IMPORTANT – THIS IS A LEGALLY BINDING CONTRACT – PLEASE READ CAREFULLY BEFORE USING THE MERCER MATCH APP, ANY RELATED WEB SITES OR ANY OF THE MERCER MATCH FUNCTIONALITY, CONTENT OR RELATED SERVICES.
Thank you for your interest in our MERCER MATCH product for prospective job candidates. Mercer Match is offered by Mercer (US) Inc.("Mercer", "we", "our", or "us").
- the Mercer Match product for prospective job candidates, including any games, functionality and any other services or content included in it ("Mercer Match"), whether offered through:
- the Mercer Match app (the "App"); or
- the Mercer Match web site and, as applicable from time to time, other web sites or platforms, or portions thereof, that are under Mercer's control and contain information and other content about Mercer Match (when we refer to such web sites and platforms, excluding the Mercer Match product or service itself accessed through such web sites and platforms, the “Site”); and
(Mercer Match, the App, the Site and the related software, functionality and other services and content collectively, the "Services").
Any updates, new releases and other distributed modifications of the above are also governed as "Services" under this Agreement.
THIS AGREEMENT IS INTENDED FOR USE OF THE SERVICES BY INDIVIDUALS IN THEIR CAPACITY AS JOB CANDIDATES ONLY. IF YOU ARE SEEKING TO USE THE SERVICES AS OR FOR AN EMPLOYER, PLEASE CONTACT INFO@MERCERMATCH.COM. ANY OTHER USES ARE PROHIBITED.
PLEASE READ THIS AGREEMENT CAREFULLY BECAUSE THE TERMS ARE BINDING UPON YOU AS A LEGALLY ENFORCEABLE CONTRACT. BY EITHER CLICKING "I AGREE," OR “CONTINUE,” OR BY ACCESSING, BROWSING OR USING ANY OF THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THIS AGREEMENT AND AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT UNDERSTAND OR DO NOT AGREE TO THIS AGREEMENT, THEN DO NOT INDICATE ACCEPTANCE OF THE AGREEMENT, AND DO NOT ACCESS, BROWSE OR USE THE APP, THE SITE, ANY CONTENT THEREIN OR ANY OTHER PART OF THE SERVICES.
Certain Additional Terms; Optional and Additional Services
Certain of the Services may be subject to additional terms and conditions or superseded by expressly designated legal notices or terms specified for a particular Service, or component(s) of a Service.
We may also, from time to time, offer optional or additional functionality, content or other services as part of the Services, which may have additional or different terms and conditions that apply to such functionality, content or other services. You acknowledge that by either clicking "I agree," or “Continue,” where such option is made available, or by accessing, browsing, or using those specific Services or specified components of the Services, you have read, understood, and accepted such additional or different terms and conditions. Such additional or different Service-specific terms and conditions are hereby deemed incorporated by reference into this Agreement. Such terms and conditions will govern with respect to the specific Service to the extent of any conflict between this Agreement and such other terms and conditions.
Changes to this Agreement
Responsibility to Check Agreement Terms Regularly
Must Be at Least 16 Years Old. The Services are intended for use only by adults and minors at least 16 years of age. You must be at least 16 years of age, and possess the legal authority to form legally binding contracts under applicable law in order to use the Services. If you are not at least 18 years of age, or the age of majority in your jurisdiction of residence (whichever is greater), and are not an emancipated minor, then you hereby represent and warrant to Mercer that you are at least 16 years old and that your parent or legal guardian has reviewed this Agreement and consents to your use of the Services on these terms and conditions.
Technical Requirements. Mercer Match is intended to operate via the App or through the Site, as applicable, on computers and devices that have the technical capabilities for Mercer Match to work appropriately. You are responsible for obtaining and maintaining hardware, software and services, including Internet, telephone and/or mobile access services, and operating system, browser and security software, necessary to access, browse, download and use the Services as intended, as well as for ensuring that you are up to date on all security and other operational software patches and updates
Use and Validity of E-Mail Notices and Communications
By providing your e-mail address to Mercer, you agree that Mercer may provide, and that you will accept and receive, all required notices related to the Services and this Agreement, including legal notices, from Mercer electronically, to the most current e-mail address that you have provided to us as your contact e-mail address. Notwithstanding the foregoing, Mercer may in its sole discretion from time to time elect to provide required notices or other communications to you by other means that Mercer deems appropriate.
Any legal notices by you to Mercer relating to this Agreement should be sent by you to Mercer by e-mail to the following address: email@example.com.
You hereby also consent to periodic newsletters and other types of email communications from us, including customer service issues, new product offers and other matters, provided that you may choose to opt out of marketing and general information newsletter and announcement email correspondence by clicking the appropriate box provided on the applicable page or screen or by contacting us at firstname.lastname@example.org. However, we reserve the right to email you at any time regarding issues related to your account and your use of the Services.
The security of Internet communications cannot be fully guaranteed. Therefore, while we use commercially reasonable efforts with respect to security of our Services, there is no way to guarantee security. In addition, we do not control Internet communications. Therefore, we do not accept liability or responsibility for email or other electronic communications that fail to be delivered, are lost, corrupted or otherwise not received or unintelligible, or that are intercepted.
Registration; Your Account and Security Obligations
Establishment of Account. You are required to register with Mercer in order to use Mercer Match. Upon registration (including agreement to the terms and conditions of this Agreement), you will have an account (your "Account") and you will have access to certain Services through your Account. You acknowledge that certain specific Services may require additional registration information in order to access and use them. You agree that you will maintain only one account on Mercer Match.
Registration and Profile Information. In order for us to effectively provide you with the Services, you are required to provide us with accurate, complete and current registration information, and to update such information as necessary to maintain it (including your email address) accurate, complete and up to date. In addition, your user profile information must be maintained in accurate, complete and up to date form.
User IDs. You will be asked to select a unique user ID for your use of the Services. You may not select any user ID that violates the rights of others, is obscene or otherwise offensive, or otherwise inappropriate, as determined by us. We reserve the right, but not the obligation, to review any chosen user IDs, and reserve the right to refuse registration of, or to cancel, any user ID at any time, in our sole discretion.
Responsibility for Passwords and Use of Account. You will also be required to maintain a password for your Account. You are solely responsible for the security of your password(s) and any other security information for your access to and use of the Services, as well as solely responsible for any and all actions taken in or through your account. Your security obligation includes responsibility for maintaining the security of your mobile device, computer and other components of your hardware and software operating environment to prevent viruses, spyware, phishing tactics or other malicious software or techniques from stealing or otherwise compromising your password information or data. Mercer bears no responsibility for unauthorized access to your account as a result of your failure to follow appropriate security precautions. If you become aware of any unauthorized access to your Services account, theft or loss of your password, you agree to contact Mercer immediately by e-mail at email@example.com and provide reasonably required information and assistance.
No Ownership Rights in Your Account. You acknowledge and agree that you have no ownership rights in your Account. In the event that you cancel your Account or we terminate or suspend your Account, your Account information may be deleted from our systems without notice, except as required by applicable law, our record-keeping requirements and as contemplated by this Agreement (including our continued use of such Account information in anonymized or aggregate form as contemplated by this Agreement).
Use of the Services
End User License Terms for the App. The App and any other software provided for the Services is provided to you on the terms and conditions of the End User License Terms attached hereto, and otherwise on the other terms and conditions of this Agreement.
Content License. To the extent that any Content may be permitted to be downloaded by you from the Services, you are hereby granted a limited right to download and print a single copy of such Content solely for your personal, non-commercial use in connection with exploring and pursuing job opportunities for you made available through the Services, in accordance with this Agreement. This right is granted to you on a non-exclusive, non-sublicensable and non-transferable basis. Certain content may be subject to additional terms and conditions.
Services Availability and Termination. You acknowledge and agree that Mercer may add to, remove or otherwise modify the Services, including the App, the Site, the Games and any of the Content, in whole or in part, up to and including completely withdrawing the Services or any part thereof from the market, and to limit the volume or availability (geographically, temporally or otherwise) of any of the Services, either generally or specifically for any User, at any time with or without notice. In such case, Mercer will make reasonable commercial efforts to provide notice of any such discontinuation to you. You agree that Mercer shall not be liable to you or any third party for any termination of your access to the Services or for any modification, suspension, or discontinuation of the Services.
Game Input and Results. You acknowledge and agree that the games, quizzes and questionnaires that may be made available to you for identifying certain of your traits ("Games") are valuable property of Mercer and its licensors that is protected by copyright and other intellectual property laws. You may access and make use of the Games solely for your personal end use, in accordance with the above "Permitted Use of the Services" and other terms and conditions of this Agreement. You agree to use the results of any evaluations we generate for you from the Games (your "Game Results") solely in connection with your career and job opportunities and to share your Game Results solely with friends, family and personal advisors, as well as share them with prospective employers solely through Mercer Match. You acknowledge and agree that we may share your Game Results with Employers, subject to the privacy controls we make available on Mercer Match, and that we may use your Game Results, as specified in and subject to the Privacy Notice.
Job and User Content. You acknowledge that (1) Employers may make information and other content about job opportunities ("Job Content") available through the Service and (2) Employers, Candidates and other third parties may make available other information and other content through the Services, including through the Communications Tools (such Job Content and other Content posted by Employers and Candidates, "User Content"). You further acknowledge and agree that Mercer does not verify or otherwise check the accuracy, validity or any other aspect of any information or other Content that may be posted by Employers, Candidates or any other third parties on or through the Services. All such User Content and other third-party Content is provided by Mercer on an AS IS, WHERE IS basis, with all faults and with all representations and warranties by Mercer hereby disclaimed. It is your responsibility to evaluate any such User Content and other Content posted by any third parties on or through the Services, and your use of that Content is at your sole risk.
Mercer Trademarks. The MERCER MATCH brand, the MERCER name and brand, the names and brands of any of our products and services, the Mercer logo, and other trademarks, service marks, logos, domain names and other indicators of source or origin of Mercer (the "Mercer Trademarks") used and displayed on or in connection with the Services are registered and unregistered Trademarks of Mercer or an affiliate of Mercer. Nothing on or in connection with the Services shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on or in connection with the Services, without our express prior written permission, which we may provide in our sole discretion. Mercer prohibits the use of the Mercer name and any of the Mercer Trademarks as part of a link to or from any site unless approved in advance by Mercer in writing. You may not use any metatags or any other hidden text utilizing any Mercer Trademarks without our express prior written consent. Any other product and company names and trademarks associated with the Services remain the sole and exclusive property of their respective owners, and no rights to that property are granted you under this Agreement.
Restriction on Press and Publicity Statements. Without limiting the foregoing, you agree not to use Mercer’s or the Services' trademarks, including "MERCER", "MERCER MATCH" or any other branding that may appear on or in connection with the Services, or any Content or other intellectual property, in the press or any public communication and not to refer to Mercer or attribute any information to Mercer in the press or any public communication, for advertising or promotional purposes, or for the purpose of informing or influencing any other party, without Mercer’s prior written consent.
Content You Submit
You represent and warrant that you have the right to upload and grant the license granted above in this section with respect to Your Content. Mercer reserves the right, but not the obligation, to review, to refuse to post, and to remove at any time, any of Your Content, for any or no reason. Mercer shall not be liable for any deleted, lost or unauthorized modification of Your Content or any other Content in the Services – you should maintain back-up copies of any of Your Content uploaded into the Services. Please note that we do not control other users of the Services; therefore, once any of Your Content is distributed to any Users, such User may retain and use copies of Your Content even after your relationship with Mercer terminates.
Mercer Right to Use Feedback. While Mercer appreciates any feedback that you may provide to us about the Services, we are not soliciting creative ideas, inventions or new functionality, content or services, and you should not submit any to us, unless we specifically and directly ask you to do so. Mercer may freely use suggestions, ideas and other feedback you provide to us relating to the Services, including regarding defects and other issues, and for features, functionality, capabilities and technology to improve the Services ("Feedback"), without compensation to you. You agree that Mercer may use your Feedback in any way, including in future modifications of the Services, other products or services, advertising or marketing materials. You hereby grant Mercer a perpetual, worldwide, fully assignable and otherwise transferable (without notice or consent), sublicensable (through multiple tiers of sublicensees), irrevocable, non-terminable, fully paid-up and royalty-free license to any rights you may have in the Feedback to use, copy, modify, distribute, display, perform, transmit and otherwise exploit the Feedback for any and all purposes and through any and all ways and means, whether now known or hereafter created or discovered, without notice to or consent from you, and without payment of any additional consideration.
In addition, We may publicly post testimonials and other Feedback we receive from you. If you wish to have your testimonial removed, you can contact us as at firstname.lastname@example.org.
Mercer Liability Regarding Job Opportunities and User Content
No Screening or Other Verification by Mercer. Mercer generally does not verify or otherwise screen or validate (a) any job opportunities, related information or other User Content posted by Employers or (b) any profiles, resumes or other User Content posted by Candidates. This includes any information regarding the existence, characteristics and terms and conditions of employment for any job opportunities listed by Employers, or the identity, qualifications or other profile information or other User Content posted by Candidates. In addition, Mercer does not get involved in, or control, any interactions and any resulting transactions between Employers and Candidates. Mercer makes no endorsement or approval, and assumes no obligations, with respect to any job opportunities, Employers or Candidates. While Mercer reserves the right to remove any User Content, it expressly undertakes no obligation to do so, and hereby disclaims, to the maximum extent permitted by law, any liability for failing to do so. You assume all risks associated with all Users with whom you may come into contact with in connection with the Services, and all User Content you may access on or through the Services.
Release of Mercer from User-against-User Claims. IN THE EVENT OF ANY DISPUTE BETWEEN YOU AND ANY OTHER USER, THEN TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU HEREBY PERPETUALLY AND IRREVOCABLY RELEASE, AND WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION THAT YOU MAY HAVE AGAINST, MERCER (INCLUDING ITS AFFILIATES) AND THEIR PROVIDERS (AS DEFINED IN THE "USE OF THE SERVICES" SECTION), AND ALL DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS OF THE MERCER AND ITS PROVIDERS, FROM ANY AND ALL LIABILITY FOR CLAIMS, DEMANDS, DAMAGES (ACTUAL, INDIRECT, LOST PROFIT, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), COSTS AND EXPENSES (INCLUDING LITIGATION AND OTHER DISPUTE RESOLUTION COSTS AND ATTORNEYS’ FEES) OF EVERY KIND AND NATURE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTE.
IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE § 1542, 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.
Code of Conduct
Obligation to Abide by Our Code of Conduct. We seek to provide a welcoming, friendly and positive experience for all users of Mercer Match. In order to help us achieve that goal, you agree to abide by our Code of Conduct at all times in connection with your access, browsing, downloading and use of the Services, including any Content.
Mercer Right But No Obligation to Monitor Usage. Mercer reserves the right, but has no obligation, to monitor usage by you (in terms of volume, frequency, contents of postings, or otherwise) or by any other persons of the Services. In case of unauthorized use of the Services by you, Mercer reserves the right to deny you access to the Services, with or without advanced notice, including by blocking, without prior notification, the IP address(es) that you use to access the Services, which right is without limitation on our general right to suspend or terminate, in accordance with this Agreement, your access to and use of Mercer Match for violations of this Agreement.
Mercer Not A Legal or Personal Advisor
The Services are provided for your informational purposes only. NEITHER MERCER NOR THE SERVICES PROVIDE LEGAL, CAREER, EMPLOYMENT OR ANY OTHER ADVICE, RECOMMENDATION, REPRESENTATION, OR ARRANGEMENT. MERCER IS NOT A LEGAL, CAREER OR EMPLOYMENT ADVISOR. Your use of the Services does not create a relationship with Mercer as a job counselor or otherwise. The Services are intended only to provide tools in the overall job search process and information to assist you and potential employers in your own independent research and you in your career decisions, using your judgment. The Services are broad in scope. Your personal situation is unique, and any information obtained through the Services may or may not be appropriate for your situation.
Use of Mobile Devices
If you are accessing the Services through a mobile device, you agree that information about your mobile access may be disclosed to us, including information about your mobile access carrier and your mobile device. You acknowledge and agree that you are responsible for all charges and all permissions necessary to access the Services through your mobile device carrier and on your mobile device.
Payment Terms and Refunds
Payment for such Services will be via credit card or other payment mechanism that Mercer may choose to make available. If by credit card, you may make purchases using a valid credit card under your name or that you are authorized to use for such purpose, through a third-party payment processor to process the payment and remit it to us; we do not receive credit card information from you.
Disclaimer of Warranties
YOU ACKNOWLEDGE THAT WHILE MERCER SEEKS TO PROVIDE THE SERVICES IN A QUALITY MANNER, WE CANNOT GUARANTEE THAT ANY OF THE SERVICES ARE FREE FROM INACCURACIES OR ERRORS, OR COMPLETE IN ALL RESPECTS. YOU AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE PROVIDE THE SERVICES TO YOU AT YOUR SOLE RISK, ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS, AND WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING AS TO THE OPERATION OF THE SERVICES; THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE GAMES AND OTHER CONTENT PROVIDED ON OR THROUGH THE SERVICES; OR OTHERWISE. WE SPECIFICALLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY REPRESENTATION OR WARRANTY:
(A) THAT THE SERVICES OR ANY PART THEREOF (1) ARE FIT FOR A PARTICULAR PURPOSE OR AS TO TITLE, MERCHANTABILITY, DATA LOSS, UPTIME OR CONTINUITY OF THE SERVICES, (2) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT ERRORS FOUND WILL BE CORRECTED, OR (3) WILL BE FREE FROM INTERFERENCE WITH OR INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS, OR
(B) AS TO THE ACCURACY, RELIABILITY, QUALITY OR CONTENT IN OR LINKED TO OR FROM THE SERVICES.
IF APPLICABLE LOCAL LAW REQUIRES THAT THE EXCLUSIONS FOR IMPLIED WARRANTIES DO NOT APPLY TO YOU IN YOUR JURISDICTION, ANY IMPLIED WARRANTIES ARE LIMITED TO 60 DAYS FROM THE DATE OF PURCHASE OR DELIVERY OF THE SERVICES, WHICHEVER IS SOONER. MERCER AND ITS AFFILIATES AND ITS AND THEIR PROVIDERS DISCLAIM ANY REPRESENTATIONS AND WARRANTIES THAT YOUR USE OF THE SITE WILL SATISFY OR ENSURE COMPLIANCE WITH ANY LEGAL OBLIGATIONS OR LAWS OR REGULATIONS.
YOU AGREE THAT MERCER SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA AND OTHER CONTENT, ANY DATA OR OTHER CONTENT SENT OR RECEIVED OR NOT SENT OR RECEIVED (INCLUDING ANY LOST, CORRUPTED OR OTHERWISE ALTERED DATA OR OTHER CONTENT), OR ANY TRANSACTIONS ENTERED INTO THROUGH OR FACILITATED BY THE SERVICES. YOU AGREE THAT MERCER IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OFFENSIVE, OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS.
MERCER DOES NOT WARRANT THAT THE SERVICES, ITS SERVERS, OR E-MAIL SENT IN CONNECTION WITH THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU DOWNLOAD ANY MATERIAL THROUGH THE USE OF THE SERVICE AT YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR MOBILE DEVICE, COMPUTER SYSTEM OR OTHER EQUIPMENT OR LOSS OF DATA OR OTHER CONTENT THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MERCER OR THROUGH OR FROM THE SERVICES, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LIMIT OF MERCER’S AND ITS AFFILIATES', AND ITS AND THEIR PROVIDERS' LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY AND ALL CLAIMS CONCERNING YOUR USE OF THE SERVICES SHALL NOT, IN THE AGGREGATE, EXCEED THE GREATER OF THE FEES PAID BY YOU TO MERCER DURING A CALENDAR YEAR FOR ACCESS TO AND USE OF THE SERVICES, OR US$50.00 (FIFTY U.S. DOLLARS). MERCER, ITS AFFILIATES AND ITS AND THEIR PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR ANY OTHER DAMAGES, OR ANY DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF MERCER OR ANY OF ITS AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, RESULTING FROM OR IN ANY WAY CONNECTED WITH THIS AGREEMENT OR YOUR ACCESS TO, BROWSING OR USE OF ANY OF THE SERVICES, INCLUDING, WITHOUT LIMITATION:
(A) THE USE OR THE INABILITY TO USE, ANY DELAY IN, OR ACCESS TO ANY OF THE SERVICES;
(B) THE COST OF PROCURING SUBSTITUTE SERVICES RESULTING FROM ANY DATA, INFORMATION, OR SERVICES OBTAINED, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM, THE SERVICES;
(C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA OR OTHER CONTENT;
(D) STATEMENTS, CONTENT OR CONDUCT OF ANY USER OR OTHER THIRD PARTY ON THE SERVICES;
(E) ANY AND ALL DAMAGES RELATING TO FAILURES OF TELECOMMUNICATIONS, THE INTERNET, ELECTRONIC COMMUNICATIONS; CORRUPTION, SECURITY, LOSS OR THEFT OF DATA, VIRUSES, SPYWARE, OR USE OF SOFTWARE OR HARDWARE THAT DOES NOT MEET SYSTEMS REQUIREMENTS OF MERCER AND ITS AFFILIATES; OR
(F) ANY OTHER MATTER RELATING TO THE SERVICE OR THIS AGREEMENT, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE.
YOU ACKNOWLEDGE THAT NO DEFENSE OR INDEMNITY OF ANY KIND IS PROVIDED HEREUNDER BY MERCER (OR ANY OF ITS AFFILIATES THAT MAY BE INVOLVED WITH THE SERVICES) WITH RESPECT TO ANY CLAIM, DEMAND, CAUSE OF ACTION, COST, LOSS, DAMAGE, EXPENSE OR LIABILITY ARISING FROM OR BASED ON YOUR OR ANY THIRD PARTY’S USE OF OR INABILITY TO USE THE SERVICES (INCLUDING ANY OUTPUT OR OTHER CONTENT OBTAINED ON OR THROUGH THE SERVICES).
THIS AGREEMENT SETS FORTH THE ENTIRE OBLIGATION AND LIABILITY OF MERCER (AND ANY OF ITS AFFILIATES THAT MAY BE INVOLVED WITH THE SERVICES) AND THE PROVIDERS AS WELL AS YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE SERVICES AND ITS USE.
YOUR AGREEMENT TO THESE PROVISIONS AND LIMITATIONS IS A MATERIAL INDUCEMENT TO MERCER TO ENTER INTO THIS AGREEMENT WITH YOU AND PROVIDE YOU ACCESS TO THE SERVICES AND OTHER OFFERINGS PROVIDED BY MERCER. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THIS AGREEMENT IS INTENDED TO BE ENFORCED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
Export/Import Restrictions and Tariffs
The Services may not be available through Mercer to any Restricted Entity. You shall not provide access to the Services to anyone for use in any country or used in any manner prohibited by the United States or European Union trade sanctions or export control laws, including the Export Administration Act or laws administered by the U.S. Department of the Treasury’s Office of Foreign Assets Control. Furthermore, you will comply with any trade sanctions and export and import control laws of the countries and jurisdictions where you access and use the Services or receives copies of any technical information or other materials. You agree to indemnify, defend Mercer and hold Mercer harmless from any fines or other penalties arising from a violation of this section. For the purpose of this section, “Restricted Entity” shall mean any individual, organization or other entity owned or controlled by, or acting as an agent for, any person or entity who is the subject of an asset freeze or otherwise designated under United Nations Security Council Resolutions, or the trade sanctions laws of the U.S. or the EU, or other governments of jurisdictions in which you are based or operated and from which the Services may be accessed.
Termination by You. Except for any Services for which you may sign up for a specified period of time, you may terminate the Services at any time for any or no reason via written notification by emailing us at email@example.com. Any fees paid or accrued hereunder in the event of your termination at will are non-refundable.
Termination by Us. You acknowledge that Mercer is undertaking no obligation to provide any particular Services, or a commitment to provide the Services for any particular period of time or in any given manner. You agree that Mercer, in its sole discretion, may terminate your password, Account (or any part thereof), or access to or use of the Services or any portion thereof, and remove any content within the Services, at any time and for any reason, including, without limitation, if Mercer believes that you have violated or acted inconsistently with this Agreement. If we elect to suspend or terminate your Account or the Services generally, for reasons other than due to our good faith belief that you have violated this Agreement, we will use commercially reasonable efforts to provide you notice of such termination.
If you have paid for use of any Services that includes rights to the Services for a period of time that remains unexpired, and you are not in breach of this Agreement, we will refund the pro rata portion of the fees paid for Services and not used.
Our Right to Suspend Services for Your Breach.
You agree that if we believe that you have violated this Agreement, we may suspend your Account at our discretion, as an alternative to, but without limiting, our right to terminate your Account. You acknowledge that we are not required to provide you notice before we suspend or terminate your Account.
Effect of Termination. Upon termination of your Account(s), your right to use the Services as provided in the Terms of Service will immediately cease. All provisions of the Agreement, which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnification obligations, personal advisor and medical disclaimer, limitations of liability and miscellaneous.
Links to Other Services and Sites
The Services may contain links to other sites, apps or other services, other than the Services. The policies, terms and conditions governing such other services, which may be services owned or operated by third parties or by Mercer or its affiliates (other than Mercer Match), may and likely will be different from this Agreement. Those third parties' other policies, terms and conditions will govern the use of information you provide to them (or if other Mercer sites, apps or services, then our terms and conditions with respect to those sites, apps and services). We encourage you to be aware when you leave the Services and to read the policies, terms and conditions of these other services. Mercer makes no representations or warranties or other assurances or commitments whatsoever about any third parties' sites, apps and other services that you may access through the Services. The access to other sites, apps and other services, through the Services do not imply that Mercer is affiliated with or otherwise endorses any third parties, that it is legally authorized to use any trademark, trade name, logo, or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo, or copyright symbol of Mercer. Mercer shall have no responsibility or liability for your access to or linking to a third-party site, app or other service. Any access provided through the Services to other sites, apps or other services of Mercer (including its affiliates) shall be governed solely by our terms and conditions for such other sites, apps and other services.
U.S. Based Services
The Services (including any Content) are currently controlled, operated, and administered by or on behalf of Mercer from locations within the United States of America, but they may be controlled, operated or administered by Mercer affiliates, or services providers or other contractors of the foregoing, around the world. You hereby consent to such activities around the world. Access to the Services from jurisdictions for which access to or use of the Services, or any of the Content, is illegal under U.S., local or other applicable law, is prohibited. If you access the Services from locations outside of the United States, you are responsible for compliance with all local laws. As set forth below, the Services and this Agreement are governed solely by U.S. law to the maximum extent permitted by applicable law; if you do not agree to be bound by U.S. law, do not use any of the Services, including any Content.
You hereby agree to indemnify, defend, and hold harmless Mercer, its Affiliates, and its and their employees, customers, suppliers, service providers and other contractors from and against all claims, demands, liabilities, costs, expenses, fines penalties and damages (including actual and consequential and attorneys’ fees), of every kind and nature whether known or unknown arising out of or relating to:
(a) your violation of any law or regulation;
(b) posting or use of any Content on, or use of, the Services by you or anyone through your Account in violation of this Agreement or in violation of any third parties' intellectual property or other rights;
(c) any other breach of this Agreement by you; or
(d) your use of the Services, unless caused by a breach of this Agreement by Mercer.
Requirement of Arbitration
BY REGISTERING FOR THE SERVICES OR ACCESSING , BROWSING OR USING ANY OF THE SERVICES, INCLUDING BY ACCESSING, BROWSING OR DOWNLOADING ANY CONTENT FROM THE SERVICES, YOU THEREBY AGREE WITH MERCER THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND MERCER WILL RESOLVE ANY ARBITRAL CLAIM (AS DEFINED BELOW) BY BINDING ARBITRATION THROUGH THE AMERICAN ARBITRATION ASSOCIATION IN NEW YORK CITY, NEW YORK.
AS USED IN THIS AGREEMENT, AN "ARBITRAL CLAIM" IS ANY CLAIM OR DISPUTE YOU HAVE AGAINST OR WITH MERCER OR MERCER INDEMNIFIED PARTIES, OR ANY CLAIM MERCER HAS AGAINST OR WITH YOU, ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE SERVICES OR ANY ADVERTISING RELATING TO THE SERVICES, INCLUDING THE ENFORCEABILITY OF THIS AGREEMENT TO ARBITRATE, BUT SPECIFICALLY EXCLUDING: CLAIMS BY MERCER TO ENFORCE ITS INTELLECTUAL PROPERTY RIGHTS AND/OR TO PREVENT OR REMEDY UNFAIR COMPETITION, MISAPPROPRIATION OF TRADE SECRETS, UNAUTHORIZED ACCESS, FRAUD OR COMPUTER FRAUD, AND/OR INDUSTRIAL ESPIONAGE.
THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION IS LIMITED. HOWEVER, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING INJUNCTIVE AND DECLARATORY RELIEF OR STATUTORY DAMAGES). BY REGISTERING FOR THE SERVICES OR ACCESSING , BROWSING OR USING ANY OF THE SERVICES, INCLUDING BY ACCESSING, BROWSING OR DOWNLOADING ANY CONTENT FROM THE SERVICES, YOU ALSO ARE AGREEING WITH MERCER THAT YOU AND MERCER HEREBY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVE THE RIGHT TO A JURY TRIAL FOR ANY ARBITRAL CLAIM. IF FOR ANY REASON THIS AGREEMENT TO ARBITRATE IS HELD NOT TO APPLY TO AN ARBITRAL CLAIM, WHETHER SUCH ARBITRAL CLAIM IS AGAINST YOU, MERCER OR A MERCER INDEMNIFIED PARTY, BOTH YOU AND MERCER STILL AGREE TO WAIVE TRIAL BY JURY FOR THAT ARBITRAL CLAIM.
BY REGISTERING FOR THE SERVICES OR ACCESSING, BROWSING OR USING ANY OF THE SERVICES, INCLUDING BY ACCESSING, BROWSING OR DOWNLOADING ANY CONTENT FROM THE SERVICES, YOU ARE FURTHER AGREEING WITH MERCER THAT NEITHER YOU NOR MERCER WILL JOIN ANY ARBITRAL CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY IN A LAWSUIT, ARBITRATION OR OTHER PROCEEDING; THAT NO ARBITRAL CLAIM WILL BE RESOLVED ON A CLASS-WIDE BASIS; AND THAT NEITHER YOU NOR MERCER WILL ASSERT AN ARBITRAL CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE.
Governing law; Jurisdiction. The laws of the State of New York, United States of America, govern this Agreement in all respects, without regard to the United Nations Convention on Contracts for the International Sale of Goods and any amendments thereto, the application of which is expressly excluded. Your conduct may be subject to other laws. Subject to the arbitration provisions for Arbitral Claims in the "Requirement of Arbitration" section above, you expressly agree that exclusive jurisdiction over any dispute arising from your use of the Services resides in the federal and state courts located in the borough of Manhattan, New York City, New York. You further agree and expressly consent to the exercise of personal jurisdiction in the State of New York in connection with any dispute or claim involving the Services. Use of the Services is unauthorized in any jurisdiction that does not give effect to all provisions of this Agreement and conditions, including this paragraph.
WAIVER OF TRIAL BY JURY. SUBJECT TO THE TO THE ARBITRATION PROVISIONS FOR ARBITRAL CLAIMS IN THE "REQUIREMENT OF ARBITRATION" SECTION ABOVE, YOU AND MERCER, TO THE FULLEST EXTENT PERMITTED BY LAW, KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVE THE RIGHT TO A TRIAL BY JURY IN ANY ACTION OR OTHER LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE ACCESS, USE AND INTERPRETATION OF THE SERVICES, INCLUDING ANY INFORMATION AND OTHER CONTENT ACCESSED, BROWSED OR USED ON OR THROUGH THE SERVICES. THE WAIVER APPLIES TO ANY ACTION OR LEGAL PROCEEDING, WHETHER SOUNDING IN CONTRACT, TORT OR OTHERWISE. YOU AGREE NOT TO INCLUDE ANY EMPLOYEE, OFFICER, DIRECTOR OR TRUSTEE OF MERCER AS A PARTY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM RELATING TO SUCH DISPUTE.
Severability. It is the intent of the parties that the provisions of this Agreement shall be enforced to the fullest extent permitted by applicable law. To the extent that the terms set forth in this Agreement or any word, phrase, clause or sentence is found to be illegal or unenforceable for any reason, such word, phrase, clause or sentence shall be modified deleted or interpreted in such a manner so as to afford the party for whose benefit it was intended the fullest benefit commensurate with making this Agreement as modified, enforceable and the balance of this Agreement shall not be affected thereby, the balance being construed as severable and independent.
Unforeseen Events. Neither Mercer nor you can predict delays or failures in performance under the Agreement resulting from events beyond their reasonable control. This, for example, includes 'acts of God', fire, flood, riots, new laws which prevent the carrying out of the Services, the results of terrorist activity, failures of third party suppliers and service providers, and interruption of Internet or telecommunication services, and other power failures. Should such circumstances arise, Mercer will use commercially reasonable efforts to continue to provide the Services, but may be unable to do so. In such a case, your sole remedy is to discontinue use of the Services and, if fees were paid by you for such Services, seek a refund for the affected time periods, according to the terms of this Agreement.
Injunctive Relief. You acknowledge that Mercer will be irreparably harmed if your obligations under this Agreement are not specifically enforced and that it would not have an adequate remedy at law in the event of an actual or threatened violation by you of your obligations. Therefore, you agree that Mercer will be entitled to an injunction or any appropriate decree of specific performance for any actual or threatened violations or breaches by you without the necessity of posting a bond, showing actual damages or that monetary damages would not afford an adequate remedy.
U.S. Government Restricted Rights. Government users will receive no greater than Restricted Rights as defined in FAR 52.227-19 [c] (1-2) (June 1987). Government users will received no greater Limited Rights as defined in FA 52.227-14 (June 1987) or DFAR 252.227-7015(b)(2) (November 1995), as applicable in any technical data at this site.
ENTIRE AGREEMENT. THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN YOU AND MERCER WITH RESPECT TO THE SERVICES, AND SUPERSEDES ANY AND ALL PRIOR PROPOSALS, UNDERSTANDINGS, REPRESENTATIONS AND/OR AGREEMENTS, WHETHER ORAL OR WRITTEN, AND ALL OTHER COMMUNICATIONS BETWEEN THE PARTIES REGARDING ITS SUBJECT MATTER.
TRANSFER/ASSIGNMENT. You may not pledge or otherwise encumber, nor assign, transfer or otherwise dispose of your access, or any of your rights or obligations under this Agreement, in whole or in part, to any other party, without Mercer’s prior written consent. Any purported assignment in violation of this paragraph will be void and constitute a material breach of this Agreement. Mercer may pledge or otherwise encumber, as well as assign, transfer or otherwise dispose of this Agreement to any affiliate of Mercer, and/or in connection with any merger, consolidation or sale or other transfer of all or substantially all of the assets to which this Agreement relates (and, for the avoidance of doubt, any subsequent assignees or successors shall have the same transfer rights to affiliates and successors and assignees). This Agreement is binding upon and shall inure to the benefit of all parties and their respective successors, heirs, executor, administrators, personal representatives and permitted assigns.
Third Party Beneficiaries. Neither this Agreement nor access and use of the information on the Services or the provision of the Services is intended to confer any right or benefit on any third party (other than the Providers and Mercer Affiliates as expressly provided herein).
Should you have questions regarding this Agreement, you may contact Mercer by writing to Mercer (US) Inc., 1166 Avenue of the Americas, New York, NY 10036 USA, Attention: Mercer Match.
End User License Terms for the App
- License Restrictions. You may not (a) copy the App, except for the one copy permitted above, (b) modify, translate, adapt or otherwise create derivative works or improvements, whether or not patentable, of the App; or (c) remove, delete, alter or obscure any trademarks or any copyright, trademark, patent or other intellectual property or proprietary rights notices from the App, including any copy thereof.
- Reservation of Rights. You acknowledge and agree that the App is provided under license, and not sold, to you, and that we own any copy you may make of the App. You do not acquire any ownership interest in the App under this Agreement, or any other rights thereto other than the express limited right to use them in accordance with the license granted, and subject to all terms and conditions of this Agreement. Mercer, its Affiliates and its and their licensors reserve and shall retain their entire right, title and interest in and to the App, including all copyrights, trademarks and other intellectual property rights therein or relating thereto, except for the limited license expressly granted to you in this Agreement.
- Updates. Mercer may, but is not obligated to, from time to time in its sole discretion develop and provide updates for the App, which may include upgrades, bug fixes, patches and other error corrections, and/or new features (collectively, including related documentation, "Updates"). Updates may also modify or delete in their entirety certain features and functionality. You agree that Mercer has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Mobile Device settings, when your Mobile Device is connected to the Internet either: (a) the App will automatically download and install all available Updates; or (b) you may receive notice of or be prompted to download and install available Updates. You shall promptly download and install all Updates and acknowledge and agree that the App or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the App, and be subject to all terms and conditions of this Agreement.
- Effect of License Termination. Upon termination of your license, all rights granted to you with respect to the App under this Agreement will also terminate; and you must cease all use of the App and delete all copies thereof, including any on the Mobile Device. Termination will not limit any of Mercer's and its Providers' rights and remedies at law or in equity.
- No Modification of Other Terms and Conditions. These end user license terms are intended to govern your download and use of the App, with the App remaining subject to the other terms and conditions of this Agreement. In the event of any conflict between the terms and conditions of this license and the other terms and conditions of this Agreement, these license terms shall govern with respect to the App, while giving effect to the maximum extent possible to the other terms and conditions of this Agreement.
Code of Conduct
- use the Services for any purpose or in any manner that violates any applicable local, state, federal or international law or regulation;
- use any of the Communications Tools or other Services to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services;
- rent, lease, sublicense, time-share, or otherwise distribute or provide the benefit of the Services, or host applications or services to provide the use or benefits of the Services, to any third parties, including by means of a service bureau, time-sharing, consulting or other services arrangements;
- use any robot, spider, crawler, scraper, deep link or other automatic programs, tools, utilities, algorithms, agents or process, or any manual process, to access, acquire, copy, search, index or monitor any portion of the Services (including any Content) or its characteristics, without our express prior written permission, which may be withheld in Mercer’s sole discretion. As an exception to the foregoing, search engines performing indexing solely for purposes of including the Site in searches conducted by end users of the search engines and browsers supported by Mercer that are used by end users to access the Services for their intended end use are permitted;
- Regarding Services Security and Integrity:
- submit any Content that contain viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or unlawfully expropriate any system, data, or information;
- gain or try to gain unauthorized access to the Services, other accounts, computer systems or networks connected to the Services through hacking, password mining, or any other means;
- attempt to probe, scan, or test the vulnerability of the Services, the Site, or any associated system or network, or to breach security or authentication measures without proper authorization;
- access or attempt to access any other systems, products or services of Mercer or its affiliates that are not made available through the Services authorized to be used by you under this Agreement;
- excessively or unreasonably use or load the systems used to provide the Services; or
- forge any TCP/IP packet header or any part of the header information in any Internet- or other communications system.
- Regarding Reverse-Engineering:
- to the maximum extent permitted by law, attempt to or actually modify, reverse-engineer, decompile, disassemble or otherwise ascertain the source code and other trade secrets in any software or data files used in providing the Services, including the code for the App and the contents the Services' flash (.SWF) files;
- you understand and acknowledge that the code and all patterns, logarithms, algorithms, and data in the App and in the Services' flash files, and in the servers driving the flash files, are Mercer's and its licensors' proprietary information and constitute trade secrets to which you have no rights; or
- use the Services to develop, test, validate or otherwise benefit the development or operation of any other product or service;
- Regarding Use of Communications Tools:
- misrepresent any of your education, experience or other qualifications;
- post any advertising, engage in any marketing activities for products or services, offer franchises or other business opportunities, solicit investors or engage in any other commercial activities;
- solicit login information or access an account belonging to someone else;
- use any User Content for determining an individual's eligibility for credit or insurance for personal, family or household purposes, for employment or for a government license or benefit;
- post any content that infringes on our or any third party's intellectual property or other proprietary rights, or that is non-public information about any business or other entity or person;
- delete or alter any User Content posted by another User or any other Content on the Services;
- post any Content or undertake any activity that is unlawful, fraudulent, misleading, malicious, discriminatory, hate speech, threatening, abusive, harassing, libelous, defamatory, obscene, pornographic, inciteful of violence or otherwise objectionable;
- post any Content identifying individuals in a negative or derogatory fashion, other than celebrities or individuals who have otherwise received substantial recent coverage in the media;
- impersonate any person, misrepresent your identity or affiliation with any person or organization, or give the impression that any post emanated from or is endorsed by Mercer or any other person, unless that is in fact the case;
- cause substantial annoyance, inconvenience or anxiety or be likely to substantially upset, embarrass, alarm or annoy any other person; or
- facilitate or encourage any violations of this Agreement.
The foregoing list provides examples only and is not meant to be a complete list. If you violate any of these terms, this Agreement and your right to use the Services may be terminated or suspended by Mercer in its sole discretion, without notice.
Copyright and Trademark Infringement Claims
If you believe that your copyrighted work or trademark is being used in User Content on the Services in a way that constitutes copyright or trademark infringement, please contact us by email at IP@mercer.com.
With respect to trademark infringement, please provide us with sufficient information to identify the trademark at issue, the objected to use thereof and the legal basis for the claim, and evidence of your ownership or exclusive rights to the trademark.
Under U.S. Copyright law's DMCA notice-and-takedown procedure (17 U.S.C. § 512), a notice of complaint of copyright infringement against User Content must be in writing and contain substantially the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Mercer to locate the material;
- Information reasonably sufficient to permit Mercer to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You acknowledge that we will provide a copy of your notification to the person who posted the material identified in your copyright infringement notification. If you make any material misrepresentations in any counter notice, you may be subject to liability.
Designated Agent. The notice of complaint must be sent to Mercer's designated agent to receive all notices under the DMCA notice-and-takedown procedure: IP@mercer.com
Counter Notification. If you believe that someone has erroneously or falsely filed a notice of complaint against you under the above DMCA notice-and-takedown procedure, then you may file a written counter notification with Mercer's designated agent noted above. If you make any material misrepresentations in any counter notice, you may be subject to liability. You acknowledge that we are obligated to provide copy of your counter notification to the person that filed the original copyright infringement notification, and that such person may file a lawsuit against you seeking a determination regarding its rights in the material at issue. Your counter notification must be written and include substantially the following to be valid:
- Your physical or electronic signature;
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
- Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which the service provider may be found, and that you will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.