Terms of Service

The website located at www.gomercatus.com (the “Site”) and the platform located at https://app.gomercatus.com (the “Platform”) are copyrighted works belonging to Mercatus, Inc. (“Mercatus”,“us”, and “we”). Certain features of the Platform or Site may be subject to additional guidelines, terms, or rules, which will be posted on the Platform or Site as applicable. All such additional terms, guidelines, and rules are incorporated by reference into this terms of use agreement (the “Agreement of Use” or“Agreement”); to the extent such terms, guidelines, and rules conflict with this Agreement of Terms, this Agreement of Terms shall govern, except for an executed Master Subscription and Services Agreement signed between MERCATUS and a subscriber to the Platform.

THIS AGREEMENT OF USE SETS FORTH THE LEGALLY BINDING TERMS FOR YOUR USE OF THE PLATFORM OR SITE. BY ACCESSING OR USING THE PLATFORM OR SITE, YOU ARE ACCEPTING THIS AGREEMENT AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THIS AGREEMENT. YOU MAY NOT ACCESS OR USE THE PLATFORM OR SITE IF YOU ARE NOT AT LEAST 18 YEARS OLD. IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THIS AGREEMENT, DO NOT ACCESS AND/OR USE THE PLATFORM OR SITE.
Platform and Service

1.1 MERCATUS provides an online software platform and support services that together deliver project management and analysis, portfolio and syndication management, document and workflow management, and analytics and reporting tools for buyers and sellers of energy generation projects or portfolios (the “Project”, the “Portfolio”, “Projects”, or “Portfolios”). The platform includes an online web interface and offline components, data encryption, storage, transmission, access, communication, and process management (collectively referred to as the “Platform”). “User” means any user of the Platform or Site, and may include a project developer or seller (“Developer”), investor or buyer (“Investor”), or third parties supporting Developers or Investors of energy projects or portfolios such as analysts, engineers, lawyers, accountants, etc. (“Third Party”). To the extent you are an Investor, the provisions in this Agreement regarding Investors apply to you. To the extent you are a Developer, the provisions in this Agreement regarding Developers apply to you. To the extent you are a User (i.e. Developer, Investor or Third Party), the provisions in this Agreement regarding Users apply to you.
1.2 Projects. A Developer or an Investor may create one or more projects or portfolios for project management and analysis, portfolio and syndication management, document and workflow management, and analytics and reporting on the Platform (“Projects”) by signing up for a Platform subscription in accordance with Section 3, providing Project information (“Project Details”), and following the instructions on the Platform. MERCATUS reserves the right in its sole discretion to restrict an Investor, Developer or User from loading a Project or Portfolio and to remove Project or Portfolio listings from the Platform.
Project Details.As between Platform Users, (herein referred to as Parties) the following terms apply (“User Terms”):

2.1 License. Disclosing Parties hereby grant to the receiving party a non-exclusive, revocable (upon disclosing Party’s written request) license (“User License”), to access the Project Details through the Platform, and to internally use and make reasonable copies of the Project Details for its internal business purpose of evaluating or pursing a financing with the Party. Apart from the foregoing license, Party reserves all right, title and interest in and to the Project Details and all intellectual property therein.
2.2 Confidentiality. If Parties have entered into a separate non-disclosure agreement (“NDA”) then the terms of such NDA shall govern; otherwise, the following confidentiality provisions shall apply.
(a) “Confidential Information” or “CI” of Parties will mean any and all technical and non-technical information disclosed by such party (“Disclosing Party”) to the other Party (“Receiving Party”) in connection with the Platform and Site and labeled at the time of such disclosure as “Confidential” or bearing a similar legend, and all other information that the Parties knew, or reasonably should have known, was the CI of the other party. CI of the Disclosing Party includes the Project Details.
(b) Obligations. Receiving Party agrees that it will (i) hold in confidence and not disclose to any third party any CI of Disclosing Party, except as approved in writing by Disclosing Party; (ii) protect such CI with at least the same degree of care that Receiving Party uses to protect its own CI, but in no case, less than reasonable care; (iii) use the Disclosing Party’s CI for no purpose other than the Permitted Use; (iv) limit access to Disclosing Party’s CI to those of Receiving Party’s employees or authorized representatives having a need to know who have signed confidentiality agreements containing, or are otherwise bound by, confidentiality obligations at least as restrictive as those contained herein; and (v) immediately notify Disclosing Party upon discovery of any loss or unauthorized disclosure of Disclosing Party’s CI. Any copy of any of Disclosing Party’s CI remains the property of Disclosing Party and will contain all confidential or proprietary notices or legends that appear on the original, unless otherwise authorized in writing by Disclosing Party. Each party’s obligations hereunder will survive termination of this Agreement and will continue in full force and effect with respect to CI of the other Party for 5 year(s) from the date of disclosure of such CI. Upon written request of Disclosing Party, Receiving Party will (i) cease any use of Disclosing Party’s CI; and (ii) promptly return to Disclosing Party all documents and other tangible materials containing any portion of, or summarizing, Disclosing Party’s CI and all copies thereof.
(c) Exclusions. Receiving Party has no obligations with respect to any portion of Disclosing Party’s CI if such Receiving Party can demonstrate with competent evidence that such portion (i) was in the public domain at the time it was communicated to Receiving Party by Disclosing Party; (ii) entered the public domain subsequent to the time it was communicated to Receiving Party by Disclosing Party, through no fault of Receiving Party; (iii) was in Receiving Party’s possession free of any obligation of confidence prior to the time it was communicated to Receiving Party by Disclosing Party; (iv) was rightfully communicated to Receiving Party free of any obligation of confidence subsequent to the time it was communicated by Disclosing Party; (v) was developed by employees or agents of Receiving Party independently of and without reference to any information communicated to Receiving Party by Disclosing Party; or (vi) was communicated by Disclosing Party to an unaffiliated third party free of any obligation of confidence. Notwithstanding the above, Receiving Party may disclose Disclosing Party’s CI, without violating the obligations of this Agreement, to the extent such disclosure is required by a valid order of a court or other governmental body having jurisdiction, provided that Receiving Party gives Disclosing Party reasonable prior written notice of such disclosure and makes a reasonable effort to obtain, or to assist Disclosing Party in obtaining, a protective order preventing or limiting the disclosure and/or requiring that the CI so disclosed be used only for the purposes for which the law or regulation required, or for which the order was issued.
Accounts and Payment Terms:

3.1 Usernames and Passwords. You may sign up for a license to use the Platform or Site by following the instructions on the Platform or Site as mutually agreed to in writing between MERCATUS and Platform or Platform service subscriber. “License Term” means the period during which specified users are allowed to use the Platform according to a separate Master Subscription and Services Agreement signed between the Platform subscriber and Mercatus. “Users” means your employees who are authorized to utilize the Platform and who are provided with access to the Platform by virtue of a password or the equivalent thereof. MERCATUS will provide each User a unique username and password to enable such User to access the Platform pursuant to this Agreement. MERCATUS reserves the right to change or update these usernames and passwords in MERCATUS’ sole discretion from time to time. Each username and password may only be used to access the Platform during one (1) concurrent login session. You acknowledge and agree that only Users are entitled to access the Platform with the username and password provided by MERCATUS. You will provide to MERCATUS information and other assistance as necessary to enable MERCATUS to establish usernames for Users, and you will verify all User requests for account passwords. You are responsible for maintaining the confidentiality of all Users’ usernames and passwords, and are solely responsible for all activities that occur under these usernames. You agree (a) not to allow a third party to use your account, usernames or passwords at any time; and (b) to notify MERCATUS promptly of any actual or suspected unauthorized use of your account, usernames or passwords, or any other breach or suspected breach of this Agreement. MERCATUS reserves the right to terminate any username and password, which MERCATUS reasonably determines may have been used by an unauthorized third party. User licenses cannot be shared or used by more than one individual User, but may be reassigned from time to time to a new User who is replacing a former User who has terminated employment or otherwise changed job status or function and no longer uses the Platform.
3.2 User License Fee. You shall pay all fees or charges to your account in accordance with the fees, charges, and billing term in accordance with your Master Subscription and Services Agreement. MERCATUS charges and collects User license fees in advance for use of the Platform.
3.3 Other Payment Terms. All payment obligations are non-cancelable and all amounts paid are nonrefundable. Fees for other services will be charged on an as-quoted basis. Any amounts not paid when due shall bear interest at the rate of one and one half percent (1.5%) per month, or the maximum legal rate, if less. MERCATUS shall be entitled to withhold performance and discontinue service until all amounts due are paid in full. All amounts are in US dollars. MERCATUS’s fees are exclusive of all taxes, levies or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States taxes based solely on MERCATUS’s income. You agree to provide MERCATUS with complete and accurate billing and contact information. You agree to update this information within thirty (30) days of any change to it. If the contact information you have provided is false or fraudulent, MERCATUS may terminate your access to the Platform in addition to any other legal remedies.
IMPORTANT DISCLAIMERS AND RELEASE.

4.1 DISCLAIMER. WE MAKE NO WARRANTIES REGARDING AND DO NOT SPONSOR OR ENDORSE ANY PROJECTS OR ANY DEVELOPERS, INVESTORS, OR OTHER USERS. DEVELOPERS AND INVESTORS ENTER INTO PROJECT OR PORFOLIO SALES, INVESTMENTS, OR ACQUISITIONS AT THEIR OWN RISK. YOU SHOULD MAKE WHATEVER INVESTIGATION YOU FEEL NECESSARY OR APPROPRIATE BEFORE PROCEEDING WITH ANY FINANCING OR OTHER TRANSACTION WITH ANY USER. YOUR INTERACTIONS WITH USERS ARE SOLELY BETWEEN YOU AND SUCH USER AND MERCATUS WILL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE INCURRED AS THE RESULT OF ANY SUCH INTERACTIONS, INCLUDING ANY SALES, INVESTMENTS, FINANCINGS, OR FINANCING AGREEMENTS OR TERMS. IF THERE IS A DISPUTE BETWEEN YOU AND ANY USER, WE ARE UNDER NO OBLIGATION TO BECOME INVOLVED. NOTWITHSTANDING THE FOREGOING, MERCATUS WILL USE COMMERCIALLY REASONABLE EFFORTS TO PROVIDE THE SERVICES DESCRIBED IN THIS AGREEMENT. THE FOREGOING DISCLAIMER SHALL NOT LIMIT THE MORE GENERAL DISCLAIMERS IN SECTIONS 11 AND 12.
4.2 Release. You hereby release and forever discharge us (and our officers, employees, agents, successors, and assigns) from, and hereby waive and release, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, any interactions or transactions with, or act or omission of, Investors, Developers, or other Users, including any sales, investments, financings, financing agreements or terms. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
User Content

5.1 Your User Content. “User Content” means any and all information and content that a User submits to, or uses with, the Platform. User Content includes Project Details, project analysis, portfolio and syndication analysis, and competitive analytics. You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that makes you or any third party personally identifiable. You hereby represent and warrant that your User Content does not violate the Acceptable Use Policy (defined below). You may not state or imply that your User Content is in any way provided, sponsored or endorsed by MERCATUS. Because you alone are responsible for your User Content (and not MERCATUS), you may expose yourself to liability if, for example, you’re User Content violates the Acceptable Use Policy. MERCATUS is not obligated to remove any User Content from the Platform unless required by applicable law. MERCATUS is not obligated to backup any User Content and User Content may be deleted at any time. You are solely responsible for creating backup copies of your User Content if you desire.
5.2 License to User Content. You hereby grant, and you represent and warrant that you have the right to grant, to MERCATUS an irrevocable, non-exclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use your User Content, and to grant sub-licenses of the foregoing, solely for the purposes of including your User Content in the Platform. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content. For the avoidance of doubt, Disclosing Party license of the Project Details to the Receiving Party is set forth in Section 2 above and is not governed by the foregoing license.
5.3 Aggregated Data Use. You agree that MERCATUS may process User Content and usage data from the Platform and Service to create and compile anonymized, aggregated datasets and/or statistics about the Mercatus products or services in order to: (i) maintain and improve the performance and integrity of Mercatus products or services; (ii) understand which Mercatus products or services are most commonly deployed and preferred by customers and how customers interact with Mercatus products or services; (iii) identify the types of Mercatus services that may require additional maintenance or support; (iv) to identify key industry trends, and (v) comply with all regulatory, legislative and/or contractual requirements, provided in each case that such aggregated datasets and statistics will not enable Subscriber or any living individual to be identified.
Acceptable Use Policy.

The following sets forth MERCATUS’ “Acceptable Use Policy”:
6.1 User Content. You agree not to use the Platform with any User Content or to provide any products or services that (a) violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive (e.g., material that promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual) or otherwise objectionable material of any kind or nature or which is harmful to minors in any way; or (c) is in violation of any laws, or obligations or restrictions imposed by any third party.
6.2 Use Restrictions. You agree not to use the Platform to: (a) upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data; (b) send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (c) harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (d) interfere with, disrupt, or create an undue burden on servers or networks connected to the Platform or Site or violate the regulations, policies or procedures of such networks; (e) attempt to gain unauthorized access to the Platform, other computer systems or networks connected to or used together with the Platform, through password mining or other means; (f) harass or interfere with another user’s use and enjoyment of the Platform; (g) introduce software or automated agents or scripts to the Platform so as to produce multiple accounts, generate automated searches, requests and queries, or to strip, scrape, or mine data from the Platform; (h) impersonate any person or entity or falsify or misrepresent yourself or your affiliation with any person or entity; or (i) display, mirror, or frame the Platform.
6.3 We reserve the right (but have no obligation) to review any User Content, investigate, and/or take appropriate action against you in our sole discretion (including removing or modifying your User Content, terminating your account, and/or reporting you to law enforcement authorities) if you violate the Acceptable Use Policy or any other provision of this Agreement or otherwise create liability for us or any other person.
Platform

7.1 License. Subject to the terms of this Agreement, MERCATUS grants you a non-transferable, non-exclusive, license to use the Platform (excluding the Project Details) for your internal business purposes. For the avoidance of doubt, User License or assignment of the Project Details to the Receiving Party is set forth in Section 2 above and is not governed by the foregoing license.
7.2 Certain Restrictions. The rights granted to you in this Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, or otherwise commercially exploit the Platform; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Platform; (c) you shall not access the Platform in order to build or promote a similar or competitive service; and (d) except as expressly stated herein, no part of the Platform may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Any future release, update, or other addition to functionality of the Platform shall be subject to the terms of this Agreement. All copyright and other proprietary notices on any Platform content must be retained on all copies thereof. MERCATUS reserves the right, at any time, to modify, suspend, or discontinue the Platform or any part thereof with or without notice. You agree that MERCATUS will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Platform or any part thereof. You acknowledge and agree that MERCATUS will have no obligation to provide you with any support or maintenance in connection with the Platform or Site.
7.3 Feedback. If you provide MERCATUS any feedback or suggestions regarding the Platform or Site (“Feedback”), you hereby assign to MERCATUS all rights in the Feedback and agree that MERCATUS shall have the right to use such Feedback and related information in any manner it deems appropriate. MERCATUS will treat any Feedback you provide to MERCATUS as non-confidential and non-proprietary. You agree that you will not submit to MERCATUS any information or ideas that you consider to be confidential or proprietary.
7.4 Ownership. Each User owns its own User Content. Excluding your User Content, you acknowledge that all the intellectual property rights in the Platform are owned by MERCATUS or MERCATUS’ licensors. The provision of the Platform and Site does not transfer to you or any third party any rights, title or interest in or to such intellectual property rights. MERCATUS and its suppliers reserve all rights not granted in this Agreement.
Indemnity. You agree to indemnify and hold MERCATUS (and its officers, employees, and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (i) your use of the Platform or Site, (ii) your User Content (including your Project Details and project analysis, portfolio and syndication analysis, and competitive analytics), (iii) your interaction with any User, (iv) your Project or Portfolio, or (v) your violation of this Agreement, or any applicable laws. MERCATUS reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of MERCATUS. MERCATUS will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

Third Party Sites & Ads.The Platform or Site might contain links to third party websites, services, and advertisements for third parties (collectively, “Third Party Sites & Ads”). Such Third Party Sites & Ads are not under the control of MERCATUS and MERCATUS is not responsible for any Third Party Sites & Ads. MERCATUS provides these Third Party Sites & Ads only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Sites & Ads. You use all Third Party Sites & Ads at your own risk. When you link to a Third Party Site & Ad, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third Party Sites & Ads.

Term and Termination. Subject to this Section, this Agreement will remain in full force and effect while you use the Platform. We may (a) suspend your rights to use the Platform (including your account) or (b) terminate this Agreement, at any time for any reason at our sole discretion, including for any use of the Platform in violation of this Agreement. Upon termination of this Agreement, your account and right to access and use the Platform will terminate immediately. You understand that any termination of your account may involve deletion of your User Content associated therewith from our live databases. MERCATUS will not have any liability whatsoever to you for any termination of this Agreement, including for termination of your account or deletion of your User Content. Even after this Agreement is terminated, the following provisions of this Agreement will remain in effect: Sections 4, 5, and 6, (excluding Section 7.1), 8, 9, 11, 12, and 13.

Disclaimers

THE PLATFORM ARE PROVIDED “AS-IS” AND “AS AVAILABLE” AND WE (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE PLATFORM: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

Limitation on Liability

IN NO EVENT SHALL WE (AND OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OF, OR INABILITY TO USE, THE PLATFORM EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE PLATFORM ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING THEREFROM. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR (AND OUR SUPPLIERS’) LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT FOR THE PLATFORM (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIFTY US DOLLARS ($50) OR (B) AMOUNTS YOU HAVE PAID MERCATUS IN THE PRIOR 12 MONTHS (IF ANY). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
General

13.1 Changes to Terms of Use. This Agreement is subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us (if any) and/or by prominently posting notice of the changes on our Site. Any changes to this agreement will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you (if applicable) or thirty (30) calendar days following our posting of notice of the changes on our Site. These changes will be effective immediately for new users of our Platform. You are responsible for providing us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Continued use of our Platform and Site following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
13.2 Governing Law and Venue. This Agreement and any action related thereto will be governed and interpreted by and under the laws of the State of California, without giving effect to any conflicts of laws principles that require the application of the law of a different jurisdiction. You hereby expressly consent to the personal jurisdiction and venue in the state and federal courts for the county in which MERCATUS’ principal place of business is located for any lawsuit filed there against you by MERCATUS arising from or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. The laws of the jurisdiction where you are located may be different from California law. You shall always comply with all international and domestic laws, ordinances, regulations, and statutes that are applicable to its purchase and use of the Platform or Site hereunder.
13.3 Entire Agreement. This Agreement constitutes the entire agreement between you and us regarding the use of the Platform. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. The word including means including without limitation. If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. This Agreement, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without MERCATUS’ prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. The terms of this Agreement shall be binding upon assignees.
13.4 Copyright/Trademark Information. Copyright © 2013, Mercatus, Inc. All rights reserved. Alltrademarks, logos and service marks (“Marks”) displayed on the Platform are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
13.5 Contact Information:
Mercatus, Inc.
1900 S Norfolk St, Suite 325
San Mateo, CA 94403
United States of America
Email: [email protected]
Phone: + 1.408.796.3140