This Website and the Service is offered and available to users who are 18 years of age or older, reside in Canada or the United States and have either been provided a username and password by an Authorizing Customer or are viewing the Website in order to evaluate a possible subscription to the Service. By using this Website or the Service, you represent and warrant that you are of legal age to form a binding contract with mercanix and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website or the Service.
Accessing the Service and Account Security
Subject to any limitations in the Service Agreement, Mercanix reserves the right to modify the Website and the Service in its sole discretion without notice. Mercanix will not be liable to any User if for any reason all or any part of the Website and the Service is unavailable at any time or for any period. From time to time, Mercanix may restrict access to some parts of Website and the Service, or the entire Website and the Service, to Users for scheduled maintenance or for other purposes.
You acknowledge that use of the Service requires compliance with certain minimum requirements for hardware, systems software and Internet browsers for User workstations and the download of certain desktop applications software on you workstation, as well as Internet connectivity. Such minimum recommended levels can be found at https://help.mot-r.com/article/20-prerequisites and may be amended from time to time by Mercanix. Your failure to comply with these requirements may cause the Service not function at all or to function poorly. You are responsible for ensuring that you systems meet all minimum requirements, as modified from time to time.
If you are provided with a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential and must not provide third parties with, or permit third parties to use, user names, passwords or other security information. You agree not to permit any other person to authorize the account associated with your user name and password (sometimes referred to as your "account") and not to use the account of, or to impersonate, any other person. You agree to notify, or to cause the Authorizing Customer to notify, Mercanix immediately of any unauthorized access to or use of your user name or password or any other breach of security with respect to the Service involving your account. You also agree to ensure that you exit from your account at the end of each session. Users should use particular caution when accessing account from a public or shared computer so that others are not able to view or record their respective password or other personal information.
Users to Look to Authorizing Customer for Support
Mercanix shall have no obligation to provide support to any User with respect to the Service. Users shall direct requests for support to the IT personnel or help desk of the Authorizing Customer and shall not contact Mercanix directly to request Support. If Mercanix directly or indirectly provides any support to a User, no standards of service or other duties shall govern such support.
Deletion of Workflows upon Termination of Service
PRIOR TO THE TERMINATION OF THE AUTHORIZING CUSTOMER'S SERVICE AGREEMENT, IT IS THE OBLIGATION OF USER AND/OR AUTHORIZING CUSTOMER TO MAKE ANY REQUIRED COPIES OF WORKFLOWS AND DATA IN THE APPLICATION OF THE AUTHORIZING CUSTOMER ("CUSTOMER DATA", AND/OR TO TRANSITION SUCH CUSTOMER DATA ANOTHER DATABASE OR SERVICE. UNDER THE SERVICE AGREEMENT, AUTHORIZING CUSTOMER IS PERMITTED TO DELETE ALL CUSTOMER DATA, INCLUDING ANY DATA ADDED TO THE APPLICATION BY YOU, IN ITS APPLICATION AT ANY TIME. FOLLOWING THE TERMINATION OF THE SERVICE AGREEMENT (AND ANY TRANSITION PERIOD) DESCRIBED IN THE SERVICE AGREEMENT, MERCANIX IS AUTHORIZED TO DELETE ALL CUSTOMER DATA, INCLUDING ANY CUSTOMER DATA ADDED TO THE APPLICATION BY YOU. MERCANIX WILL NOT BE LIABLE UNDER ANY LEGAL THEORY FOR ANY LOSS OR DAMAGE CAUSED BY THE DELETION OF ALL CUSTOMER DATA OF THE AUTHORIZING CUSTOMER OR USER FROM THE SERVICE FOLLOWING THE TERMINATION OF THE SERVICE AGREEMENT (AND ANY TRANSITION PERIOD) OR FOR ANY DELETIONS OF CUSTOMER DATA BY THE AUTHORIZING CUSTOMER OR ANY OTHER USERS OF THE AUTHORIZING CUSTOMER.
Intellectual Property Rights
The marks Mercanix®, Mercanix® and all related names, logos, products and service names, designs and slogans are trademarks of Mercanix or its affiliates or licensors. You must not use such marks without the prior written permission of Mercanix. All other names, logos, product and service names, designs and slogans on this Service or the Website (the "Website") are the trademarks of their respective owners.
· in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from Canada, the US or other countries);
· to impersonate or attempt to impersonate Mercanix, a Mercanix employee, another user or any other person or entity; and
· to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Service, or which, as determined by us, may harm Mercanix or users of the Service or expose them to liability.
Additionally, you agree not to:
· use the Service in any manner that could disable, overburden, damage, or impair the Service or interfere with any other party's use of the Service, including their ability to engage in real time activities through the Service;
· use any robot, spider or other automatic device, process or means to access the Service for any purpose, including monitoring or copying any of the material from the Service;
· use any device, software or routine that interferes with the proper working of the Service;
· introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;
· attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Service, the server on which the Service is stored or the Website, or any server, computer or database connected to the Service;
· attack the Service via a denial-of-service attack or a distributed denial-of-service attack; or
· otherwise attempt to interfere with the proper working of the Service.
Legal Demand for Authorizing Customer and User Information
Mercanix disclaims any interest in the Customer Data. Mercanix may from time to time receive a subpoena, order from a court, tribunal or government entity with jurisdiction or other legally binding demand (collectively, a "Legal Demand") to obtain access to or copies of Customer Data. Upon such receipt, Mercanix will, unless prohibited by the terms of the Legal Demand or governing law, promptly provide written notice to the Authorizing Customer, not to any Users, of such Legal Demand. To the extent the Authorizing Customer does not eliminate the legal efficacy, by means of a successful motion to quash or other action of the Legal Demand, Mercanix may comply with the Legal Demand. This paragraph is not intended to, and does not, create a duty on the part of Mercanix to preserve Customer Data if there is threatened or pending litigation, which shall be the responsibility of the Authorizing Customer and the User. MERCANIX WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY MERCANIX'S PRODUCTION OF CUSTOMER DATA, OR ANY OTHER ACTION OF OMISSION, IN COMPLIANCE WITH THIS PARAGRAPH.
Reliance on Information Posted
The information presented on the Website or through the Service is made available solely for general information purposes. Mercanix does not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk.
Changes to Website
Mercanix may update the content on this Website from time to time in its discretion, but its content is not necessarily complete or up-to-date. Any of the material on this Website may be out of date at any given time, and we are under no obligation to update such material.
Linking to the Service and Social Media Features
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.
Links from the Service
Mercanix is based in the City of Toronto, in the Province of Ontario. Mercanix provides the Service through this Website for use only by persons located in the Canada and the United States. Mercanix make no claims that the Service or any of its content is accessible or appropriate outside of the Canada and the United States. Access to the Service may not be legal by certain persons or in certain countries. If you access the Service from outside Canada and the United States, you do so on your own initiative and are responsible for compliance with local laws.
Disclaimer of Warranties
You acknowledge and agree that Mercanix cannot and does not guarantee or warrant that files available for downloading from the Website or the Service, or any Customer Data, will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. MERCANIX WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR THE SERVICE OR ITEMS OBTAINED THROUGH THE WEBSITE OR THE SERVICE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE AND THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER MERCANIX NOR ANY PERSON ASSOCIATED WITH MERCANIX MAKES ANY WARRANTY OR REPRESENTATION TO ANY USER WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, FUNCTIONALITY OR AVAILABILITY OF THE SERVICE. WITHOUT LIMITING THE FOREGOING, NEITHER MERCANIX NOR ANYONE ASSOCIATED WITH MERCANIX REPRESENTS OR WARRANTS THAT THE SERVICE WILL BE RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES WILL OTHERWISE MEET THE NEEDS OR EXPECTATIONS OF ANY USER.
MERCANIX HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Disclaimer of Liability
IN NO EVENT WILL MERCANIX, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES OR ANY WEBSITES ASSOCIATED WITH IT, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Governing Law and Jurisdiction
Limitation on Time to File Claims
Waiver and Severability
The Service is powered by Mercanix Corporation an Ontario Company, with principal offices located at 232 Merton Street, Suite 205, Toronto ON CANADA M4S 1A1, (www.mercanix.com). Answers to technical questions about the Service are found in Help which is accessed from within the Service. Any further questions should be submitted to the Authorizing Customer's helpdesk.
All Mercanix Services are: Copyright © 1996 - 2018 Mercanix Corporation. All rights reserved.