1. Who is Mercer Rubber?
Mercer Rubber is an engineering and manufacturing company that produces products such as, Hand Wrapped Expansion Joints, Concentric & Eccentric Reducers, Rubber Pipes, Duct Connectors and stainless steel products. We also provide professional engineering services.
2. Who Can Use the Mercer Rubber Site?
You may access this Site only if you can form a binding contract with Mercer Rubber Co. (“Mercer Rubber”), a New York Corporation, and if you agree to these Terms. Any use of our Site, products or services by people under the age of 18 is prohibited.
3. File Downloads
Users of our Site may have the ability to download files, including but not limited to, product manuals, product specifications, data sheets, testing results, etc. Files may be stored on Dropbox or other by third party providers and their own terms and conditions may apply.
4. Sales Representatives
Contact information for our sales representatives may be made available on the Site. This information shall be used solely for legitimate business inquires only. Please no solicitations.
5. Acceptable Usage of the Site
When using the Site you agree:
- Your use is for personal use only, and you will not resell, repurpose, or otherwise integrate data from our Site into another computer program, software, or other medium for commercial purposes.
- Not to use our Site in a way that creates a risk of harm, injury, emotional distress, death, disability, or physical or mental illness to any person or entity;
- Not to use our Site in a way that infringes on the trademarks, copyright, or intellectual property rights of Mercer Rubber, or any other person or entity;
- Not to access, tamper with, hack, or use non-public areas of our Site or computer systems, including taking any measures to avoid, bypass, remove, deactivate, impair, or otherwise circumvent any technological measure implemented by Mercer Rubber to protect our Site;
- Not to access, scrape, upload, or download user content through the use of any engine, software, tool, agent, device, mechanism, automated scripts, spiders, robots, crawlers, data mining tools, or any other software;
- Not to send any unsolicited or unauthorized spam, spam comments on posts, advertising messages, promotional materials, email, junk mail, or other form of solicitation;
- Not to use our Site for any commercial purpose or the benefit of any third party, except as otherwise explicitly permitted by these Terms;
- Not to decompile, disassemble or reverse engineer any of our software or Site;
- Not to interfere with, or attempt to interfere with, the access of any user, host or network, including, but not limited to, sending a virus, overloading, flooding, or spamming;
- Not to collect or store any personally identifiable information from our Site or from other users without express permission;
- Not to post any user content that contains any information that is illegal, fraudulent, false, misleading, deceptive, disparaging, offensive, or otherwise objectionable;
- Not to violate our Terms or any other applicable law or regulation, and not to encourage or enable any other individual to violate our Terms or to do any of the activities prohibited in these Terms.
6. User Content
You acknowledge that: (i) you own and are solely responsible for any content that you submit, post, or transmit (ii) that the content is accurate and consistent with the purpose of the Site (iii) that use of the content you supply does not violate these Terms, (iv) that the content will not cause injury to any person or entity, and (v) that you will indemnify Mercer Rubber and its affiliates for all claims resulting from content you supply.
Your further grant Mercer Rubber a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use and store your user content for the purposes of providing our services and you acknowledge that we may retain your content on the Site even if the user is not actively using the Site.
7. Our License to You
9. Intellectual Property
Mercer Rubber is a trademark of Mercer Rubber Co. You may use our trademark to identify our products and services so long as your use of our trademark complies with these Terms and you agree not to use our trademark in any manner that infringes upon the intellectual property rights of Mercer RUbber.
The content on this Site is copyrighted and protected by United States and international copyright laws and treaty provisions. You may access, download and print materials on this Site solely for your personal and non-commercial use. No right, title or interest in any of the materials contained on this Site is transferred to you as a result of accessing, downloading or printing such materials. You may not copy, modify, distribute, transmit, display, reproduce, publish, license any part of this Site, create derivative works from, use on any other website, transfer or sell any information obtained from this Site without the prior written permission of Mercer Rubber.
10. Third-Party Links, Websites and Services
You are solely responsible for your use of the Site. Mercer Rubber specifically disclaims any and all warranties and conditions of merchantability, fitness for a particular purpose, and non-infringement, and any warranties arising out of course of dealing or usage of trade. Our Site is provided on an “as is” basis without warranty of any kind, whether express or implied.
12. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, MERCER RUBBER SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE PRODUCTS; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE PRODUCTS, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; OR (C) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL OUR AGGREGATE LIABILITY EXCEED ONE HUNDRED U.S. DOLLARS (U.S. $100.00).
You agree to indemnify and hold harmless Mercer Rubber and its officers, directors, employees, agents and consultants, from and against any claims, lawsuits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable legal and accounting fees including costs of defense of claims, suits or proceedings brought by third parties, in any way related to (i) your access to or use of our Site, (ii) your user content, or (iii) your breach of any of these Terms.
14. Governing Law and Jurisdiction
These Terms shall be governed by the laws of the State of New York, without respect to its conflict of laws principles. You agree to submit to the personal jurisdiction of a state court located in New York or a United States District Court located in New York.
You further and agree and acknowledge not to bring or participate in any class action or other class proceeding in connection with your use of the Site.
15. Statute of Limitations
You agree that regardless of any statute or law to the contrary, any claim arising out of your use of our Site or these Terms must be filed within one (1) year after such claim arose.
16. Notification of Changes
Mercer Rubber reserves the right to change these Terms from time to time at its sole discretion. If changes are made to these Terms, your continued use of the Site indicates your consent to the Terms as posted.
17. Contact Information
If you have any questions regarding these Terms please contact us.