Terms & Conditions
Merkle and Sears and its affiliates ("Merkle and Sears" or "we") provides its content on www.merkleandsears.com (the "Site")
subject to the following terms and conditions (the "Terms"). We may periodically change the Terms, so please check back from time to time.
These Terms were last updated on January 1, 2015. By accessing and using this Site, you agree to these Terms.
For an explanation of Merkle and Sears' practices and policies related to the collection, use, and storage of our users'
Customers are advised to read all the available information about any study published by Merkle and Sears before placing their orders. Merkle and Sears does not provide returns, refunds, or cancellation of orders for its studies and consulting services.
All content and functionality on the Site, including text, graphics, logos, icons, and images and the selection and arrangement thereof, is the exclusive property of Merkle and Sears or its licensors and is protected by U.S. and international copyright laws. All rights not expressly granted are reserved.
The trademarks, service marks, designs, and logos (collectively, the "Trademarks") displayed on the Site are the registered and unregistered Trademarks of Merkle and Sears and its licensors. You agree that you will not refer to or attribute any information to Merkle and Sears or its licensors in any public medium (e.g., press release, websites) for advertising or promotion purposes, or for the purpose of informing or influencing any third party and that you will not use or reproduce any Trademark of, or imply any endorsement by or relationship with, Merkle and Sears or its licensors.
Use of site content
Merkle and Sears hereby grants you a non-exclusive, non-transferable license for the term hereof to access and download, display, and print one copy of the content and functionality displayed on the Site (the "Site Content") on any single computer solely for your internal, business use, provided that you do not modify the Site Content in any way and that you retain all copyright and other proprietary notices displayed on the Site Content. You may not otherwise reproduce, modify, distribute, transmit, post, or disclose the Site Content without Merkle and Sears' prior written consent.
You acknowledge and agree that Merkle and Sears shall own and have the unrestricted right to use, publish,
and otherwise exploit any and all information that you post or otherwise publish on the Site in postings,
survey responses, and otherwise, and you hereby waive any claims against Merkle and Sears for any alleged
or actual infringements of any rights of privacy or publicity, moral rights, or rights of attribution in
connection with Merkle and Sears' use and publication of such submissions. You covenant that you shall not
post or otherwise publish on the Site any materials that (a) are threatening, libelous, defamatory, or obscene;
(b) would constitute, or that encourage conduct that would constitute, a criminal offense, give rise to civil
liability, or otherwise violate law; (c) infringe the intellectual property, privacy, or other rights of any third
parties; (d) contain a computer virus or other destructive element; (e) contain advertising; or (f) constitute or
contain false or misleading statements. Merkle and Sears does not and cannot review all information posted to the
Site by users and is not responsible for such information. However, Merkle and Sears reserves the right to refuse
to post and the right to remove any information, in whole or in part, for any reason or for no reason.
THE CONTENT AND FUNCTIONALITY ON THE SITE IS PROVIDED WITH THE UNDERSTANDING THAT MERKLE AND SEARS IS NOT HEREIN ENGAGED IN RENDERING PROFESSIONAL ADVICE AND SERVICES TO YOU. ALL CONTENT AND FUNCTIONALITY ON THE SITE IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING,
WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
MERKLE AND SEARS AND ITS THIRD-PARTY CONTENT PROVIDERS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO
THE OWNERSHIP, ACCURACY, OR ADEQUACY OF THE SITE CONTENT. MERKLE AND SEARS SHALL HAVE NO LIABILITY OR
RESPONSIBILITY FOR ANY INFORMATION PUBLISHED ON LINKED WEBSITES, CONTAINED IN ANY USER SUBMISSIONS
PUBLISHED ON THE SITE, OR PROVIDED BY THIRD PARTIES. NEITHER MERKLE AND SEARS NOR ITS THIRD-PARTY
CONTENT PROVIDERS SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR FOR LOST
REVENUES OR PROFITS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES AND REGARDLESS OF THE THEORY OF LIABILITY.
We may provide links to third-party websites, and some of the content appearing to be on this Site is in fact supplied by
third parties, for example, in instances of framing of third-party websites or incorporation through framesets of content
supplied by third-party servers. Merkle and Sears has no responsibility for these
of the applicable third-party content providers.