Terms of Service

Last updated: February 25, 2017

USAGE GRANT AND RESTRICTIONS

  • 1.1 Mercaris hereby grants to Customer a single, non-transferable license to access Market Data for Internal Use Only. Customer may not externally redistribute the Market Data to its clients that are outside of Customer’s legal entity. In no event shall Customer resell, sublicense, retransmit or otherwise distribute all or any part of the Market Data except as provided under this agreement.
  • 1.2 Customer agrees and acknowledges that the Market Data received from Mercaris is the exclusive property of Mercaris, and not within the public domain. Mercaris retains ownership of all intellectual property rights to the products or services provided to Customer under this Agreement. Customer will not remove any trademarks or service marks of Mercaris including, but not limited to, all credits & copyright notices. Customer may reformat Market Data in its analysis and reports for its clients, but Customer agrees to exhibit and display Market Data with the following attribution “Market Data provided by Mercaris” with a hyperlink to www.mercaris.com.
  • 1.3 Customer represents that it is not engaged in, and agrees not to engage in, any unlawful transaction or business, and agrees not to use or knowingly permit anyone to use the Market Data for (a) any purpose or in any manner not authorized by this Agreement or (b) for any unlawful purpose or in any manner not in compliance with applicable laws, rules, or regulations of any federal, state, or local governmental entity of the United States or any foreign country, including all United States export laws.
  • 1.4 This Agreement will commence on the date indicated on the signature page below and will continue for an initial period of one (1) year. Thereafter, this Agreement will be renewed automatically for additional (1) year periods unless terminated by either party giving the other party written notice prior to service cancellation.
  • Your Mercaris subscription will automatically renew at the end of each term (annual or monthly) for a further term unless you give us written notice that would would like to terminate your subscription.

WARRANTY, LIMITED LIABILITY AND INDEMNIFICATION

  • 2.1 MERCARIS MAKES NO WARRANTIES, WHETHER ORAL, WRITTEN, EXPRESSED OR IMPLIED, WITH RESPECT TO THE MARKET DATA TO BE PROVIDED UNDER THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY WARRANTY AS TO THE ADEQUACY, ACCURACY, TIMELINESS OR COMPLETENESS OF THE MARKET DATA FOR ANY PARTICULAR USE OR PURPOSE. IN NO EVENT WILL MERCARIS BE LIABLE FOR ANY LOSS, LIABILITY, DAMAGE OR EXPENSE IN CONNECTION WITH THIS AGREEMENT OR THE PERFORMANCE OR NON-PERFORMANCE OF THE SERVICE BY MERCARIS, AND IN NO EVENT SHALL THE CUMULATIVE LIABILITY OF MERCARIS EXCEED THE TOTAL SERVICE FEES PAID BY CUSTOMER DURING THE PRECEDING ONE MONTH PERIOD. IN NO EVENT SHALL MERCARIS, ITS SOURCES, OR THEIR MEMBERS, OFFICERS, SHAREHOLDERS, DIRECTORS, OR AGENTS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING DAMAGES RESULTING FROM LOSS OF PROFIT OR LOSS OF BUSINESS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT. CUSTOMER WILL INDEMNIFY AND HOLD HARMLESS MERCARIS AND ITS SORUCES FROM ANY CLAIM DUE TO CUSTOMER’S BREACH OF ANY PROVISION UNDER THIS AGREEMENT, OR DUE TO ANY DELAY, INACCURACIES, ERRORS OR OMISSIONS OF INFORMATION PROVIDED BY MERCARIS, AND SHALL PAY FOR ALL EXPENSES AND ATTORNEY’S FEES RELATING TO SUCH CLAIM (INCLUDING CLAIMS MADE BY CUSTOMERS CLIENTS). CUSTOMER WILL COMMUNICATE THE LANGUAGE CONTAINED IN THIS SECTION, OR LANGUAGE SUBSTANTIALLY SIMILAR TO THIS SECTION, IN ITS AGREEMENTS WITH ITS CLIENTS.