The following terms and conditions of use (the “Terms and Conditions”) apply to your use of the MercHome®, LLC website at www.merchome.com (the “Website”). The terms “you” and “your” refer to the user/customer using the Website to browse and/or purchase product or service offerings. The terms “we”, “us” and “our” refer to MercHome, LLC. By using the Website, you agree to be bound by these Terms and Conditions. You must be at least 18 years of age to use this Website and must use this Website for personal, non-commercial purposes. We may make changes to the Website and these Terms and Conditions at any time without prior notice. On each occasion you use the Website, you should visit and review the applicable Terms and Conditions.
Disclaimer and Limitation of Liability
BY USING THE WEBSITE, YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK. WE PROVIDE THIS WEBSITE AND ITS CONTENTS ON AN “AS IS, WHERE IS” BASIS AND MAKE NO WARRANTY OR REPRESENTATION (I) THAT YOUR USE OF THE WEBSITE WILL BE ERROR FREE OR UNINTERRUPTED, (II) REGARDING ANY PRODUCT OR SERVICE OFFERING, EITHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, WHICH ARE HEREBY EXPRESSLY DISCLAIMED, AND (III) REGARDING THE ACCURACY, INTEGRITY OR COMPLETENESS OF THE CONTENT ON THIS WEBSITE. IN NO EVENT WILL WE OR OUR OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE DAMAGES OR OTHER SPECIAL DAMAGES IN CONNECTION WITH YOUR USE OF THE WEBSITE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, LOSS OF PROFIT, AND LOSS OF USE, HOWEVER CAUSED. THIS LIMITATION OF LIABILITY APPLIES REGARDLESS OF THE FORM OF ACTION, WHETHER IN ONTRACT, TORT OR ANY OTHER CLAIM, EVEN IF WE HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT YOU ARE DISSATISFIED WITH THIS WEBSITE AND/OR THESE TERMS AND CONDITIONS, YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY IS TO CEASE USE OF THE WEBSITE.
Relationship with Service Providers
The products and service offerings available on the Website are offered by the applicable service provider and any and all of your purchases are made through the applicable service provider, not through us. To the extent you purchase a product or service offering, you will enter into an agreement directly with the applicable service provider. Although we may assist you in transacting with service providers, products and service offerings, and communications regarding your purchase of same, are the sole responsibility of the provider of those items. IN NO EVENT WILL WE BE LIABLE OR RESPONSIBLE FOR THE PERFORMANCE OF ANY SERVICE PROVIDER, INCLUDING, WITHOUT LIMITATION, FOR ANY DAMAGES, LIABILITIES, COSTS OR EXPENSES ARISING FROM OR IN CONNECTION WITH THE ACTS, OMISSIONS, OR DELAYS OF ANY SERVICE PROVIDER WHOSE PRODUCTS OR SERVICES ARE OFFERED THROUGH THE WEBSITE.
Prices, Promotions, and Availability
All Prices, Promotions, and Availability of products and services are subject to qualification and may change without notice. Terms and conditions apply. Please contact us for full details. We reserve the right to revoke any offering and to correct any errors, inaccuracies or omissions, which may occur. You have no obligation to use this Website or to contract with the service providers whose services are offered on the Website. Service providers are not obligated to offer their products or services on the Website. We may not make available on the Website all service providers capable of offering products and services at your location.
Information You Submit
All communications and information you submit through the Website will be (i) your own, (ii) complete and accurate, and (iii) related to the subject matter of the Website. You will not submit any information or material that is false, vulgar, obscene, harassing, defaming, abusive or threatening, or otherwise constitutes unlawful language or material.
Intellectual Property and Use of Website
All content and software on this site is our property or that of our service providers and is protected by U.S. and international copyright laws. Website users may use the content and software on this Website as a shopping resource only and other use of the software and content on this Website is strictly prohibited. Tampering with the Website, misrepresenting the identity of a user, using buying agents or conducting fraudulent activities on the Website are prohibited. One or more patents apply to the features and functionality of this site, as well as software, services, and products offered by this company and/or available via this site, including without limitation U.S. Patent Nos. 8,346,624, 8,433,617.
Termination of Use
We may, in our sole discretion, suspend or terminate your use of the Website at any time.
When you opt in to the service, we will send you a SMS message to confirm your sign-up. You can get
the latest update on your order via text message or mobile short code. Message frequency may vary
depending on status updates and the number of orders you have placed.
You can cancel the SMS service at any time. Just send us a text saying “STOP”. After we receive your text, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again.
If at any time you need additional information, just send us a text saying “HELP”. After we receive your text, we will respond with instructions on how to use our service as well as how to unsubscribe.
We are able to deliver messages to compatible mobile phone carriers, which include the following: AT&T, Sprint, T-Mobile®, Verizon Wireless, Boost, Cricket, MetroPCS, U.S. Cellular, Virgin Mobile, ACS Wireless, Appalachian Wireless, Bluegrass Cellular, Breakaway Wireless, Cabelvision (Optimum Mobile), Carolina West Wireless, Cellcom, Cellular One of East Central Illinois, Centennial Wireless, Chariton Valley Cellular, Chat Mobility (Hawkeye), Cincinnati Bell Wireless, Coral Wireless, Cox Mobility, Cross/ Sprocket, C-Spire Wireless (formerly Cellsouth), CTC Telecom, DTC Wireless (Advantage Cellular), Duet IP (AKA Max/Benton/Albany), Element Mobile, Epic Touch, GCI Communications, Golden State, Illinois Valley Cellular, Immix (Keystone Wireless/ PC Management), Inland Cellular, iWireless, Leaco, Mobi PCS, Mosaic, MTPCS/ Cellular One (Cellone Nation), Nemont, Nex-Tech Wireless, nTelos, NW Missouri Cellular (Hawkeye), Panhandle Telecommunications, Peoples Wireless, Pioneer, Pine Cellular, Plateau, Revol, Rina – Custer, Rina – All West, Rina – Cambridge Telecom Coop, Rina – Eagle Valley Comm, Rina – Farmers Mutual Telephone Co, Rina – Nucla Nutria Telephone Co, Rina – Silver Star, Rina – Syringa, Rina – UBET, Rina – Manti, Rural Cellular Corporation, SI Wireless, Simmetry, SouthernLINC, SRT, Strata Networks, Thumb Cellular, Union Wireless, United, Viaero Wireless, and West Central Wireless. T-mobile is not liable for delayed or undelivered messages.
As always, message and data rates may apply for any messages sent to you from us and to us from you. You will receive messages until the survey is complete. If you have any questions about your text plan or data plan, it is best to contact your wireless provider. For all questions about the services provided by this short code, you can send an email to firstname.lastname@example.org.
You agree that these Terms and Condition are governed by Wyoming law. You hereby consent to the exclusive jurisdiction and venue of the courts and other dispute resolution forums in Sheridan County, Wyoming in all disputes arising out of, relating to, or concerning these Terms and Conditions or the Website. Your use of this Website is unauthorized in any jurisdiction that does not give full effect to all provisions of these Terms and Conditions, including, without limitation, the warranty disclaimers and liability exclusions above as well as this paragraph. For the avoidance of doubt, your use of the Website is unauthorized in any jurisdiction where all or any portion of the Terms and Conditions and/or the Website may violate any legal requirements and you agree not to access this Website in any such jurisdiction. If any part of these Terms and Conditions is found to be unenforceable, the remainder will remain in full force and effect. You agree that no joint venture, partnership, employment or agency relationship exists between you and us due to the Terms and Conditions or your use of the Website. These Terms and Conditions constitute the entire agreement between you and us in connection with the Website. These Terms and Conditions supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us in connection with the Website. No modification of these Terms and Conditions will be effective unless authorized by us. Any alleged waiver of any breach of these Terms and Conditions will not be deemed to be a waiver of any future breach.