TERMS AND CONDITIONS

  1. Acceptance of Terms and Conditions

These Terms and Conditions applies to Web sites owned and operated by The Mercer Club, Inc. (“The Mercer Club”), including joinmercerclub.com and themercerclubnyc.com (collectively and individually the “Site”).

These Terms and Conditions govern your use of the The Mercer Club website and all The Mercer Club services and sales of products (the “Service”). By joining our email list, you acknowledge and represent that you have read and understand these Terms and Conditions and that they become a binding agreement (“Agreement”) between you and The Mercer Club, you agree to receive all communications from The Mercer Club under this Agreement electronically via email, you agree to keep your current email address updated under Profile on the Site at all times and you agree that you will be deemed to have received any notice we send to that email address. By visiting or browsing the Site, you accept these Terms and Conditions and any modifications made to them from time to time.

  1. Modifications to Terms and Conditions

The Mercer Club (“MERCER CLUB “, “we,” “us,” and “our”) reserves the right, to change or terminate this Agreement. Please check this section of the Site before using the Site to determine whether a change has been made to these Terms and Conditions. If you do not agree to any changes in the Terms and Conditions as they may occur, please arrange to terminate your account (a) by notifying The Mercer Club of your unwillingness to accept the changes to the Terms and Conditions by emailing contact@joinmercerclub.com and (b) by immediately returning all outstanding items and discontinuing your use of the Service and the Site.

  1. The Mercer Club Service

The Service allows registered members to access the Site and BORROW products from The Mercer Club in accordance with these Terms and Conditions. Members also agree to comply with any terms, conditions, or policies that The Mercer Club may provide to users from time to time on the site. The member can choose products to borrow from our expansive on-line selection, and have them shipped to the member’s address. We reserve the right to ask for a deposit and/or limit the number of items that a member may borrow at any time and/or to require the return of any or all borrowed items in your possession in the event you fail to make required payments on time or in the event other factors arise which, in our sole discretion, increase the risk of non-timely payment by you. The current monthly borrowing rates are outlined in detail on the Site. Also, the current shipping policies governing the delivery and return of products are detailed on the Site. Delivery time for products you have selected to borrow may vary based upon (a) inventory availability, (b) your delivery address, (c) when you place an order, and (d) other circumstances impacting delivery. Accordingly, The Mercer Club makes no guarantees as to actual delivery time. We will send you an email letting you know when your product is shipped. The borrowing period begins the date of mail carrier’s delivery scan. The risk of loss for items shipped passes to you upon delivery by the respective mail carrier. All mail carrier confirmed deliveries are the sole responsibility of the recipient. If you are unable to locate a confirmed delivery, you are required to contact The Mercer Club immediately to place a tracer investigation with the mail carrier and to temporarily suspend the borrowing period. All tracers take 8-12 business days to complete and until the results of the investigation are received, we are not able to proceed with the resolution of a lost item.

If you return an item with excessive or abusive damage exceeding normal wear and tear, as determined by The Mercer Club in its sole discretion, you agree that The Mercer Club may charge your payment method (we currently accept Visa, MasterCard, Amex, Discover and PayPal) and collect the price as indicated on the item page for such an item. You are also responsible in the event of a theft or loss of an item and therefore you will be responsible for the price as indicated on the item page immediately upon notification of the loss of the item. The Mercer Club fees will continue to accrue until the payment is received in full. Also The Mercer Club reserves the right to close your account at any time if we notice multiple cases of excessive damage or abuse to the items you have borrowed.

The Mercer Club reserves the right to cancel any order at any time prior to delivery to the customer. In the event an order is canceled, the funds authorized or charged are released by The Mercer Club and are then subject to the rules of your financial institution, in determining the time that you will have the funds back.

4. Returns 

RETURN PACKAGING. With the delivery of the Product, The Mercer Club will provide you with a pre-paid, pre-addressed The Mercer Club carrying case or mailing envelope (as the case may be) as well as instructions for your use in returning the Products to The Mercer Club (“Return Packaging”). The Mercer Club carrying case is not yours to keep. If The Mercer Club carrying case is not returned you will be charged a $50 fee (details below under “Lost Return Packaging”).

RECEIPT OF THE PRODUCTS. Upon delivery, you bear responsibility for the Product(s). If however, you opt to have the Products delivered in New York City by courier service, you agree to bear responsibility for receipt of Products shipped to the location specified at time of check out. You acknowledge that a Secure Shipping Address is highly recommended. A Secure Shipping Address means a location where an individual can physically receive Product(s). In the event that an un-secure shipping address is provided, The Mercer Club does not bear liability for Products left unattended. Furthermore, you acknowledge that providing anything other than a Secure Shipping Address may result in delivery delays and additional delivery fees for which The Mercer Club will not be liable. You will be liable for all such delays and additional delivery fees.

USE OF THE PRODUCTS. You agree to treat the Products with great care, as if it was borrowed from your close friend. You are responsible for loss, destruction or damage to the Products due to theft, mysterious disappearance, fire, major stains or any other cause, other than normal wear and tear. Normal wear and tear encompasses minor stains, rips, missing beads, stuck zippers or other minor damage covered by the insurance you paid for with your rental of the applicable Product. If you return a Product that is damaged beyond normal wear and tear, then you agree that we shall charge you, and you shall pay, for the price for repairing or replacing the Product, as determined in our discretion.

RETURN OF THE PRODUCTS; EXTENSIONS. You agree to return the Products to The Mercer Club in the Return Packaging on or before the return date for the Products that are identified in the online invoice for your order. You must return the Product by delivering the Product in the Return Packaging to a USPS store located in the United States by 12 p.m. on or before the date that the Product is due. We are not responsible for any personal or other items left in the Products or which are returned to The Mercer Club in the Return Packaging. If you believe you have accidentally or otherwise sent us any such items, please contact customer service as soon as possible at contact@joinmercerclub.com. Our staff may assist in attempting to locate such items at a customer’s request, but are not obligated to and assume no liability for doing so.

LATE FEES. If you return the Products late or not at all, a late fee equivalent to the daily rental rate plus $25 dollars ($25.00) will be charged to the payment card you used to pay the Rental Fee or to any other payment card included in your account information that you have provided to The Mercer Club for every day that you are late returning the Products, not to exceed 100% of the items Market Value as indicted on the item page plus applicable sales tax (plus the Rental Fee). If you have not returned a Product within thirty (30) days after the return date for the Product, your late return will be considered a non-return and The Mercer Club will charge your payment card the Market Value price as indicated on the item page, plus any other applicable fees.

LOST RETURN PACKAGING. If you lose the Return Packaging, you will be responsible for returning the item at your own expense by the expected return date, and providing The Mercer Club with a tracking number. Also, if you lose or fail to return The Mercer Club carrying case you will be charged $50. If you still possess The Mercer Club carrying case, it is yours to keep, though on an “AS IS” basis without warranty of any kind. For the avoidance of doubt, the limitations of this clause shall not apply to the Rental Fee, which is charged separately from, and in addition to, any other charges payable by you pursuant to Agreement.

LIMITED WARRANTIES. The following are the limited warranties The Mercer Club provides in connection with Product rentals. The Mercer Club’s liability to you for failure to comply with any of these warranties is limited to timely delivery of Product conforming to the warranties as determined by The Mercer Club.

 

  • CORRECT PRODUCTS.Subject to availability, we will deliver the Products you ordered, including the specified size, color and design, on or before the delivery date for which you ordered them, except in the rare event that the Product is damaged beyond repair or there is an occurrence subsequent to the placing of the order that prevents timely delivery. In such event, we will use reasonable efforts to notify you that the Product is unavailable. If we are able to reach you, you will be entitled to choose any available rental Product to replace the unavailable Product. If we are unable to reach you, you acknowledge and agree that we may send you a replacement product of the same or greater value. Products may appear different in color and style than as displayed on the Site or App.
  • CLEAN AND READY TO WEAR. The Products will be professionally cleaned and delivered ready to wear. The Mercer Club dry cleans and inspects each Product with the utmost care, but use of the Product is at your own risk and The Mercer Club shall not be held liable for any health-related complaints associated with any Product.
  • SIZING RETURNS.If your Product does not fit you, then you may return the Product to The Mercer Club within 24 hours (excluding Sundays and holidays) of the date you received the Product by contacting The Mercer Club at contact@joinmercerclub.com and returning the Product in conformance with the return procedures above (a “Sizing Return”).

5. Becoming a Member and Obtaining an Account

Before you can begin use of the Service, you must register through the Site to obtain an account. By registering as a member through the Site you are providing ‘written instructions’ to The Mercer Club under the Fair Credit Reporting Act authorizing The Mercer Club to obtain information from your personal credit profile or other information from Experian. You authorize The Mercer Club to obtain such information solely to confirm your identity to avoid fraudulent transactions in your name. Typically this is done when requesting a “Credit Check Required” item HOWEVER we reserve the right to perform this at any time an order is placed. You must be 18 years of age or older to register as a member and use the Service. You agree to provide true, accurate, current and complete information about yourself as prompted by the Site’s registration form (such information being the “Registration Data”), and you agree to maintain and promptly update the Personal Information section of the site to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have any reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your Account and refuse to offer you any and all current or future use of the Service and the Site. You are responsible for maintaining the confidentiality of your Account and password and for restricting access to your computer. You are solely responsible for any activity related to your Account. If you suspect any unauthorized use of your Account, notify us immediately. In order to provide you with ease of access to your Account, we may place a cookie (a small text file) on the computers from which you access the Site. When you revisit the Site, this cookie will enable us to recognize you as the Account holder and allow you to more easily access your Account.

6. Billing

When you join as a member you will be required to provide The Mercer Club with accurate, complete and current information for a valid payment method that you are authorized to use. By signing up for the Service, you authorize The Mercer Club or its agent to bill your payment method for the monthly subscription fees, shipping charges, any and all applicable taxes, and any other charges you may incur in connection with your use of the Service. Other fees will be charged to your payment method as you incur them.

If The Mercer Club does not receive payment from your payment method provider or if your payment method expires or is rejected, you agree to pay all amounts due upon demand. Following any such non-payment, we may require you to provide a second valid payment method before continuing to use the Services and you authorize The Mercer Club to charge outstanding fees and other amounts due us against any payment method you have on file with us. The Mercer Club reserves the right to take all steps necessary to collect amounts due from you, including but not limited to legal action and/or using third party collection agencies. The Mercer Club reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment. By providing us with your landline or cell phone number(s), you give your consent for us, our agents, and to our collection agents, to contact you at these numbers, or, at any number that is later acquired for you, and, to leave live, or pre-recorded messages regarding any accounts or services. For greater efficiency, calls may be delivered by an autodialer.

You are solely responsible for any and all fees charged to your payment method by the issuer, bank, or financial institution including, but not limited to, overdraft, insufficient funds, and over the credit limit fees. You agree to notify us about any billing problems or discrepancies within 90 days after they first appear on your Account statement. If you do not bring them to our attention within 90 days, you agree that you waive your right to dispute such problems or discrepancies.

We may modify the price, content, or nature of the Service at any time. Upon users becoming a member, that membership continues indefinitely until terminated. The Mercer Club or the member can terminate at any time at their discretion. We may provide notice of any such changes by email, notice to you upon log-in, or by publishing them on the Site.

  1. Authorizations

We reserve the right to determine whether your payment method(s) is/are pre-authorized to accept a minimum charge equal to each item on The Mercer Club. In the event we feel the amount of available credit is not sufficient to cover these amounts, we may request the immediate return of all outstanding items and/or that you provide a second valid payment method before continuing to use the Service.

Typically an initial authorization for $1.00 is processed; this is to verify the validity of the payment method. There will then be a second authorization for the actual amount. Once the order has gone through and shipped, only the actual amount of the order and any applicable taxes/fees will be charged. In the event an order is canceled, the funds authorized are released by The Mercer Club and are then subject to the rules of your financial institution, in determining the time that you will have the funds back.

8. Actual Damages, Liquidated Damages, Attorneys’ Fees and Costs

Actual Damages– In the case of a failure to pay any debts or to return any item(s) when due to The Mercer Club (hereinafter, a “default”), you will be liable to The Mercer Club for its ACTUAL DAMAGES, including but not limited to the then-current borrow payment for each item until said item is received by The Mercer Club in an undamaged condition. If said item has not been returned in an undamaged condition before the expiration of 90 days after the date of default, then The Mercer Club at its option may alternatively charge you the price as indicated on the item page, or seek to recover the wrongfully-retained item plus all applicable fees. If suit is filed, The Mercer Club may assert these measures of damage simultaneously. If an item is not recovered, or if it is recovered in a damaged condition, then The Mercer Club will charge you the price as indicated on the item page, plus any other applicable fees.

Liquidated Damages– The Mercer Club spends significant internal resources on its efforts to reduce and recover losses flowing from customer non-payments, from the theft and/or wrongful retention of its products, and from other improper, negligent or fraudulent acts. Because the amount of these internal losses are extremely difficult to calculate, you agree that The Mercer Club is also entitled to collect LIQUIDATED DAMAGES-IN ADDITION TO ITS ACTUAL DAMAGES-if The Mercer Club commences collection or legal action to recover any amounts due from you, and/or to recover property wrongfully retained by you. In all cases, the LIQUIDATED DAMAGES will consist of a $700 per-item charge for each item that remains unpaid and/or unreturned at the time that The Mercer Club commences collection or legal action, which sum is intended to compensate for the expenditure of The Mercer Club’s internal resources as a result of your breach of contract, fraud or other wrongful or negligent acts. In cases where The Mercer Club has been unsuccessful in recovering its merchandise in an undamaged condition prior to the entry of a judgment against you, then The Mercer Club’s LIQUIDATED DAMAGES will also include an additional 150-day BORROW charge to cover the period from day 31 through day 180 following your default. This second, 150-day BORROW period is intended to provide a reasonable estimate of The Mercer Club’s additional lost BORROW income caused by your wrongful retention of The Mercer Club’s property. It will be charged to you at the same rate as was actually charged for the first 30-day default BORROW period. You understand and agree that the LIQUIDATED DAMAGES of (i) $700 per item plus (ii) the second, 150-day borrow period for items that are not recovered in an undamaged condition, are not a penalty, but instead are reasonable and necessary estimates of the sums needed to compensate The Mercer Club for the loss of its internal resources and for the loss of its future BORROW income.

Attorneys’ Fees, Costs and Interest- If The Mercer Club commences litigation to recover its property from you, to recover ACTUAL DAMAGES, and/or to recover LIQUIDATED DAMAGES; you agree that the substantially prevailing party will be entitled to recover its reasonable attorneys’ fees and expenses of litigation. You further agree that The Mercer Club will be entitled to recover prejudgment interest on its ACTUAL DAMAGES and it’s LIQUIDATED DAMAGES from the date of default to the date of judgment entry at the rate of 12% per annum.

Reservation of Rights- The Mercer Club expressly reserves its right to seek additional elements of actual damages other than those expressly identified above.

9. Privacy

Any information submitted on the Site is subject to our Privacy Policy, the terms of which are incorporated into these Terms and Conditions. Our Privacy Policy may be found at Privacy. Please review our Privacy Policy carefully.

10. Submissions

The Site may allow you and other third parties to post reviews or comments concerning the Service or the products we distribute. Any opinions, advice, statements, services, offers, or other information that constitutes part of the content expressed or made available by third parties on the Site are those of the respective authors or producers and not of The Mercer Club, or its shareholders, directors, officers, or employees. The Mercer Club may review and delete any content, in whole or in part, that in the sole judgment of The Mercer Club violate these Terms and Conditions or which might be offensive, illegal, or that might violate the rights of or harm any third parties. Nonetheless, under no circumstances will The Mercer Club, or its shareholders, directors, officers, or employees be held liable for any loss or damage caused by your reliance on information obtained through the Site. It is your responsibility to evaluate the information, opinion, advice, or other content available through the Service or the Site.

We are free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us (each, a “Submission”), including, without limitation, responses to questionnaires or through postings on message boards on the Site without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Site and the Service. Furthermore, by posting any Submission on the Site, submitting information to us, or in responding to questionnaires, you grant us a perpetual, non-exclusive, fully paid, royalty-free, irrevocable, sublicenseable, worldwide license and right to display, use, perform, reproduce, modify, distribute and create derivative works of the Submission or information submitted in any media, software, or technology of any kind now existing or developed in the future. By posting or providing a Submission or information, you represent and warrant that public posting and use of your Submission or information by The Mercer Club will not infringe on or violate the rights of any third party.

Be advised that we do not accept unsolicited materials or ideas for use or publication, and are not responsible for the similarity of any of our content to materials or ideas transmitted to us. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against us and our affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the idea you sent.

11.Use Restrictions

You will not use the Site or Service to:
(a) Upload, post, email, or otherwise transmit any Submission that contains personally identifying information (such as actual names, phone numbers, mailing addresses, email addresses and URL), unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
(b) harm minors in any way;
(c) Impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity;
(d) Upload, post, email, or otherwise transmit any Submission that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(e) Upload, post, email or otherwise transmit any Submission that infringes any patent, trademark, trade secret, copyright or other proprietary right of any party;
(f) Upload, post, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other forms of solicitation;
(g) Upload, post, email, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
(h) Interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;
(i) Intentionally or unintentionally violate any applicable local, state, national or international law or regulation; (j) “Stalk” or otherwise harass another;
(k) Write comments that in any way refer to persons under 18 years of age;
(l) Collect or store personal data about other users.

12.Access Limits

Unless otherwise specified, the content on the Site is for your personal and non-commercial use; The Mercer Club grants you a limited license to access the Site solely for that purpose. You may not download (other than through page caching necessary for personal use), modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, offer for sale, or use in any other way the Service, or any information contained on, or obtained from, the Site without the express written consent of The Mercer Club. Any and all unauthorized uses of the Site or the contents therein will terminate the limited license granted to you. Without our express written consent, you may not:
(a) Use any automated means to access the Site or collect any information from the Site (including without limitation robots, spiders or scripts).
(b) Frame the Site, place pop-up windows over its pages, or otherwise affect the display of its pages. This means, among other activities, that you agree not to engage in the practices of “screen scraping,” “database scraping,” or any other activity with the purpose of obtaining lists of users or other information.

13.Disclaimers of Warranties; Limitations on Liability

The Service (including the products provided under the Service or purchased through the Site), and the Site and its contents, are provided “as is”; The Mercer Club makes no representations or warranties of any kind with respect to the Service, gift cards, products provided with or sold by the Service, the Site, or any contents therein. The Mercer Club assumes no liability or responsibility for any errors or omissions in providing the Service or in the content of the Site, any failures, delays, or interruptions in the shipment of products, delivery of any content contained on the Site, any losses or damages arising from the use of the content provided on the Site, goods or services provided by The Mercer Club, or any conduct by users of the Site. The Mercer Club reserves the right to refuse to ship products in its sole discretion. THE MERCER CLUB EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES RELATING TO THE SERVICE, THE PRODUCTS, AND THE SITE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, ACCURACY, TITLE, AND NON-INFRINGEMENT. In addition, The Mercer Club does not represent or warrant that the information on or accessible via the Site or through the Service is complete or current.

THE MERCER CLUB AND ITS AFFILIATES’, SUPPLIERS’, AND THEIR RESPECTIVE OFFICERS’, DIRECTORS’, SHAREHOLDERS’, EMPLOYEES’ AND AGENTS’ LIABILITY UNDER THESE TERMS OF USE AND ANY OTHER TERMS AND CONDITIONS (INCLUDING GIFT CARD TERMS AND CONDITIONS) IS LIMITED TO DIRECT, OBJECTIVELY MEASURABLE DAMAGES. THE MERCER CLUB AND ITS AFFILIATES, SUPPLIERS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND AGENTS WILL NOT BE HELD LIABLE FOR ANY INDIRECT OR SPECULATIVE DAMAGES (INCLUDING, WITHOUT LIMITING THE FOREGOING, CONSEQUENTIAL, INCIDENTAL, AND SPECIAL DAMAGES) INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, BUSINESS INTERRUPTIONS, AND LOSS OF PROFITS, REGARDLESS OF WHETHER THESE PARTIES HAD ADVANCE NOTICE OF THE POSSIBILITY OF ANY SUCH DAMAGES. THE MERCER CLUB AND ITS AFFILIATES’, SUPPLIERS’, AND THEIR RESPECTIVE OFFICERS’, DIRECTORS’, SHAREHOLDERS’, EMPLOYEES’ AND AGENTS’ TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICE, THE PRODUCTS, GIFT CARDS, THE SITE OR THESE TERMS OF USE, WHETHER IN CONTRACT OR IN TORT, SHALL NOT EXCEED THE AMOUNTS PAID TO THE MERCER CLUB BY YOU UNDER THESE TERMS OF USE. EACH PROVISION OF THESE TERMS OF USE THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THESE TERMS OF USE BETWEEN THE PARTIES. THIS ALLOCATION IS REFLECTED IN THE PRICING OFFERED BY THE MERCER CLUB TO YOU AND IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THIS AGREEMENT. THE LIMITATIONS IN THIS SECTION WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY IN UNDER THESE TERMS OF USE. Some states do not allow the foregoing limitations of liability, so they may not apply to you.

14.Indemnity

You agree to indemnify and hold The Mercer Club, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your use of the Service in violation of these Terms and Conditions and/or arising from a breach of these Terms and Conditions.

15.Intellectual Property

THE MERCER CLUB is a trademark of The Mercer Club Inc. All The Mercer Club graphics, logos, page headers, button icons, scripts and service names are trademarks or trade dress of The Mercer Club. Any trademarks not owned by The Mercer Club that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by The Mercer Club. All content and compilation thereof on the Site, including, but not limited to, text, graphics, logos, designs, photographs, button icons, images, data compilations, and software, is the property of The Mercer Club, its licensors, or its product suppliers, and is protected by United States and international copyright laws. No material, including, but not limited to, the material listed above, should be reproduced or used without our express written permission.

16.Termination

You agree that we, in our sole discretion, may terminate your password, Account, or use of the Service or the Site, and remove and discard any of your Submissions from the Site, for any reason, including, without limitation, for lack of use or if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms and Conditions. Also, we may, in our sole discretion and at any time, discontinue providing the Service or the Site, or any part thereof, with or without notice. You agree that any termination of your access to the Service or the Site may be effected without prior notice, and you acknowledge and agree that we may immediately suspend, deactivate or delete your Account and all related information and Submissions made from your Account and bar any further access to such information or to the Site. Further, you agree that we will not be liable to you or any third-party for any suspension or termination of the Service or your access to the Site.

17. Links and Advertising

We may provide, or third parties may provide, links to other Web sites or resources that are beyond our control. We make no representations as to the quality, suitability, functionality, or legality of any sites to which links may be provided, and you hereby waive any claim you might have against us, with respect to such sites. THE MERCER CLUB IS NOT RESPONSIBLE FOR THE CONTENT ON THE INTERNET OR WEB PAGES THAT ARE CONTAINED OUTSIDE THE SITE.

Your correspondence or business dealings with, or participation in promotions of, advertisers or partners found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser or partner. You agree that we are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or partners on the Site.

18.Service Tests

The Mercer Club tests aspects of its Service from time to time. The Mercer Club reserves the right to include you in such tests without notice.

19.Governing Law, Jurisdiction, Venue and Arbitration

These Terms and Conditions are governed in all respects by the laws of the State of New York as such laws are applied to agreements entered into and to be performed entirely within New York between New York residents. BY ACCEPTING THIS AGREEMENT AND USING THE SERVICE, YOU ACCEPT AND CONSENT TO THE PERSONAL JURISDICTION AND VENUE OF THE FEDERAL AND STATE COURTS IN NEW YORK COUNTY, NEW YORK, FOR ANY COURT ACTION OR PROCEEDING DEEMED NECESSARY BY THE MERCER CLUB TO COLLECT AMOUNTS DUE HEREUNDER, TO RECOVER ITS PROPERTY, AND/OR TO PROTECT THE MERCER CLUB FROM THEFT OR FRAUD. AT THE MERCER CLUB’S SOLE OPTION, THE MERCER CLUB MAY ALSO COMMENCE ANY COURT ACTION OR PROCEEDING TO COLLECT AMOUNTS DUE HEREUNDER, TO RECOVER ITS PROPERTY, AND/OR TO PROTECT THE MERCER CLUB FROM THEFT OR FRAUD, IN THE FEDERAL OR STATE COURTS IN THE STATE WHERE YOU RESIDE, OR IN THE STATE WHERE THE PROPERTY IS LOCATED.

Any other controversy or claim arising out of or relating to these Terms and Conditions, the Service, the Products, or the Site shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in New York County, New York, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. The award of the arbitrator shall be final and binding upon the parties without appeal or review except as permitted by New York law. Notwithstanding the foregoing, either party may seek any interim or preliminary injunctive relief from any court of competent jurisdiction, as necessary to protect the party’s rights or property pending the completion of arbitration.

20. Claims of Copyright Infringement

It is our policy to respect the intellectual property rights of others. We do not promote, foster or condone any infringing activity. If you believe your work has been copied in a way that constitutes copyright infringement, are aware of any infringing material on the Site, or know of someone who is making unauthorized use of the content of the Site, please contact our registered agent for notice of copyright infringement under the DMCA and notify us of your concern by submitting a written notice to us at the following email address: contact@joinmercerclub.com

21.Taxes

All applicable local, city, and state taxes are your responsibility. You agree to pay these taxes.

22.General

The Mercer Club’s failure to act in a particular circumstance does not waive its ability to act with respect to that circumstance or similar circumstances. By using the Site or the Service, you consent to receiving electronic communications from The Mercer Club. These communications will include notices about your Account (e.g., shipping and receiving emails and other transactional information) and information concerning or related to the Service. You agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. The Mercer Club is excused for any failure to perform to the extent that its performance is prevented by any reason outside of its control. These Terms and Conditions comprise the entire agreement between you and The Mercer Club and supersede all prior agreements between the parties regarding the subject matter contained herein.

Effective July 1, 2018

 

 

  • No products in the cart.