Our terms & condition.
Last Revised: January 13, 2019
Please read these Terms carefully and print a copy for your records.
MERCO Bank may, in its sole discretion, amend these Terms at any time. Notice of such changes will be posted on the Site. Your continued use of a Site following posted notice of such changes will mean you accept any such modification. If you do not agree to any of the changes, you must (as your sole remedy) immediately stop using the Site. Any attempt by you to modify these Terms is void.
The following are examples of prohibited uses of the Site:
We may withdraw permission to use the Site at any time, for any reason, including but not limited to your violation of these Terms. In addition to terminating your access, MERCO Bank reserves all legal rights and remedies in response to a violation of these Terms.
The Site and its content are protected by copyright, trademark, trade dress and other intellectual property rights. You may use the Site consistently with our rights. You may not reproduce or reuse our content for commercial purposes or otherwise except incidentally to your use of the Site.
Our trademarks or service marks include, without limitation, the following: MERCO Bank, MERCO Bank Personal Finance, and the MERCO Bank logo. Any content copied, downloaded or printed from the Site must retain all copyright, trademark and other notices of proprietary rights. The MERCO Bank logos, and other trademarks, service marks, labels, product names and service names (collectively, the “Marks”) are owned or licensed by MERCO Bank. You may not copy, display or otherwise use any of the Marks (except incidentally to your use of the Service) without the prior written permission of MERCO Bank. Notwithstanding the foregoing, the Marks may not be used in any manner likely to cause confusion, disparage or dilute these marks and/or in connection with any product or service that is not authorized or sponsored by MERCO Bank.
The entire Site, and all content including without limitation look-and-feel, text, graphics, multimedia content, images, illustrations, audio and video clips, html and other mark up languages, and all scripts within the Site associated therewith, except for user-posted Content and Third Party Content used by permission, are copyright 2003-2020, MERCO Bank All rights reserved.
We will comply with all applicable laws respecting copyright. If you believe your copyright in a work has been infringed on one of our Site, please contact us for notice of claims of copyright violation:
MERCO Bank 2801 Florida Avenue, Suite 18, FL 33133
You must provide our agent with all of the following information in writing:
You agree to receive exclusively via email, to the address last provided by you to MERCO Bank, any notice that we are required to send to you. You will keep your contact information current and promptly notify MERCO Bank if you discover any unauthorized use of your information.
You represent that any personal information you provide through the Site is true and correct; and that, if you act on behalf of a corporation, company or other legal or de facto entity, you have authority to bind that entity.
You agree to defend, indemnify and hold harmless MERCO Bank and its officers, directors, employees, contractors and affiliates from and against any and all claims, damages, costs, and expenses (collectively “Claims”), including without limitation claims based upon the alleged negligence of MERCO Bank, arising from or related in any way to (1) your use of the Site, the materials it contains, and any sites linked to it; or (2) your breach of any representation, warranty, or material provision of these Terms.
MERCO Bank WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, OR THE COST OF GETTING SUBSTITUTE GOODS OR SERVICES, OR THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE OR NON-PERFORMANCE OF ANY THIRD-PARTY ACCOUNT, EVEN IF MERCO Bank HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, RESULTING FROM (I) YOUR USE OR THE INABILITY TO USE THE SITE; (II) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (III) ANY OTHER MATTER RELATING TO THE SITES OR SERVICES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE THE PROVISIONS OF SECTION 1542 OF THE CALIFORNIA CIVIL CODE, WHICH STATES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR, AND ANY OTHER MUNICIPAL, LOCAL, STATE, OR FEDERAL LAW, COMMON OR STATUTORY, WHICH MAY HAVE ARISEN, OR WHICH MAY ARISE, PRIOR TO, OR AT THE TIME OF, THE EXECUTION OF THIS AGREEMENT.”
If you are dissatisfied with the Site, or any of the information contained therein, or if you refuse to abide by these Terms, your sole and exclusive remedy is to discontinue your use. You further agree not to join in any lawsuit with another person or serve as a class representative of any class action lawsuit against MERCO Bank arising out of the use of the Site. Some jurisdictions do not allow the limitation of liability or of indirect damages, so the foregoing limitations may not apply to you. In such cases, our liability is limited to the fullest extent permitted by applicable law.
These Terms constitute the entire agreement between you and us with respect to their subject matter. MERCO Bank or its affiliates may offer other sites and services with different terms. In the event of any conflict between these Terms and another written agreement between you and MERCO Bank, these Terms will be controlling as to your use of the Site.
If any provision of these Terms is deemed unlawful, void, voidable or unenforceable for any reason, then that provision will be deemed severable from these Terms and will not affect the validity or enforceability of any remaining provisions.
These Terms will be governed by and construed in accordance with the laws of the State of Florida, without giving effect to its rules respecting the conflicts of laws.
This contract is deemed made and is fully performable in Miami Dade County, Florida. Any litigation between the parties may be brought only in the state or federal courts having subject matter jurisdiction in Miami Dade County, Florida. You hereby irrevocably and unconditionally consent to the jurisdiction of any such court and waive any defense of an inconvenient forum to the maintenance of any action or proceeding in any such court, objection to venue with respect to any such action or proceeding, and objection to jurisdiction based on your place of residence or domicile.
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