Terms of Use

The following Terms of Use outline your obligations when using the MERION MERCIES website.  You can also review our Privacy Policy, which outlines our obligations and practices towards handling any personal information that you may provide to us.

1.  Acceptance of Terms

The web pages available at merionmercies.com, and all linked pages (“Site”), are owned and operated by Andrew C. Hubsch and Merion Mercies LLC (“MERION MERCIES”), an Ohio corporation, and are accessed by you under the Terms of Use described below (“Terms of Use”).

Please read these terms of use carefully before using MERION MERCIES or its content and services.  By accessing merionmercies.com or using any part of the Site you agree to become bound by these terms and conditions.  If you do not agree to all the terms and conditions, then you may not access merionmercies.com, or use the content or any services offered.  MERION MERCIES’ acceptance is expressly conditioned upon your assent to all these terms and conditions, to the exclusion of all other terms; if these terms and conditions are considered an offer by MERION MERCIES, acceptance is expressly limited to these terms.

2.  Modifications of the Terms of Use

We may revise these terms from time to time, and the most current version will be at http://merionmercies.com/terms-of-use.  If the revision, at our sole discretion, is considered a material change we will notify you by posting an announcement on the Site.  You are responsible for reviewing and becoming familiar with any modifications.  Use of the Services after such notification constitutes your acceptance of the terms and conditions of the Terms of Use as modified.

3.  Description of the Service

Subject to full compliance with the Terms of Use, MERION MERCIES may offer to provide certain services and content, as described more fully on the Site, (“Services”).  MERION MERCIES may change, suspend, or discontinue the Services including any content (including, but not limited to text, user comments, messages, data, information, graphics, news articles, photographs, images, illustrations, software, audio clips, and video clips) for any reason, at any time, including the availability of any feature or content.  MERION MERCIES may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.

4.  User Conduct

As a condition of use, you promise not to use the Services for any purpose that is unlawful or prohibited by these Terms of Use, or any other purpose not reasonably intended by MERION MERCIES.  We respect other people’s rights and we expect you to do the same.

By way of example, and not as a limitation, you agree not to use the Services:

  • to abuse, harass, threaten, impersonate, or intimidate other MERION MERCIES users;
  • to post or transmit any content that is infringing, libelous, defamatory, obscene, pornographic, abusive, offensive, profane, or otherwise violates any law or right of any third party, or content that contains homophobia, racism, bigotry, ethnic slurs, or religious intolerance;
  • for any illegal or unauthorized purpose.  If you are an international user, you agree to comply with all local laws regarding online conduct and acceptable content;
  • to post or transmit any communication or solicitation designed or intended to obtain password, account, or private information from any MERION MERCIES user;
  • to create or submit unwanted email (“Spam”) to any other MERION MERCIES users or any URL;
  • to violate any laws in your jurisdiction (including but not limited to copyright laws);
  • to submit stories or comments linking to multi-level marketing schemes;
  • with the exception of accessing RSS feeds, you will not use any robot, spider, scraper, or other automated means to access the Site for any purpose without our express written permission.  Additionally, you agree that you will not:  (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iii) bypass any measures we may use to prevent or restrict access to the Site.

MERION MERCIES may remove any content at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such content), or for no reason at all.  To report Terms of Use abuse, please email: info@merionmercies.com

You are solely responsible for your interactions with other users of the Site.  MERION MERCIES reserves the right, but has no obligation, to monitor disputes between you and other users.  For our Community Guidelines, please visit http://merionmercies.com/privacy-policy

5.  Content submitted or made available for inclusion on the service

By creating and posting content to MERION MERCIES, you warrant that you own all rights to the content, agree that the content will be dedicated to the public domain under the Creative Commons Public Domain Dedication, available at http://creativecommons.org/publicdomain/zero/1.0 that you will not object to the use of the content by MERION MERCIES in any context.  To clarify, the above does not apply to the content on external sites linked to by the original submission.

6.  Copyright Complaints

MERION MERCIES respects the intellectual property of others.  It is MERION MERCIES’ policy to respond expeditiously to claims of copyright and other intellectual property infringement.  We will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws.  Upon receipt of notices complying or substantially complying with the DMCA, MERION MERCIES may act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and may act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing.  MERION MERCIES will terminate access for users who are repeat infringers.

Notifying MERION MERCIES of Copyright Infringement:  To provide MERION MERCIES notice of an infringement, you must provide a written communication to the attention of “DMCA Infringement Notification Dept.” care of info@merionmercies.com that sets forth the information specified by the DMCA (http://www.copyright.gov/title17/92chap5.html#512).  Please note that we may post your notification, with personally identifiable information redacted, to a clearinghouse such as chillingeffects.org.  Please also note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that an activity is infringing your copyright.

Providing MERION MERCIES with Counter-Notification:  If you feel that your material does not constitute infringement, you may provide MERION MERCIES with a counter notification by written communication to the attention of “DMCA Counter Notification Dept.” at info@merionmercies.com sets forth all of the necessary information required by the DMCA (http://www.copyright.gov/title17/92chap5.html#512).  Please note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that an activity is not infringing the copyrights of others.  If you are uncertain whether an activity constitutes infringement, we recommended seeking advice of an attorney.

7.  MERION MERCIES’ Privacy Policy

MERION MERCIES’ current privacy policy is available at http://merionmercies.com/privacy-policy (the “Privacy Policy”), which is incorporated by this reference.

8.  Indemnity

You will indemnify and hold harmless MERION MERCIES, its parents, subsidiaries, affiliates, customers, vendors, officers, and employees from any liability, damage, or cost (including reasonable attorneys’ fees and cost) from (i) any claim or demand made by any third party due to or arising out of your access to the Site, use of the Services, violation of the Terms of Use by you, or the infringement by you of any intellectual property or other right of any person or entity.

9.  Warranty Disclaimers

You acknowledge that MERION MERCIES has no control over, and no duty to take any action regarding: which users gain access to the Site or use the Services; what effects the content may have on you; how you may interpret or use the content; or what actions you may take as a result of having been exposed to the content.  You release MERION MERCIES from all liability for you having acquired or not acquired content through the Site or the Services.  The Site or Services may contain, or direct you to sites containing, information that some people may find offensive or inappropriate.  MERION MERCIES makes no representations concerning any content contained in or accessed through the Site or Services, and MERION MERCIES will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Site or the Services.  The service, content, and site are provided on an “as is” basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose or non-infringement.  Some states do not allow limitations on how long an implied warranty lasts, so the above limitations may not apply to you.

10.  Links and Merchandise

The Services may provide, or third parties may provide, links to other World Wide Web sites or resources.  Because MERION MERCIES has no control over such sites and resources, you acknowledge and agree that MERION MERCIES is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources.  You further acknowledge and agree that MERION MERCIES shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

Neither MERION MERCIES nor its third-party service providers make any warranties with respect to any of the merchandise, products, and/or services featured, mentioned, or sold by others on or through the Site.  Transactions for any such item shall be between the user and the third-party seller, without any involvement of MERION MERCIES or its third party service providers.  You agree that MERION MERCIES and its third-party service providers are not responsible, and shall have no liability to you, with respect to merchandise, products, and/or services featured, mentioned, or sold by others on or through the Site, including illegal, offensive, or illicit items, or items that violate this Agreement.

11.  Limitation of Liability

In no event shall MERION MERCIES or its suppliers be liable under contract, tort or strict liability, negligence or other legal theory (i) with respect to the Site, the Service or any content for any lost profits or special, indirect, incidental, punitive, or consequential damages of any kind whatsoever, substitute goods or services (however arising), or (ii) for any direct damages in excess of (in the aggregate) $100.  Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations and exclusions may not apply to you.

12.  Termination

MERION MERCIES may terminate or suspend any and all Services of a User immediately, without prior notice or liability, if MERION MERCIES has a reasonable belief that you may have breached any of the terms or conditions of the Terms of Use.  Upon termination of your access, your right to use the Services will immediately cease.  If you wish to terminate your use, you may simply discontinue using the Services.  All provisions of the Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

13.  Miscellaneous

No agency, partnership, joint venture, or employment is created as a result of the Terms of Use and you do not have any authority of any kind to bind MERION MERCIES in any respect whatsoever.  The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.  Merion Mercies shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond MERION MERCIES’ reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference).  If any provision of the Terms of Use is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms of Use shall otherwise remain in full force and effect and enforceable.  The Terms of Use is not assignable, transferable, or sub-licensable by you except with MERION MERCIES’ prior written consent.  MERION MERCIES may transfer, assign, or delegate the Terms of Use and its rights and obligations without consent.  The Terms of Use shall be governed by and construed in accordance with the laws of the state of Ohio, as if made within Ohio between two residents thereof, and the parties submit to the exclusive jurisdiction of the Stark County Court of Common Pleas, General Division, and the United States District Court Northern District of Ohio, Akron Vicinage.  Notwithstanding the foregoing sentence, (but without limiting MERION MERCIES’ right to seek injunctive or other equitable relief in any court of competent jurisdiction), any disputes arising with respect to this Agreement shall be referred to an arbitrator affiliated with JAMS, The Resolution Experts.  The arbitrator shall be selected by joint agreement of the parties. In the event the parties cannot agree on an arbitrator within thirty (30) days of the initiating party providing the other party with written notice that it plans to seek arbitration, the parties shall each select an arbitrator affiliated with JAMS, which arbitrators shall jointly select a third such arbitrator to resolve the dispute.  The written decision of the arbitrator shall be final and binding on the parties.  The arbitration proceeding shall be carried on and heard in Akron, Ohio, using the English language and pursuant to the rules of JAMS.

In any action or proceeding to enforce rights under the Terms of Use, the prevailing party will be entitled to recover costs and attorneys’ fees.  Both parties agree that the Terms of Use is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of the Terms of Use, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein.