which you export information from this Site, or for any violation of the requirement not to provide access to and use of this Site for use in any country prohibited by the United States Export Administration Act or any other export laws, restrictions, or regulations.
You agree that Mercer, in its sole discretion and without notice, may terminate your password, account (or any part thereof), or access to or use of the Service or any portion thereof, and remove and discard any content within the Service, at any time and for any reason, including, without limitation, if Mercer believes that you have violated or acted inconsistently with this Agreement. Mercer may prohibit or restrict access to the Service to anyone at any time, with or without cause. Mercer may also in its sole discretion and at any time discontinue providing the Service, or any part of it, temporarily or permanently. Mercer will make reasonable commercial efforts to provide notice of any such discontinuation to you. You agree that Mercer shall not be liable to you or any third party for any termination of your access to the Service or for any modification, suspension, or discontinuation of the Service.
This site contains links to other sites. The policies at other sites, which are owned and operated by third parties, may be different from this policy. Those third party sites’ policies will govern the use of information you provide to them. Mercer makes no representations whatsoever about any other Web site that you may access through this one. Links imply neither that Mercer is affiliated with or otherwise endorses any third parties nor that it is legally authorized to use any trademark, trade name, logo, or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo, or copyright symbol of Mercer.
US and international copyright laws and treaties protect this Site and its content. You agree to comply with all copyright laws in your use of this Site and to prevent any unauthorized copying of this Site and its contents. The copyright in all material provided on this Site is held by Mercer or by the original creator of the material.
You may print out from the Site two copies of pages of content from the Site for your own personal or business use, provided you do not publish, copy, or otherwise re-transmit what you have printed out from the Site. Beyond this limited permission to print content, you may not copy, reproduce, distribute, republish, download, display, post, or transmit any Site content or software in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the express prior written permission of Mercer or the copyright owner. You may not “mirror” or “frame” any material contained on this Site or on any other Mercer server without Mercer's express prior written permission. Except as expressly provided in this Agreement, Mercer does not grant any express or implied right to you under any patents, trademarks, copyrights, or other similar rights.
Mercer’s Copyright Agent for Notice of claims of copyright infringement can be reached at: Mercer LLC, 1166 Avenue of the Americas, New York, NY, 10036-2708, United States, Attn: Legal Department. Mercer’s Copyright Agent can also be reached by telephone at 212-345-5000, by facsimile at 212-345-5627.
If you believe that there is any content on the Site that infringes your copyrighted work, please provide the following information to Mercer’s Copyright Agent:
(a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
(b) a description of the copyrighted work that you claim has been infringed;
(c) a description of where the material that you claim is infringing is located on this Site;
(d) your address, telephone number, and email address;
(e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(f) a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Government users will receive no greater than Restricted Rights as defined in FAR 52.227-19 [c] (1-2) (June 1987). Government users will received no greater Limited Rights as defined in FA 52.227-14 (June 1987) or DFAR 252.227-7015(b)(2) (November 1995), as applicable in any technical data at this site.
The Mercer name, the Mercer logo, Mercer Evalue Framework®, MercerHRMetrics™, and other trademarks, service marks, and logos (the "Trademarks") used and displayed on this Site are registered and unregistered Trademarks of Mercer LLC, or an affiliate of Mercer. Nothing on this Site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the site without our express prior written permission. Mercer prohibits the use of the Mercer name, any of its registered domain names and any of its other trademarks as part of a link to or from any site unless approved in advance by Mercer in writing. You may not use any metatags or any other hidden text utilizing any Mercer Company domains, Mercer, or other Trademarks without our express prior written consent.
Governmental Oversight: Mercer’s investment consulting business is governed by the Securities and Exchange Commission in the United States and by other similar regulatory bodies in other countries.
In the United Kingdom, Mercer Limited is authorised and regulated by the Financial Services Authority. Our UK registered office is Tower Place, London, EC3R 5BU.
Governing law; Jurisdiction: The laws of the State of New York, United States of America, govern this Agreement in all respects, without regard to its conflicts of law rules. Your conduct may be subject to other laws. You expressly agree that exclusive jurisdiction over any dispute arising from your use of the Site or the Service resides in the federal and state courts located in the borough of Manhattan, New York City, New York. You further agree and expressly consent to the exercise of personal jurisdiction in the State of New York in connection with any dispute or claim involving the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of this Agreement and conditions, including this paragraph.
Indemnification: You hereby agree to indemnify, defend, and hold harmless Mercer and its officers, directors, shareholders, agents, subsidiaries, affiliates, customers, suppliers, service providers, and employees from and against all claims, demands, and damages (including actual and consequential), of every kind and nature whether known or unknown arising out of or relating to:
(a) your posting of any content on, or your use of, the Service or this Site in violation of this Agreement;
(b) any other breach of this Agreement by you; or
(c) your violation of any law or the rights of a third party.
Severability. If any provision of this Agreement is declared invalid or unenforceable, such provision shall be struck from the Agreement and the remaining provisions shall be given full force and effect.
This Site is controlled, operated, and administered by Mercer from its offices within the United States of America. Access to the Site from territories where the Site’s contents are illegal is prohibited. If you access this Site from locations outside of the United States, you are responsible for compliance with all local laws.
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