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Submitted URL: http://taap.mercer.com/DesktopModules/LiveCampaign/API/Request/ProcessEmail?c=5427&l=1180464&ce=439562020
Effective URL: https://www.mercer.com/terms.html
Submission: On May 30 via api from US — Scanned from DE
Effective URL: https://www.mercer.com/terms.html
Submission: On May 30 via api from US — Scanned from DE
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TERMS OF USE
WEB SITE TERMS AND CONDITIONS OF USE
Released: November, 2015
PLEASE READ THESE TERMS AND CONDITIONS OF USE ("Terms") BEFORE USING THIS SITE.
By continuing to access or use this Mercer LLC website, or any service on this
site, you signify your acceptance of the Terms. Mercer LLC (“Company”) owns and
operates this Site on behalf of itself and its subsidiaries around the world
(collectively the “Mercer Companies”) to provide information and online services
to its users for the Mercer Companies (the “Service”). From time to time,
Company may modify the Terms. Accordingly, please continue to review the Terms
whenever accessing or using this site. Your use of this Site, or any Service on
this Site, after the posting of modifications to the Terms will constitute your
acceptance of the Terms, as modified. If, at any time, you do not wish to accept
the Terms, you may not use this Site. Any terms or conditions proposed by you
that are in addition to or which conflict with the Terms are expressly rejected
by Company and shall be of no force or effect.
1. User Assent to Terms and Conditions of Use. You represent that you have read
and agree to be bound by the Terms. You further agree: (i) to comply with
applicable U.S. federal, state, local, and foreign laws and regulations
regarding the transmission of any data obtained from the Site (as defined
herein) in accordance with the Terms; (ii) not to use the Site for illegal
purposes; and (iii) not to interfere or disrupt networks connected to the Site.
2. Intellectual Property. This website, including but not limited to text,
content, photographs, video, audio and graphics (the "Site"), is protected by
copyrights, trademarks, service marks, international treaties and/or other
proprietary rights and laws of the U.S. and other countries. The Site is also
protected as a collective work or compilation under U.S. copyright and other
laws and treaties. All individual articles, columns and other elements making up
the Site are also copyrighted works. The trademarks, service marks, trade names,
trade dress, logos, designs, and sounds associated with the Site are owned by
the Company or third parties. You agree to abide by all applicable copyright,
trademark, and other laws, as well as any additional copyright notices or
restrictions contained in the Site.
3. Authorized Use; Restrictions on Use. You may not use the Site for any illegal
purpose or in any manner inconsistent with the Terms. You agree to use the Site
solely for the use and benefit of you and your own organization, and not for
resale or other transfer to, or use by or for the benefit of, any other person
or entity. You agree not to use, transfer, distribute or dispose of any
information contained in the Site in any manner that could compete with, or be
detrimental to, the business of Company. You acknowledge that the Site has been
developed, compiled, prepared, revised, selected and arranged by Company and
others (including certain other information sources) through the application of
methods and standards of judgment developed and applied through the expenditure
of substantial time, effort and money and constitutes valuable intellectual
property and trade secrets of Company and such others. You agree to protect the
proprietary rights of Company and all others having rights in the Site during
and after the term of this agreement and to comply with all reasonable written
requests made by Company or its suppliers of content, equipment or otherwise
("Suppliers") to protect their and others’ contractual, statutory and common law
rights in the Site. You agree to notify Company in writing promptly upon
becoming aware of any unauthorized access or use of the Site by any party or of
any claim that the Site infringes upon any copyright, trademark or other
contractual, statutory or common law rights.
4. Further Restrictions on Use. YOU MAY NOT COPY, REPRODUCE, RECOMPILE,
DECOMPILE, DISASSEMBLE, REVERSE ENGINEER, DISTRIBUTE, PUBLISH, DISPLAY, PERFORM,
MODIFY, UPLOAD TO, CREATE DERIVATIVE WORKS FROM, TRANSMIT OR IN ANY WAY EXPLOIT
ANY PART OF THE SITE, EXCEPT THAT YOU MAY DOWNLOAD MATERIAL FROM THE SITE AND/OR
PRINT A REASONABLE NUMBER OF COPIES FOR YOUR PERSONAL USE OR USE WITHIN YOUR
ORGANIZATION, PROVIDED THAT ALL COPIES RETAIN ALL COPYRIGHT AND OTHER
PROPRIETARY NOTICES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE
ANALYSIS AND PRESENTATION INCLUDED IN THE SITE MAY NOT BE RECIRCULATED,
REDISTRIBUTED OR PUBLISHED BY YOU WITHOUT THE COMPANY’S PRIOR WRITTEN CONSENT.
MODIFICATION OF THE SITE’S CONTENT IS A VIOLATION OF COMPANY’S COPYRIGHT AND
OTHER PROPRIETARY RIGHTS. ADDITIONALLY, YOU MAY NOT OFFER ANY PART OF THE SITE
FOR SALE OR DISTRIBUTE IT OVER ANY MEDIUM INCLUDING BUT NOT LIMITED TO
OVER-THE-AIR TELEVISION OR RADIO BROADCAST, A COMPUTER NETWORK OR HYPERLINK
FRAMING ON THE INTERNET WITHOUT THE PRIOR WRITTEN CONSENT OF THE COMPANY. THE
SITE AND THE INFORMATION CONTAINED THEREIN MAY NOT BE USED TO CONSTRUCT A
DATABASE OF ANY KIND, NOR MAY THE SITE BE STORED (IN ITS ENTIRETY OR IN ANY
PART) IN DATABASES FOR ACCESS BY YOU OR ANY THIRD PARTY OR TO DISTRIBUTE ANY
DATABASE SITES CONTAINING ALL OR PART OF THE SITE. YOU MAY NOT USE THE SITE IN
ANY WAY TO IMPROVE THE QUALITY OF ANY DATA SOLD OR CONTRIBUTED BY YOU TO ANY
THIRD PARTY. YOU MAY NOT USE ANY OF THE TRADE-NAMES, TRADE-MARKS, SITE-MARKS AND
LOGOS DISPLAYED ON THE SITE (COLLECTIVELY "MARKS"), EXCEPT AS EXPRESSLY PROVIDED
IN THESE TERMS. NOTHING APPEARING ON THE SITE OR ELSEWHERE SHALL BE CONSTRUED AS
GRANTING, BY IMPLICATION, ESTOPPEL, OR OTHERWISE, ANY LICENSE OR RIGHT TO USE
ANY MARKS. YOU WILL NOT USE THE SITE, THE INFORMATION CONTAINED THEREIN OR ANY
OF COMPANY’S NAMES OR MARKS IN UNSOLICITED MAILINGS OR SPAM MATERIAL AND WILL
NOT SPAM OR SEND UNSOLICITED MAILINGS TO ANY PERSON OR ENTITY USING THE SITE.
5. Communication Services. This site may contain news groups, forums, and/or
other message or communication facilities designed to enable you to communicate
with the public at large or with a group (collectively, "Communication
Services"). You may be required to register to use the Communication Services.
You agree to maintain the confidentiality of your password as a result of your
registration, and you agree not to disclose it to any other individual or
entity. You agree that you are fully responsible for maintaining the
confidentiality of your password and that you will be responsible for any breach
of this obligation, including any damages which flow from, or are connected to,
such breach, without limitation. You agree that you are fully responsible for
all activities that occur under your password. You also agree to contact Company
immediately if you have any reason to believe that your password has been
compromised.
You agree that you are responsible for any content you post or otherwise submit
through the Communication Services, including its legality, reliability,
appropriateness, originality and copyright. You agree to use the Communication
Services only to post, send and receive messages and material that are proper
and related to the particular Communication Service. By way of example, and not
as a limitation, you agree that when using a Communication Service, you will
not:
* Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights
(such as rights of privacy and publicity) of others.
* Publish, post, upload, distribute or disseminate any inappropriate, profane,
defamatory, infringing, obscene, indecent or unlawful topic, name, material
or information.
* Upload files that contain software or other material protected by
intellectual property laws (or by rights of privacy of publicity) unless you
own or control the rights thereto or have received all necessary consents.
* Upload files that contain viruses, corrupted files, or any other similar
software or programs that may damage the operation of another's computer.
* Advertise or offer to sell or buy any goods or services for any business
purpose, unless such Communication Service specifically allows such messages.
* Conduct or forward surveys, contests, pyramid schemes or chain letters.
* Download any file posted by another user of a Communication Service that you
know, or reasonably should know, cannot be legally distributed in such
manner.
* Falsify or delete any author attributions, legal or other proper notices or
proprietary designations or labels of the origin or source of software or
other material contained in a file that is uploaded.
* Restrict or inhibit any other user from using and enjoying the Communication
Services.
* Violate any code of conduct or other guidelines which may be applicable for
any particular Communication Service.
* Harvest or otherwise collect information about others, including e-mail
addresses, without their consent.
* Violate any applicable laws or regulations.
Company has no obligation to monitor the Communication Services. However,
Company reserves the right to review materials posted to a Communication Service
and to remove any materials in its sole discretion. Company reserves the right
to terminate your access to any or all of the Communication Services at any time
without notice for any reason whatsoever.
Company will manage any personal information it collects via this Site in
accordance with its Privacy Statement at https://www.mercer.com/privacy.html. In
accordance with its Privacy Statement, Company reserves the right at all times
to disclose any information as necessary to satisfy any applicable law,
regulation, legal process or governmental request, or to edit, refuse to post or
to remove any information or materials, in whole or in part, in Company’s sole
discretion.
Company does not claim ownership of the materials you provide to Company
(including feedback and suggestions) or post, upload, input or submit to any
Communication Services (collectively "Submissions"); however, by posting,
uploading, inputting, providing or submitting your Submission you are granting
Company, its affiliated companies, sublicensees and other users of this Site
permission to use your Submission in connection with the operation of their
businesses including, without limitation, the rights to: copy, distribute,
transmit, publicly display, publicly perform, reproduce, edit, translate and
reformat your Submission; and to publish your name in connection with your
Submission.
No compensation will be paid with respect to the use of your Submission, as
provided herein. Company is under no obligation to post or use any Submission
you may provide and may remove or edit any Submission at any time in Company’s
sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you
warrant and represent that you own or otherwise control all of the rights to
your Submission as described in this section including, without limitation, all
the rights necessary for you to provide, post, upload, input or submit the
Submissions.
6. License. You acquire no rights or licenses in or to the Site and materials
contained therein other than the limited right to utilize the Site in accordance
with the Terms.
7. Linking And Framing. Company prohibits caching the Site, unauthorized
hypertext links to this Site, and the framing of any materials available through
this Site. Company reserves the right to disable any unauthorized links or
frames and specifically disclaims any responsibility for the contents of any
other Internet sites linked to this Site. Other internet sites which are linked
to the Site have their own terms and conditions of use and privacy policies.
Access to any other Internet sites linked to the Site is at your own risk and
Company expressly disclaims any and all liability related to such websites.
8. Linking. Without specific, written consent by Company, you specifically may
not link to this Site, either the home page or to any other page that is located
one or several levels down from the home page ("deep link"), nor are you
permitted to bring up or present content of this site within another website
("frame").
9. Rights Reserved. All present and future rights in and to trade secrets,
patents, copyrights, trade names, trademarks, service marks, databases, know-how
and other proprietary rights of any type under the laws of any governmental
authority, domestic or foreign, including rights in and to all applications and
registrations relating to the Site (the "IP Rights") shall, as between you and
Company, at all times be and remain the sole and exclusive property of Company.
All present and future rights in and title to the Site (including the right to
exploit the Site and any portions of the Site over any present or future
technology) are reserved to Company.
10. Disclaimer and Limitation of Liability. The information contained on this
Site provides only a general overview of subjects covered, is not intended to be
taken as advice regarding any individual situation, and should not be relied
upon as such and does not constitute and is not a substitute for obtaining your
own tax or legal advice. You should consult your insurance and legal advisors
regarding specific coverage issues. All insurance coverage is subject to the
terms, conditions, and exclusions of the applicable individual policies. Company
cannot provide any assurance that insurance can be obtained for any particular
client or for any particular risk.
You agree that your use of the Site is at your sole risk and acknowledge that
the Site and anything contained therein, including, but not limited to, content,
services, goods or advertisements, or any documents on the Site (the "Items")
are provided on an "AS IS" and “AS AVAILABLE” basis, without any
representations, warranties or conditions of any kind, whether express or
implied, as to the Site and the Items, including, but not limited to, implied
representations, warranties or conditions of merchantability, non-infringement,
title, fitness for a particular purpose or use, performance, availability,
timeliness, accuracy or completeness. Company does not warrant that the Site is
compatible with your equipment or is free of errors or viruses, worms or "Trojan
horses" and is not liable for any damage you may suffer as a result of such
destructive features. You agree that Company, its Suppliers and its third-party
agents shall have no responsibility or liability for: (i) any injury or damages,
whether caused by the negligence of Company, its employees, subcontractors,
agents, Suppliers or otherwise arising in connection with the Site; or (ii) any
fault, inaccuracy, omission, delay or any other failure in the Site caused by
your computer equipment or arising from your use of the Site on such equipment;
or (iii) any reliance you place on the Items without our express consent.
Links from or to websites outside the Site are meant for convenience only.
Company does not review, endorse, approve or control, and is not responsible for
any sites linked from or to the mercer.com site, the content of those sites, the
third parties named therein, or their products and services. Linking to any
other site is at your sole risk and Company will not be responsible or liable
for any damages in connection with linking. The content of other websites,
services, goods or advertisements that may be linked to the Site is not
maintained or controlled by Company. Links to downloadable software sites are
for convenience only and Company is not responsible or liable for any
difficulties or consequences associated with downloading the software. Company
is therefore not responsible for the availability, content or accuracy of other
websites, services or goods that may be linked to, or advertised on, the Site.
Company does not: (a) make any warranty, express or implied, with respect to the
use of the links provided on, or to, the Site; (b) guarantee the accuracy,
completeness, usefulness or adequacy of any other websites, services, goods or
advertisements that may be linked to the Site; or (c) make any endorsement,
express or implied, of any other websites, services, goods or advertisements
that may be linked to the Site. Company is also not responsible for the
reliability or continued availability of the telephone lines and equipment you
use to access the Site. You understand that Company and/or third-party
contributors to the Site may choose at any time to inhibit or prohibit their
content from being accessed under the Terms.
11. Limitation of Liability. YOU AGREE THAT UNDER NO CIRCUMSTANCES, INCLUDING
BUT NOT LIMITED TO NEGLIGENCE, SHALL COMPANY, ITS SUPPLIERS OR ITS THIRD PARTY
AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR DIRECT, INDIRECT, INCIDENTAL,
CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES EVEN IF AN AUTHORIZED
REPRESENTATIVE OF COMPANY HAS BEEN ADVISED SPECIFICALLY OF THE POSSIBILITY OF
SUCH DAMAGES, ARISING FROM USE OF OR INABILITY TO USE THE SITE OR ANY LINKS OR
ITEMS ON THE SITE OR ANY PROVISION OF THE TERMS, SUCH AS, BUT NOT LIMITED TO,
LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS. THIS LIMITATION ON
LIABILITY INCLUDES, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY VIRUSES WHICH
MAY INFECT A USER'S EQUIPMENT, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR
COMMUNICATION LINES, UNAUTHORIZED ACCESS, OR ANY FORCE MAJEURE. COMPANY CANNOT
AND DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE SITE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN DAMAGES, SO THE ABOVE
EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM
COUNTRY TO COUNTRY. ANY RIGHTS WHICH YOU MAY HAVE AS A RESULT OF THE APPLICATION
OF APPLICABLE LAWS IN THESE JURISDICTIONS SHALL NOT BE AFFECTED BY THIS
DISCLAIMER OF LIABILITY.
12. Representations and Warranties. You represent, warrant and covenant that
you: (i) have the power and authority to enter into this agreement; (ii) can
form legally binding contracts under applicable law; (iii) shall not use any
rights granted hereunder for any unlawful purpose; and (iv) shall use the Site
only as set forth in these Terms.
13. Indemnification. You agree, at your own expense, to indemnify, defend and
hold harmless Company and its employees, representatives, Suppliers and agents,
against any claim, suit, action or other proceeding, to the extent based on or
arising in connection with your use of the Site, or any links on the Site,
including, but not limited to: (i) your use or someone using your computer’s use
of the Site; (ii) a violation of the Terms by you or anyone using your computer;
(iii) a claim that any use of the Site by you or someone using your computer
infringes any IP Right (as herein defined) of any third party, or any right of
personality or publicity, is libelous or defamatory, or otherwise results in
injury or damage to any third party; (iv) any deletions, additions, insertions
or alterations to, or any unauthorized use of, the Site by you or someone using
your computer or your password; or (v) any misrepresentation or breach of
representation, warranty or covenant made by you contained herein. You agree to
pay any and all costs, damages and expenses (including reasonable attorneys’
fees) and costs awarded against or incurred by or in connection with or arising
from any such claim, suit, action or proceeding.
14. Termination. Either you or Company may terminate these Terms with or
without cause at any time and effective immediately. You may terminate by
discontinuing use of the Site and destroying all materials obtained from the
Site. These Terms will terminate immediately without notice from Company if
Company determines, in its sole discretion, that you have failed to comply with
any provision of these Terms. Upon termination by you or upon notice of
termination by Company, you must promptly destroy all materials obtained from
the Site and any copies thereof. Sections 2, 3, 7, 5, 8, 9, 10, 11, 12, 14, 15,
19 and 21 shall survive any termination of these Terms.
15. Governing Law. These Terms shall be governed and construed in accordance
with the laws of the United States of America and the State of New York, without
giving effect to conflicts of law principles thereof. You agree to submit to the
personal jurisdiction of the state and federal courts located in New York County
with respect to any legal proceedings arising out of this agreement and waive
any objection to the propriety or convenience of venue in such courts.
16. Access Outside the United States. If you choose to access the Site from
outside the United States, you are responsible for compliance with foreign and
local laws. Company shall not provide insurance or reinsurance broking, risk
consulting, claims or other services or provide any benefit to the extent that
the provision of such services or benefit would violate applicable law or expose
Company or its affiliates to any sanction, prohibition or restriction under UN
Security Council Resolutions or under other trade or economic sanctions, laws or
regulations By using the Site, you represent and warrant that you are in
compliance with all local and foreign laws.
17. Miscellaneous. Official Correspondence must be sent via postal mail to:
Mercer LLC
Office of the General Counsel
Attn: Website Inquiries
1166 Avenue of the Americas,
New York, New York 10036
18. Certain areas of this Site are subject to additional terms of use. By using
such areas, or any part thereof, you agree to be bound by the additional terms
of use applicable to such areas. This includes the additional terms relating to
the use of and access to the PFaroe software, which are set out below.
19. Severability. If any provision of these Terms is found to be unlawful,
void, or for any reason unenforceable, then that provision shall be deemed to be
severed from the rest of these Terms and shall not affect the legality, validity
and enforceability of any remaining provisions.
20. No Assignment. The provisions of these Terms will inure to the benefit of
and be binding upon each of Company and its successors and assigns and related
persons, and you and your heirs, executors, administrators, successors,
permitted assigns, and personal representatives. You may not assign these Terms
or your rights and obligations under these Terms without the express prior
written consent of Company which may be withheld in Company’s sole discretion.
Company may assign these Terms and its rights and obligations under these Terms
without your consent.
21. No Waiver. No consent or waiver by either party to or of any breach or
default by the other party in its performance of its obligations under these
Terms will be deemed or construed to be a consent to or waiver of a continuing
breach or default or any other breach or default of those or any other
obligations of that party. No consent or waiver will be effective unless in
writing and signed by both parties.
22. Copyright Agent
Mercer’s Copyright Agent for Notice of claims of copyright infringement can be
reached at: Mercer WorkforcePro LLC, 1166 Avenue of the Americas, New York, NY,
10036-2708, United States, Attn: Legal Department. Mercer’s Copyright Agent can
also be reached by telephone at 212-345-5000.
If you believe that there is any content on the Site that infringes your
copyrighted work, please provide the following information to Mercer’s Copyright
Agent:
(a) an electronic or physical signature of the person authorized to act on
behalf of the owner of the copyright interest;
(b) a description of the copyrighted work that you claim has been infringed;
(c) a description of where the material that you claim is infringing is located
on this Site;
(d) your address, telephone number, and email address;
(e) a statement by you that you have a good faith belief that the disputed use
is not authorized by the copyright owner, its agent, or the law; and
(f) a statement by you, made under penalty of perjury, that the above
information in your Notice is accurate and that you are the copyright owner or
authorized to act on the copyright owner's behalf.
Read Modern Slavery Statement Act
ADDITIONAL TERMS AND CONDITIONS FOR USE & ACCESS TO PFAROE
1. You have agreed to use and requested access to the “Pfaroe” software produced
by a third party, Risk First Limited (“Software”) as part of the services we
provide to you. As the Software is developed, hosted, and/or maintained by a
third party (“Third Party Developer”), you agree that the following additional
terms shall apply. Our services to you shall remain as defined in our contract
with you and which terms and conditions shall continue to be legally binding on
both parties and in full force and effect, in addition to these additional
terms. For the avoidance of doubt, if the Software is not used to provide
services to you, these terms below shall not apply to you.
1.1. You consent to the use of the Software by us.
1.2. We warrant that we have a licence to use the Software and that the services
we provide to you by using the Software will be in accordance with the terms of
our licence.
1.3. You shall not disclose or share your access to the Software with any third
party.
1.4. We do not warrant that:
1.4.1. the operation of the Software will be uninterrupted or error free;
1.4.2. the Software is suitable in any specific situation or for any specific
application unless we otherwise confirm as such in writing to you; or
1.4.3. the functions or facilities of the Software we are licenced to use cover
all the functionalities of the Software that you might wish to access; or
1.4.4. the functions or facilities of the Software will meet all of your
requirements.
1.5. In the absence of fraud or dishonesty, we shall have no liability for
losses which relate to or arise from:
1.5.1 any errors, omissions or delays caused by the Software;
1.5.2 any incorrect use of the Software by you, your agents, subcontractors or
other service providers;
1.5.3 any incorrect use of the Software by Third Party Developer, its officers,
employees or subcontractors;
1.5.4 your use of the Software without our involvement or any reliance you place
on the Software or its outputs without our advice;
1.5.5 any security or data breaches which relate to or arise from any use or
manipulation of the Software by you, your staff, your agents, subcontractors or
other service providers;
1.5.6 Third Party Developer:
1.5.6.1 terminating its licence with you or us for any reason other than due to
a breach by us of the terms of our licence;
1.5.6.2 breaching the terms of its licence to us; or
1.5.6.3 taking any action in connection with entering administration,
provisional liquidation or any composition or arrangement with its creditors,
being wound up, having a receiver appointed to any of its assets or ceasing to
carry on business.
1.6. In the event that you, your staff, agents or contractors access the
Software by using our licence to the Software, you shall comply with all
reasonable requests and requirements we make in order to comply with the terms
of our licence with Third Party Developer.
1.7. In the event we determine that the outputs from the Software do not provide
adequate information required for statutory valuation disclosures or other
regulatory requirements, we may need to use additional Mercer tools or services
to complete the services, which may result in additional fees being incurred by
you, which would be agreed with you in advance.
1.8. The use of any other Software developed, licenced or otherwise provided by
a Third Party Developer, in addition to updates or modifications to existing
Software, will also be governed by these terms and conditions in addition to the
other terms of our engagement letter or contract with you.
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