Amendments to Terms of Use

We reserve the right to change these Terms of Use and any of our other terms, conditions and rules relating to the site, at any time. We will notify you of such changes by posting the changes on the site. You are responsible for regularly reviewing the site and these Terms of Use regarding such changes. Continued use of the site after any such changes have been posted shall constitute your agreement to them.

Use of the Site and Prohibited Behaviors

You agree to use the site solely for the intended purposes of material discovery, education, research, and sourcing for architecture or interior/commercial design related projects, and in compliance with these Terms of Use.
As a condition of your access to and use of this site, you agree that you will comply with all applicable laws, rules and regulations related to your use of the site, including data protection and privacy laws.
The following is a non-inclusive list of behaviors that are not permitted on the site. You agree not to engage in:

• Removing, copying or destroy any proprietary rights marks or legends on or in the site
• Modifying, enhancing, adapting, translating, creating derivative works of, decompiling, disassembling, or reverse engineering the site
• Accessing, viewing, using or displaying the Site for any commercial or other money-making purpose
• The unauthorized access, monitoring, collection, or use of data, systems or networks, including using any data mining, robots, or similar data gathering and extraction tools
• Use any intellectual property, including any trademarks, made available on this site without our express written consent.
• Hacking, phishing, spamming, scamming, identity theft, fraud, forgery, deception, virus or malware distribution, network attacks, and interference with any other user’s use of the site.
• Offensive activities such as harassment or transmitting or distributing content that is inappropriate, obscene, defamatory, threatening, abusive, that advocates violence, or that violates a law, regulation, or public policy.

Your ability to use this site depends on your compliance with the conduct guidelines set forth in these Terms of Use. If you fail to conduct yourself appropriately, we may revoke your privileges to use all or a portion of this site and/or take other appropriate measures to enforce our rights.

Eligibility

The site is available only to individuals who are at least 18 years old. You represent and warrant that you are of legal age to form a binding contract. We may, in our sole discretion, refuse to offer the site to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the site is revoked in such jurisdictions.

Site Access and Registration

As a condition to using certain aspects of the site, you may be required to register with us, create an account, and select a password and user ID. You shall provide us with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of these Terms of Use, which may result in immediate termination of your account. You are solely responsible for the security of online access to this site, including access to any user account, and you must take precautions to protect the confidentiality of your user ID and password. You should not share your password or User ID with any other person or entity. You are solely responsible for verifying the accuracy of all transactions placed in your account and for ensuring that you receive a confirmation for all transactions placed for your account. You should contact us immediately if you suspect unauthorized use of your user ID or password, or any other unauthorized activity on your account. You are and will be responsible for all activities conducted on and with the site that make use of your password and/or user ID. We may justifiably assume that any orders or instructions received through any electronic systems and placed under your account were placed or authorized by you.
You may terminate or cancel your account at any time. Cancellation of an account does not create an obligation for us to delete or return any content you may have created through your registered account, including any Sample Board(s) (as defined below) created by you. If you wish to cancel your acceptance to these Terms of Use, simply cancel your account with Mercato Place. However, even if you cancel these Terms of Use, you shall continue to have any obligations that arose for it prior to account cancellation or termination.

Order Terms

Once you submit an inquiry or places an order through the site, we may contact you to discuss the details of the order.
Our fulfillment of orders depends upon carriers such as FedEx or UPS, and there may be instances in which disruption of air, rail or roads or disruption for other reasons that are beyond our control may occur. Finally, a particular material may become out of stock without notice.
If you place an order and it is not delivered to you by a carrier such as FedEx or UPS or does not get to you for whatever other reason, you shall not hold Mercato Place responsible.
You agree that you shall not order Samples (as defined below) for any purpose other than to specify materials (meaning, to consider whether to purchase the materials sampled).

Proprietary Rights in Content

As between you and Mercato Place, Mercato Place and its suppliers and licensors, including, without limitation, Manufacturers, own and retain all proprietary rights in the site. The site contains copyrighted material, trademarks and other proprietary content and information of Mercato Place and its Manufacturers and licensors. Such materials and content include, but are not limited to, the design, layout, artwork, and other elements of the site, as well as any text, audio, video, logo, information, data, software, documentation, services, downloads, or any other similar materials contained or generated on the site (collectively, “Site Materials”). Site Materials includes copyrighted material, trademarks, and other proprietary content and information of Manufacturers relating to their samples (“Sample Content”) and is protected by copyright and other intellectual property laws, international treaties and other intellectual property rights.
You may view the Site Materials on the site as it is made available to you and, where expressly permitted, download it for your own personal and informational use, provided that: (i) you do not modify the Site Materials, (ii) you retain all copyright and propriety notices originally contained in the Site Materials on any copies; and (iii) you otherwise comply with any restrictions or use requirements with respect to the Site Materials. You understand that, among other things, you shall not try to download any Site Materials from the site in the aggregate or otherwise scrape the site for Site Materials.
You may not use, reproduce, display, post, transmit, or distribute any materials contained on this site, including any Site Materials, for any (A) reproduction or promotional use rights in the Site Materials or (B) commercial sale, resale or distribution purposes. Except for that information for which you have been given written permission or for which you have been provided specific rights as specified in these Terms of Use, you may not download, copy, modify, publish, transmit, distribute, perform, display, or sell any such Site Materials. Nothing in these Terms of Use shall be construed as granting any license or right to use the site or any materials contained on the site, including any Site Materials, except as expressly provided herein or elsewhere on the Site. You acknowledge that Mercato Place and its suppliers, including, without limitation, its Manufacturers and licensors, will enforce its intellectual property rights with respect to the Site Materials to the fullest extent of the law, including, without limitation, the seeking of criminal prosecution.

User Content

Mercato Place provides a service to supply physical samples of materials and other items of interest (each, a “Sample”) to you and to permit you to gather, assign, and/or post Sample Content to a virtual project board (“Sample Board”). You agree that all right, title and interest in and to any arrangements or designs of the Samples that you develop, design or create on the Sample Board shall be owned by Mercato Place. To the extent that you might possess any copyright or other proprietary interest in any such arrangements or designs, you hereby assign all such right, title and interest in and to the same to Mercato Place without charge. Where such an assignment is not effective under the applicable law, you hereby grant us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, access, view, and otherwise exploit such arrangements and designs. Further, you hereby waive, and you agree to waive, any moral rights (including attribution and integrity) that you may have in such arrangements and designs, even if altered or changed in a manner not agreeable to you.
In consideration for the foregoing, Mercato Place grants to you a non-exclusive, worldwide, non-transferable and non-assignable, non-sublicensable, royalty-free license to use the arrangements and designs that you have developed, designed or created for the purposes of exploration and discovery for use on architecture or interior/commercial design related projects with the intent to seek materials for professional product evaluation. Other than through your Sample Board or use of the Samples to show customers in your business, you may not use, or attempt to use, the Site or any Site Materials to collect and redistribute Samples or similar material in any way. In addition, you may not use the site or any Site Materials to collect Samples or similar material items for any purpose other than as specific set forth herein. The use of the site also prohibits you from collecting Samples or similar material items through the site for the benefit of another entity, unless that entity is directly associated with you in a professional architecture or interior/commercial design related manner.
This Site may include postings or other interactive areas or community features, and we allow you and others to submit or contribute content and materials such as photos, videos, comments, ideas and suggestions, or other information or content via the site or otherwise (“Content”). You are solely responsible for any Content that you contribute, and you, not us, have full responsibility for such Content. You may see or read things that you do not like or agree with on our site. You understand that by using our site, you may be exposed to content that you find offensive, indecent or objectionable. Content does not reflect the views of us, and we take no responsibility and assumes no liability for any content, including, but not limited to, any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content.
All Content is considered non-confidential and non-proprietary. We will not have any ownership rights in any elements of your Content; however, we require certain licenses to provide the site and perform the services. By contributing content, you grant us a non-exclusive, royalty-free, irrevocable, worldwide, perpetual right and license to use, reproduce, modify, adapt, translate, publish, display, perform, distribute and otherwise exploit or use in our discretion such Content in any manner or media now or later developed, including the right to change, create derivative works, sublicense, assign, and commercialize. You waive all rights in and to your Content in favor of us, our successors, assigns, and licensees.
You represent and warrant that you own all rights to your Content or have the right to give us the rights described above and that your Content does not infringe the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party. You promise that your Content will comply with all applicable laws, and will not:

• Contain any material which is defamatory, indecent, libelous, obscene, offensive, hateful, scandalous, violent, threatening, or inflammatory;
• Promote sexually explicit or violent material;
• Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
• Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any person; Violate the legal rights (including the rights of publicity and privacy) of others or that otherwise may be in conflict with these Terms of Use and our Privacy Policy
• Be likely to deceive any person;
• Promote any illegal activity, or advocate, promote, or assist any unlawful act;
• Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, or alarm any person;
• Impersonate any person, or misrepresent your identity or affiliation with any person or organization; or
• Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.

Failure to comply with these guidelines, as determined in our sole discretion, constitutes a breach of these Terms of Use. If you breach these Terms of Use, we may take such action as we deem appropriate, including but not limited to: (a) terminating your right to use the site; (b) removing any content; (c) disclosing your identity or other information about you to any third party who claims that your content violates their right; and taking legal action against you (including referral to law enforcement). We have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any content on or through our site, and you agree to hold us harmless from any actions we take as a result of such requests.
We have no obligation to restrict or monitor content in any way, and we may not be able to review all content before it is posted on the site. We also cannot ensure prompt removal of objectionable material. If you believe any content violates these Terms of Use or is otherwise objectionable, please contact us as detailed at the end of these Terms of Use and we will undertake to evaluate your complaint. We reserve the right, in our sole discretion, to refuse or delete any content. Should content be deemed illegal, we will cooperate with the proper authorities, including but not limited to submitting all necessary information to them. If we determine, in our sole discretion, that any content submitted by you is offensive, inappropriate, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, we may ask you to retract or modify the content in question, or we may edit or remove the content or terminate your account.

Copyright Disputes

If you believe any content or other materials on our site infringes a copyright you own or control, you may report such infringement to us in accordance with the Digital Millennium Copyright Act Section 512(c) (17 U.S.C. § 512(c)) by submitting a complaint to:

Consent to Collection and Use of Usage Data

You agree that we may collect, use and share certain information about you and your use of the site and any products and services with which the site connects, including but not limited to technical information about our and our business partners’ products and services, your device, system and application software, and peripherals—that is gathered periodically to facilitate the provision of software updates, support, and other services to you (if any) related to the Site (collectively, “Usage Data”). We use Usage Data to improve its products and the Site, facilitate the provision of Site updates, and provide support and other service to you. Usage Data is automatically transmitted to us by the Site. You acknowledge and agree that we retain sole and exclusive ownership of all right, title and interest in and to the Usage Data, and you shall have no rights to retain or use any of the Usage Data. We may use the Usage Data without limitation, but we will ensure that such Usage Data is anonymized and/or aggregated in such a manner that it no longer identify you before sharing Usage Data with third parties.

Feedback

If you provide us with any comments, suggestions or other feedback with respect to our products and services, the Site or any component thereof (collectively, “Feedback”), we have the right to use such Feedback in any way, including incorporating such Feedback into the Site, without obligation to you. We will be the owner of, and free to use for any purpose, any ideas, concepts, know-how, or materials developed by or on behalf of us resulting from your Feedback, including any modifications or enhancements to the products or the Site.

Privacy

We have a policy that addresses the privacy of your personal information. Your use of our site is subject to it. Please read our Privacy Policy so that you understand the parameters of privacy when using our site. We reserve the right to monitor this Site for adherence to these Terms of Use.

Third Party Sites and Information

Our Site may include access to content, products, or services offered by third parties through hyperlinks, API, or otherwise. We are not responsible for any content or linked sites owned or controlled by a third party. We provide such content and links only as a convenience to you. We have not endorsed, tested or verified any third party information, companies, or products to which it links or otherwise makes available. If you decide to access any third party sites linked to this Site, use such third party’s products or services, or provide any personally identifiable information to a third party, you do so subject to the terms and policies applicable to those third parties and entirely at your own risk.

Third Party Service Providers

We may use third party service providers to help develop and maintain this Site and to provide specific services offered through this Site. You agree that the terms and conditions set forth in these Terms of Use are to the benefit of any third party service providers engaged by us. All references to us are deemed to include its agents and service providers.

Territory

We operate this Site from the United States. We make no representation that content and materials on this Site are legal or appropriate for use outside the United States. If you access this Site from outside the United States, you do so at your own risk. You may not use the Site in violation of United States export laws and regulations.

Disclaimer of Warranties; Limitation of Liability

EXCEPT AS OTHERWISE SET FORTH HEREIN, THIS SITE AND ALL MATERIALS, SERVICES, PRODUCTS AND INFORMATION AVAILABLE ON OR THROUGH THIS SITE, ARE PROVIDED BY US AND OUR LICENSORS AND BUSINESS PARTNERS "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, CONTINUED AVAILABILITY, QUALITY, ACCURACY AND/OR SYSTEM COMPATIBILITY. IN ADDITION, NO WARRANTIES SHALL ARISE FROM ANY COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE.
YOU AGREE THAT YOUR USE OF THIS SITE AND OUR PRODUCTS IS AT YOUR SOLE RISK. BY USING THIS SITE OR PURCHASING OUR PRODUCTS, YOU ASSUME ALL OF THE RISKS ASSOCIATED WITH SUCH USE, AND YOU EXPRESSLY RELEASE US AND OUR THIRD PARTY INFORMATION AND SERVICE PROVIDERS FROM ANY AND ALL LIABILITY, CLAIMS AND/OR LOSSES ARISING FROM OR CONNECTED WITH SUCH RISKS. THE INFORMATION PROVIDED ON THIS SITE IS PROVIDED FOR GENERAL CONSUMER UNDERSTANDING AND EDUCATIONAL PURPOSES ONLY AND SHOULD NOT BE INTERPRETED AS A RECOMMENDATION FOR A SPECIFIC PRODUCT OR COURSE OF ACTION. YOU ACKNOWLEDGE THAT: THE SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS AND THE SITE MAY BECOME INOPERABLE OR OTHERWISE UNAVAILABLE FOR PERIODS OF TIME. ALTHOUGH WE MAY UPDATE THIS SITE, SOME OF THE INFORMATION MAY BE OUT OF DATE OR CONTAIN OTHER ERRORS. WE DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF ANY INFORMATION POSTED OR ANY OPINION, ADVICE OR STATEMENT DISPLAYED ON THIS SITE.
REGARDLESS OF THE FORM OF ACTION OR THEORY OF RECOVERY, IN NO EVENT SHALL WE, OUR AFFILIATES, OUR LICENSORS,OUR SERVICE PROVIDERS, AND/OR OUR BUSINESS PARTNERS BE LIABLE OR RESPONSIBLE TO YOU IN ASSOCIATION WITH THE SITE, THE PRODUCTS PROVIDED HEREUNDER, OR YOUR USE THEREOF, FOR ANY: (A) INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, EVEN IF AWARE OF THE POSSIBILITY OF SUCH DAMAGES; OR (B) LOST PROFITS, LOST REVENUE, LOSS OF DATA, LOST EXPECTANCY OR BUSINESS INTERRUPTIONS. ANY CLAIM RELATED TO THE SITE MUST BE INITIATED WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT GIVING RISE TO THE CLAIM. IN ANY EVENT OUR LIABILITY TO YOU WILL BE LIMITED TO THE AMOUNT OF FEES YOU PAID TO US FOR THE PRODUCT OR SERVICE GIVING RISE TO THE CLAIM. WE SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY DELAY OR FAILURE IN THE SITE, OR ANY COMPONENT THEREOF, OR YOUR ABILITY TO ACCESS OR USE THE SITE, RESULTING FROM CAUSES OUTSIDE OF OUR CONTROL, INCLUDING, WITHOUT LIMITATION, POWER OUTAGES, ACCIDENTS, STRIKES, FIRES, WAR OR ACTS OF GOD.
Some jurisdictions may not permit the disclaimers of warranties or limitations of liability set forth in these Terms of Use, so the above limitations may not apply to you. To the extent such warranties or liabilities cannot be disclaimed but can be limited under the laws of your state, we limit such warranties and/or liabilities to the maximum extent permitted by applicable law.

Indemnity

You agree to indemnify, defend and hold harmless us, and our parents, subsidiaries, affiliates, officers, agents, co-branders, partners, licensors, and employees, from and against any alleged claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of this Site or our products and services, your connection to this Site, your violation of these Terms of Use or any other applicable policy, your violation of any rights of another, or breach of any representation or warranty made by you under these Terms of Use. You are solely responsible for your actions when using this Site, including, but not limited to, costs incurred for Internet access.

Termination

We may terminate your access to this Site at any time and for any reason without prior notification. We may also, in our sole discretion and at any time, with or without notice, discontinue this Site or any portion of it, restrict the time the Site is available, or restrict the amount of use permitted. You agree that we may terminate or restrict your access to this Site under these Terms of Use or under any other applicable policy without prior notice. We reserve the right to bar any further access to this Site. Provisions that survive termination of these Terms of Use are those relating to ownership, limitations of liability, indemnification and others which by their nature are intended to survive.

Applicable Law, Severability and Waiver

To ensure consistency in the interpretation and enforcement of these Terms of Use and our rights in the Site, these Terms of Use will be governed exclusively by Michigan law and controlling U.S. federal law, without regard to the choice or conflicts of law provisions of any jurisdiction. You expressly agree that any litigation or dispute arising between you and us related, in any way, to the Site, our products and services, or these Terms of Use, and any and all disputes, actions, claims, or causes of action related thereto, shall be initiated and maintained before the Circuit Court for Kent County, Michigan or the United States District Court for the Western District of Michigan, Southern Division. You expressly consent and irrevocably submit to the exclusive personal jurisdiction and venue of such courts.
If any provision of these Terms of Use is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be modified to the extent necessary to be valid and enforceable, and all other provisions of these Terms of Use shall remain in full force and effect.
Our failure to enforce any right or provision in these Terms of Use shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. No waiver shall be implied from a failure of either party to exercise a right or remedy. In addition, no waiver of a party's right or remedy will affect the other provisions of these Terms of Use.

How to Contact Us

If you have any questions, complaints or claims about this site or our products, please contact by email at info@mercatoplace.com or by phone at 616-931-1153.