TERMS & CONDITIONS
LAST UPDATED: (Effective January 1, 2020)
ACCEPTING THESE TERMS
Changes
Privacy
How To Access The Mercer Club Services
Use Of The Products
How to Pause a Membership Service
General Conditions
How It Works
Limitation Of Liability
Couriers
Consent To Receive Periodic Messages
Export Control
Indemnity
Assignment
Filtering
Taxes
Waiver; Severability
Delays
Entire Agreement
Notice to New Jersey Consumers
INFORMATION OR COMPLAINTS
Choice of Law
Arbitration Agreement
Restrictions that Apply
Disclaimer Of Warranties
Additional Terms for Digital Gift Cards
Expiration and Fees
Limitation Of Liability
Customer Service; Check Balance
Lost, Stolen, or Damaged Cards; Unauthorized Use
Redemption and Use
How to Cancel your Account or a Membership Service
How Payments Work
Information Provided By Customers
Payment Authorization
How Recurring Billing and Auto-renewal Work
Delivery
The Mercer Club Partners
Returns, Extensions, Shipping, and Lost Items
Product and Service Descriptions
Cost Of The Service
Reserve
Membership Services
Sales
Late Fees
The Mercer Club Packaging
Welcome to The Mercer Club! This Terms of Service agreement (“Terms”) is between you (“you” or “your”) and The
Mercer Club, Inc. (“we,” “our,” “us,” or “The Mercer Club”), and governs your access to and use of our website
located at themercerclubnyc.com (and any successor site thereto) (the “Site”), our mobile
application (the “App”) and related services, including The Mercer Club’s product rental and sale services
(together with the Site, the App, and the Content (as defined below), the “Services”). These Terms also apply
to in-store and hotel rentals and sales, which are part of the Services.
Please review these Terms
carefully; by accessing or using any of the Services, including by creating an Account (as defined below), you
acknowledge that you have read, understood, and agreed to be bound by these Terms.
These Terms are a
legally binding contract between you and The Mercer Club. By accepting these Terms, you represent that you are
an individual of legal age to form a binding contract or, if you are not, that you have obtained parental or
guardian consent to enter into these Terms. Under no circumstances may you access or use the Services if you
are under thirteen (13) years old. Your access to and use of the Services in any way also means that you agree
to all of these Terms, and these Terms will remain in effect while you access or use the Services. These Terms
incorporate by reference any additional terms and conditions posted by The Mercer Club through the Site and/or
the App, or otherwise made available to you by The Mercer Club (the “Additional Terms”), and you understand
and agree that by accessing or using any of our Services, you agree to also comply with all Additional
Terms.

The
Services are controlled or operated (or both) from the United States, and are not intended to subject The
Mercer Club to any non-U.S. jurisdiction or law. You may not use the Services to rent or purchase Products
outside of the United States. Any use of the Site is at your own risk, and you must comply with all applicable
laws, rules, and regulations in doing so. We may limit the Service’s availability at any time, in whole or in
part, to any person, geographic area or jurisdiction that we choose.
We may, at any time and without liability, suspend, modify, or discontinue all or part of the Services
(including access to the Site via any third-party links). We encourage you to check our Site periodically for
the most current Service offerings. Similarly, we may update the Content, including descriptions and
specifications about Products or Services, and we reserve the right to remove any Content (as described below)
at any time, for any reason (including, but not limited to, if someone alleges you contributed Content in
violation of these Terms), in our sole discretion, and without notice. The Mercer Club will have no liability
for any change in the Services, or any suspension or termination of your access to Services.
We also
reserve the right to change these Terms at any time by notifying you of such changes by any reasonable means,
including by posting the revised Terms on the Site. The “Last Updated” legend above indicates when these Terms
were last changed. At our discretion, we may also notify you of certain changes by sending you an email to the
email address associated with your Account. You are responsible for providing us with your current email
address when you create an Account, and, if your email address changes, for updating your Account information
to reflect your new email address. Your continued use of the Services, including by renting or purchasing
Products (as defined below) from us, following any changes to these Terms will indicate your acknowledgement
of such changes and agreement to be bound by the revised Terms. Any changes to the Terms will not apply to any
dispute between you and us that arises prior to the date on which we posted the revised Terms incorporating
such changes, or otherwise notified you of such changes. If you don’t agree with the new Terms, you may no
longer access or use the Services.
Your submission of information through the Services is governed by The Mercer Club’s Privacy Policy. To review
the current The Mercer Club Privacy Policy, please click here.
As noted above, you must be 13 years or older to access or use the Services. To use the Services, you may be
required to sign up for an account (your “Account”), select a password and username (your “The Mercer Club
User ID”), and provide us with certain information or data, such as your contact information. You promise to
provide us with accurate, complete, and up-to-date information, and to maintain and update such information.
You may not select as your The Mercer Club User ID a name that you don’t have the right to use, or another
person’s name with the intent to impersonate that person. We may reject, or require that you change, any The
Mercer Club User ID, password or other information that you provide to us in registering for an Account. You
may not transfer your Account to anyone else without our prior written permission. You may only register one
Account per Paid Service (as defined below).
Additionally, you may be able to access certain parts or
features of the Services by using your account credentials from other services operated by third parties
(each, a “Third Party Account”), such as those offered by Google and Facebook. By using the Services through a
Third Party Account, you authorize us to access information from such Third Party Account for use in
connection with the Services.
You may only use the Services and Products made available to you for your
own personal, non-commercial use, and not on behalf of or for the benefit of any third party, and only in a
manner that complies with all laws that apply to you. If your use of the Services or Products is prohibited by
these Terms or any Additional Terms or applicable laws, then you are not authorized to use the Services or
Products. You are solely responsible for any use by you of any Services or Products in violation of these
Terms, any Additional Terms, or applicable law.
You may not share your Account (including your The Mercer
Club User ID or password) with anyone, and you must protect the security of your Account (including your The
Mercer Club User ID and password) and any other access tools or credentials. You’re solely responsible for any
activity associated with your Account, including all charges incurred from use of the Services with your
Account.
We may, for any reason, limit or restrict your access to or use of the Services, including, but
not limited to, refusing to fulfill any order that you place with us or restricting orders placed under a
single customer Account, payment card, or billing or shipping address. We reserve the right to limit, cancel,
or prohibit any use of the Services for any reason in our sole discretion, including but not limited to
availability and geographic concerns, or if we determine or suspect that you are using the Services for
fraudulent or commercial purposes or for any other purposes in violation of these Terms or any Additional
Terms.
You agree to treat the Products with great care. You are responsible for any loss, destruction, or damage to
the Products for any reason (other than normal wear and tear), including due to theft, loss, mysterious
disappearance, fire, major stains, or any other cause. Normal wear and tear means minor stains, rips, missing
beads, stuck zippers, or other minor damage that is covered by the insurance you paid for with your rental of
the applicable Product. If you return a Product that is damaged beyond normal wear and tear, then you hereby
authorize us (or our third-party payment processor) to charge your Payment Method for the price for repairing
or replacing the Product, as determined in our discretion, up to the full Retail Value for the Product.
We may, but are not obligated to, permit you to put your Membership Service on hold for one or more Billing
Periods (a “Pause”). If you wish to Pause your Membership Service, you must return each Product still in your
possession by your next Billing Date, in accordance with these Terms, for the Pause to go into effect. If you
do not return each Product in your possession prior to your next Billing Date, your Membership Service will
not be Paused and you will continue to be charged for the Membership Service. Once Paused, we will provide
notice to you on or before the date that your Membership Service reactivates. You can reactivate your
Membership Service during a Pause at any time prior to the set date of reactivation, and that the date on
which you manually reactivate your Membership Service will become your new Billing Date. Please see
our FAQ Section for more information regarding Pauses (including how to initiate a Pause or
reactivate your Membership Service).
The following additional terms and conditions apply to the sale, use, and redemption of The Mercer Club
physical gift cards and electronic-only “digital” gift cards and gift credits (collectively, “Gift Cards”).
Purchase and use of a Gift Card constitutes acceptance of these terms. In addition to the terms in this
Section, the purchase, use, and redemption of Gift Cards is considered part of the Services subject to these
Terms generally.
If you have an Account, you may be eligible to participate in the The Mercer Club Refer a Friend Program (the
“Refer a Friend Program”). More details about the Refer a Friend Program can be found in our FAQ
Section.
Under the Refer a Friend Program, The Mercer Club may provide you with the opportunity to send
invites containing a unique referral code (each, an “Invitation”) to others to use The Mercer Club’s Paid
Services at a promotional rate (each, a “Referral”). If your Referral is a qualified referral, he or she will
receive the promotion indicated on the Invitation when he or she redeems the Invitation, and we may, but are
not required to, also provide you a referral credit toward future Paid Services (a “Referral Credit”). Please
see our FAQ Section for more details regarding requirements for qualified referrals.
Referral
Credits will be reflected in your Account after the requirements for a qualified referral have been met. You
may be required to pay taxes, and we may be required to withhold taxes, on the value of redeemed Referral
Credits if the value exceeds certain thresholds. We may, in our sole discretion, place limitations or caps on
the maximum amount of Referral Credits that you can receive in any period of time. Please see
our FAQ Section for limitations or caps on Referral Credits.
 SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
CONSEQUENTIAL OR CERTAIN OTHER DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU. THIS
LIMITATION OF LIABILITY DOES NOT APPLY TO NEW JERSEY RESIDENTS OR TRANSACTIONS. WITHOUT LIMITING THE
GENERALITY OF THE FOREGOING, THE THE MERCER CLUB PARTIES DO NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES OR
REPRESENTATIONS WITH RESPECT TO THE SERVICES AND THE THE MERCER CLUB PARTIES SHALL NOT BE LIABLE FOR ANY
INTERRUPTIONS OR ERRORS RELATED THERETO.
The Mercer Club may from time to time engage third-party couriers (“Couriers”) to facilitate delivery of
Products. Couriers are independent contractors and not employees, partners, agents, joint ventures, or
franchisees of The Mercer Club. The Mercer Club shall not be liable or responsible for any delivery services
provided by Couriers, or any errors or misrepresentations made by any of them. If you opt to have Products
delivered by Courier, you agree to bear responsibility for receipt of Products shipped to the delivery
location specified at time of check out. The Mercer Club highly recommends that you provide a secure location
where you can physically receive Product(s) (including from a Courier), and The Mercer Club does not bear
liability for Products left unattended, by you, a Courier, or otherwise. You hereby acknowledge that The
Mercer Club does not supervise, direct, control, or monitor a Courier’s provision of services. Any
interactions or disputes between you and a courier are solely between you and that courier. The Mercer Club
and its licensors shall have no liability, obligation or responsibility for any interaction between you and
any courier.
By using the Services, you consent to receiving communications from us, including informational text messages
(such as for purposes of notifying you about the status of your order, sending you reminders, facilitating
secondary authentication, and providing other transactional information) to the phone number that you provide
by any means, including through an automated telephone number dialing system. You represent and warrant that
you are the owner of the phone number that you provide when you create an Account. Standard text messaging and
data rates charged by your mobile carrier may apply to the text messages we send you, and any and all such
charges, fees, taxes, or costs are your sole responsibility. You may opt out of receiving communications by
following the unsubscribe procedures we provide to you. In the case of text messages, you may opt out by
replying "STOP" to a text message you receive from us or by emailing<EMAIL_ADDRESS>You
acknowledge that opting out of receiving communications may impact your use of the Services. Please note also
that you will need to opt out of communications for each Service that you sign up for. You agree to indemnify
and hold The Mercer Club harmless from and against any and all claims, liabilities, damages (actual and
consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to your
breach of the foregoing.
You are responsible for complying with United States export controls and for any violation of such controls,
including any United States embargoes or other federal rules and regulations restricting exports. You
represent, warrant and covenant that you are not (a) located in, or a resident or a national of, any country
subject to a U.S. government embargo or other restriction, or that has been designated by the U.S. government
as a “terrorist supporting” country; or (b) on any of the U.S. government lists of restricted end users
You agree to indemnify and hold the The Mercer Club Parties harmless from and against any and all claims,
liabilities, damages (actual and consequential), losses, fees, and expenses (including attorneys’ fees)
arising from or in any way related to any claims, suit, action, or demand (“Claims”) relating to (i) your
access to and use of the Services (including any actions taken by a third party using your account) and any
Products rented from us (including any failure to return such Products), (ii) your User Submissions, (iii)
your violation of these Terms, or any applicable law, rules, or regulation, (iv) your infringement,
misappropriation, or other violation of any third-party right, including any intellectual property right or
publicity, confidentiality, other property, or privacy right, and (v) any dispute or issue between you and any
third party, including any Courier, Product merchant, or other third party. In the event of such Claim, we
will attempt to provide notice of the Claim to the contact information we have for your account (provided that
failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).
You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Account,
in any way (including by operation of law or otherwise) without The Mercer Club's prior written consent.
We may transfer, assign, or delegate these Terms and our rights and obligations (in whole or in part) without
your consent or notice to you.
We hereby notify you that parental control protections (such as computer hardware, software, or filtering
services) are commercially available that may assist you in limiting access to material that is harmful to
minors. Information identifying current providers of such protections is available from https://en.wikipedia.org/wiki/Comparison_of_content-control_software_and_providers. Please note that The Mercer Club does not endorse any of the products or services listed on such
site.
You will be responsible for paying, withholding, filing, and reporting all federal, state, and local goods and
services taxes, duties, customs, duties, levies, and other governmental assessments associated with your
activity in connection with the Services (including any purchase or rental of any Products and Membership
Services), provided that The Mercer Club may, in its sole discretion, do any of the foregoing on your behalf
or for itself as it sees fit.
The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any
further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that
provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise
remain in full force and effect and enforceable.
There may be delays, omissions, or inaccuracies in the Services, including the Content. The Services may
become unavailable due to maintenance or malfunction of computer equipment or other reasons. You agree that
The Mercer Club is not, and will not be, liable for any such delays, omissions, inaccuracies, or
unavailability.
You and The Mercer Club agree that these Terms are the complete and exclusive statement of the mutual
understanding between you and The Mercer Club, and that these Terms supersede and cancel all previous written
and oral agreements, communications, and other understandings relating to the subject matter of these Terms.
You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of The Mercer
Club, and you do not have any authority of any kind to bind The Mercer Club in any respect whatsoever.
If you are a consumer residing in New Jersey, the following provisions of these Terms do not apply to you (and
do not limit any rights that you may have) to the extent that they are unenforceable under New Jersey law: (a)
the disclaimer of liability for any indirect, incidental, consequential, special, exemplary, or punitive
damages of any kind (for example, to the extent unenforceable under the New Jersey Punitive Damages Act, New
Jersey Products Liability Act, New Jersey Uniform Commercial Code, and New Jersey Consumer Fraud Act; (b) the
limitations of liability for lost profits or loss or misuse of any data (for example, to the extent
unenforceable under the New Jersey Identity Theft Protection Act and New Jersey Consumer Fraud Act); (c)
application of the limitations of liability to the recovery of damages that arise under contract and tort,
including negligence, strict liability, or any other theory (for example, to the extent such damages are
recoverable by a consumer under New Jersey law, including the New Jersey Products Liability Act); (d) the
requirement that you indemnify the The Mercer Club Parties (for example, to the extent the scope of such
indemnity is prohibited under New Jersey law); and (e) the New York governing law provision (for example, to
the extent that your rights as a consumer residing in New Jersey are required to be governed by New Jersey
law).
If you have any questions or complaints regarding the Services or about these Terms, you may contact us
at<EMAIL_ADDRESS>For any questions related to Services or Products, please contact
us at<EMAIL_ADDRESS>Please note that email communications will not necessarily be
secure; accordingly you should not include credit card information or other sensitive information in your
email correspondence with us. California residents may reach the Complaint Assistance Unit of the Division of
Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd.,
Sacramento, CA 95834, or by telephone at<PHONE_NUMBER> or<PHONE_NUMBER>.
Site © 2019 The Mercer Club, Inc. unless otherwise noted. All rights reserved.
These Terms are governed by and will be construed under the laws of the United States (including federal
arbitration law) and the laws of the State of New York, without regard to the conflicts of laws provisions
thereof.
Please read the following Arbitration Agreement carefully (subsections (a) though (f) below will be referenced
herein as the “Arbitration Agreement”) because it requires you to arbitrate certain disputes and claims with
The Mercer Club and limits the manner in which you can seek relief from The Mercer Club. Both you and The
Mercer Club acknowledge and agree that for the purposes of any dispute arising out of or relating to the
subject matter of these Terms, The Mercer Club's officers, directors, employees, and independent
contractors (“Personnel”) are third-party beneficiaries of these Terms, and that upon your acceptance of these
Terms, Personnel will have the right (and will be deemed to have accepted the right) to enforce these Terms
against you as the third-party beneficiary hereof.
We and/or our suppliers and licensors own the Products and Services (including related software, code, data,
and information relating thereto), and proprietary methods and systems used to provide the Services
(collectively, “Our Property”), the materials, text, graphics, data, articles, photos, images, illustrations,
information, and other content made available or displayed by us through the Services (collectively, “Our
Materials”), and certain of the trademarks, service marks, names, and logos, including, but not limited to,
THE MERCER CLUB (“Marks,” and together with Our Property and Our Materials, collectively, “Content”). You
agree and acknowledge that the Content is: (i) protected by copyrights, (ii) subject to other intellectual
property and proprietary rights and laws, and (iii) owned by us or our suppliers and licensors. Except as
expressly permitted in these Terms, Content may not be copied, modified, reproduced, republished, posted,
transmitted, sold, offered for sale, redistributed, or otherwise used in any way without our prior written
permission and the prior written permission of our applicable licensors.
Subject to these Terms, and
solely for so long as you are permitted to use the Services, we grant to you a non-transferable,
non-sublicensable, non-exclusive, revocable, limited right and license to (a) install, access, and use our App
on any single, compatible, personal device that you own or control, and (ii) access and use the other aspects
of the Services, in each case solely for your own personal, noncommercial use. The App is licensed (not sold)
to you. If you fail to comply with any of the terms or conditions of these Terms, you must immediately cease
using the App and remove (that is, uninstall and delete) the App from your mobile device. You promise to abide
by all copyright notices, trademark rules, information, and restrictions contained in or attached to any
Content, and that you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute,
perform, upload, display, license, sell, commercialize, or otherwise exploit for any purpose any Content. You
may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly
provided in these Terms), create derivative works based on, or otherwise exploit any of the Content or
Services. You may not use our trade names, trademarks, service marks, or logos in connection with any product
or service that is not ours, or in any manner that is likely to cause confusion. Nothing contained on the Site
should be construed as granting any right to use any trade names, trademarks, service marks, or logos without
the express prior written consent of the owner.
You represent, warrant, and agree that you will not post, upload, share, store, provide, or otherwise make
available any User Submission, otherwise access or use the Content, Products or Services or interact with the
Services in a manner that:
• Infringes, misappropriates, or otherwise violates the intellectual property rights or any other rights of
anyone else (including The Mercer Club);
• Violates any law, rules, or regulation, including, without
limitation, any applicable export control laws or privacy laws;
• Is dangerous, harmful, fraudulent,
deceptive, threatening, harassing, defamatory, libelous, tortious, obscene, indecent, pornographic, vulgar,
unlawful, hateful, or threatening to any group defined by race, religion, gender, national origin, or sexual
orientation or otherwise offensive or objectionable, or is for any commercial purpose or is used for any
purpose not reasonably intended by The Mercer Club;
• Jeopardizes the security of your or any other The
Mercer Club user’s Account (such as by allowing someone else to log in to your Account);
• Attempts, in
any manner, to obtain the The Mercer Club User ID, password, Account, or other security information of or from
any other The Mercer Club user or impersonates any other person, including but not limited to a The Mercer
Club representative;
• Violates the security of any computer network, or cracks any passwords or security
mechanisms or encryption codes, or introduces viruses, worms, Trojan horses, spyware, or other computer code,
file, or program that is potentially harmful or invasive or intended to damage or hijack the operation of, or
to monitor the use of, any hardware, software, or equipment;
• Runs a “Maillist,” “Listserv,” any form of
auto-responder, or “spam” on the Services, or any processes that run or are activated while you are not logged
into the Services, or that otherwise interferes with the proper working of the Services (including by placing
an unreasonable load on the Services’ infrastructure);
• Restricts or prohibits any other person from
using the Services;
• Frames or mirrors any portion of the Services, or otherwise incorporates any
portion of the Services into any product or service, without our express prior written consent;
• Removes
or obscures any copyright, trademark, or other proprietary notice from the Services;
• Uses any robot,
spider, site search/retrieval application, or other manual or automatic device to retrieve, index, “scrape,”
“data mine,” or otherwise gather Site content, or reproduce or circumvent the navigational structure or
presentation of the Site, without our express prior written consent. Notwithstanding the foregoing, and
subject to compliance with any instructions posted in the robots.txt file located in the Site’s root
directory, The Mercer Club grants to the operators of public search engines permission to use spiders to copy
materials from the Site for the sole purpose of (and solely to the extent necessary for) creating publicly
available, searchable indices of such materials, but not caches or archives of such materials. The Mercer Club
reserves the right to revoke such permission either generally or in specific cases, at any time and without
notice;
• Systematically copies or stores any portion of the Content;
• Decompiles, reverse
engineers, disassembles or otherwise attempts to obtain the source code or underlying ideas or information of
or relating to the Products or Services, except to the extent that such restriction is expressly prohibited by
applicable law;
• Displays material that exploits children under 18 years of age or posts, collects, or
discloses any personal information (including names) or private information about such children; or
•
Posts or transmits any unsolicited advertising, promotional materials, or any other forms of solicitation,
including without limitation solicitations of credit card numbers, solicitations for sponsors, or promotion of
raffles or contests or any other businesses or services.
Anything that you post, upload, share, store, provide, or otherwise make available through the Services is a
“User Submission.” We do not guarantee any confidentiality with respect to your User Submissions, and they may
be viewable by others. You are solely responsible for all User Submissions that you submit or otherwise
provide to the Services. You represent that (a) all of your User Submissions are accurate, complete,
up-to-date, and in compliance with these Terms and all applicable laws, rules, and regulations, and (b) you
own or have the necessary rights, licenses, consents, and permissions, without the need for any permission
from or payment to any other person or entity, to exploit and to authorize us to exploit your User Submissions
in all manners contemplated by these Terms. You waive all moral rights in User Submissions which may be
available to you in any part of the world and confirm that no such rights have been asserted. No User
Submissions will be subject to any obligation, whether of confidentiality, attribution or otherwise, on our
part and we will not be liable for any use or disclosure of any User Submissions.
In addition, if you
provide to us any ideas, proposals, suggestions, or other materials (“Feedback”), whether related to the
Services or otherwise, such Feedback will be deemed a User Submission, and you hereby acknowledge and agree
that such Feedback is not confidential, and that your provision of such Feedback is gratuitous, unsolicited,
and without restriction, and does not place The Mercer Club under any fiduciary or other obligation.
You
hereby grant to The Mercer Club and our affiliates a perpetual, non-exclusive, irrevocable, fully-paid,
royalty-free, sub-licensable (through multiple tiers), and transferable (in whole or part) worldwide license
to use, edit, truncate, aggregate, reproduce, transmit, display, exhibit, distribute, prepare, index, comment
on, modify, create derivative works of, display, perform, and otherwise fully exploit User Submissions in
connection the Services and our (and our successors’ and assigns’) businesses, including without limitation
for promoting, marketing, advertising, and redistributing part or all of the Site or the Services (and
derivative works thereof) in any media formats (whether now existing or hereafter created or discovered) and
through any media channels, whether now existing or hereafter created or discovered (including, without
limitation, third-party websites and feeds).
We have the right, but not the obligation, to monitor,
scan, intercept, review, analyze, store, alter, or remove any information (including all User Submissions
received from you), and to monitor, review or analyze your access to or use of the Services, in each case, by
manual, automated or other means, and in each case for any purpose, including such purposes as may be
described in the Privacy Policy. We may take appropriate action against you or your User Submissions if you
violate our rights or the rights of any third party or any other provision of these Terms. This may include,
but is not limited to, removing or modifying User Submissions, terminating your account, and/or reporting you
to law enforcement authorities. You acknowledge that all Content, including User Submissions, accessed by you
while using the Services is at your own risk and you will be solely responsible for any damage or loss to you
or any other party resulting therefrom.
You may not redeem Invitations or earn Referral Credits by (i) promoting your Invitation (or its unique
referral code) through paid marketing, such as search engine or social media marketing (e.g., Facebook,
AdWords, Yahoo), (ii) posting your Invitation (or its unique referral code) on any public forum or coupon site
where you are not the primary content owner (e.g., you may post a referral link on your personal social media
account, but you may not post it on a site like RetailMeNot), (iii) using the Services in violation of these
Terms, or (iv) violating any other restriction that we may impose on participants in the Refer a Friend
Program.
You may not obtain any cash or money in exchange for Referral Credits. You are responsible for
notifying The Mercer Club if you believe the number of Referral Credits in your Account is incorrect.
The
Mercer Club reserves the right to modify, suspend or terminate the Refer a Friend Program, in part or in
whole, at any time, for any reason, or, upon reasonable notice to you (including by email), to void or remove
Referral Credits from an Account at any time. All Referral Credits will be voided immediately upon termination
of these Terms or if you Cancel your Account.
Neither The Mercer Club nor its licensors, suppliers, partners, parent, subsidiaries, or affiliated entities,
and each of their respective officers, directors, members, employees, consultants, contract employees,
representatives, and agents, and each of their respective successors and assigns (The Mercer Club and all such
parties together, the “The Mercer Club Parties”) make any representations or warranties concerning the
Services, including without limitation regarding any content contained in or accessed through the Services or
any Products, and the The Mercer Club Parties will not be responsible or liable for the accuracy, copyright
compliance, legality, or decency of material contained in or accessed through the Services or any claims,
actions, suits procedures, costs, expenses, damages, or liabilities arising out of or in any way related to
your participation in or use of the Services. We make no warranty that the Products or Services will meet your
requirements, or that the Services will be uninterrupted, timely, secure, or error free; nor do we make any
warranty as to the results that may be obtained from the use of the Products, or Services, or that defects in
the Products or Services will be corrected. The Services may become unavailable due to maintenance or
malfunction of computer equipment or other reasons. You understand and agree that you will be solely
responsible for any damage to your computer or loss of data that results from the download of any material in
any way related to the Services and/or our Content. No advice or information, whether oral or written,
obtained by you from us through the Services or otherwise will create any warranty, representation, or
guarantee not expressly stated in these Terms.

Digital Gift Cards are only issued electronically; no physical card will be provided. The digital Gift Card
number will be delivered to the recipient’s email address that the purchaser provides at time of purchase of
the digital Gift Card. Purchaser is responsible for providing an accurate and deliverable recipient email
address. Recipient will usually receive a digital Gift Card via email within 24 hours, or on the delivery date
the purchaser chooses. Digital Gift Cards may be redeemed by providing the digital Gift Card number at the
time of checkout online on our Services or at a The Mercer Club retail location.
Gift Cards do not expire and are not subject to any fees. Gift Cards are not redeemable or exchangeable for
cash (except as required by law). Gift Cards cannot be reloaded and are not refundable. Gift Cards cannot be
transferred for value.

Please see our FAQ Section for assistance regarding Gift Cards (including on how to check Gift Card
balance).
You should treat your Gift Card like cash and protect it accordingly. Title to and risk of loss for Gift Cards
passes to the purchaser upon sale. The Mercer Club reserves the right to refuse to accept Gift Cards that The
Mercer Club believes were fraudulently or illegally obtained. The Mercer Club is not responsible if a Gift
Card is lost, stolen, destroyed, damaged, or used without permission. Gift Cards will be replaced if lost,
stolen, or damaged only with proof of purchase and only for the value shown on The Mercer Club’s records. The
Mercer Club is not responsible if your Gift Card is used without your permission.
Gift Cards may be purchased online or through participating The Mercer Club retail locations. Gift Cards are
redeemable only for eligible Services and merchandise through our Services or at The Mercer Club retail
locations. Limits may apply to Gift Card redemption and use at The Mercer Club’s discretion, and as stated in
the Services, at retail locations, or on the Gift Card packaging. A Gift Card cannot be used to purchase other
Gift Cards. When a Gift Card is redeemed, the value of the rental or purchase plus any shipping/handling fees
and sales tax will be deducted from the currently available Gift Card balance.
Any free trial or other promotion that provides access to a Paid Service must be used within the specified
time of the trial. At the end of your free trial or promotion, you will be signed up to use the applicable
Paid Service and charged in accordance with these Terms, unless you Cancel the Paid Service in accordance with
these Terms. Please note that any payment terms presented to you in the process of using or signing up for a
free trial or other promotion are deemed part of these Terms.
Any sweepstakes, contests, raffles,
surveys, games, or similar promotions (collectively, “Promotions”) made available through the Services may be
governed by rules that are separate from this Agreement. If you participate in any Promotions, please review
the applicable rules, as well as our Privacy Policy. If the rules for a Promotion conflict with
this Agreement, the Promotion rules will govern.
You may terminate your Account or your Membership Service (“Cancel”) at any time. If you Cancel your
Membership Service, you may use the Membership Service until the end of your then-current Billing Period and
your membership will not be renewed after the expiration of your then-current Billing Period. You must return
all Products in your possession in accordance with these Terms no later than the expiration of your
then-current Billing Period or the return date in the applicable online invoice (whichever is earlier) to
avoid incurring additional charges, including late fees. Please see our FAQ Section for more
information regarding how to Cancel your Account or your Membership Service.
Please note that
you will not receive any refunds for amounts already paid for the Membership Services, and you will still be
responsible for payment of any fees or charges (including, without limitation, all Rental Fees) incurred by
you prior to termination of your Membership Service. Membership Services cannot be terminated before the end
of the Billing Period for which you have already paid, and except as expressly provided in these terms, The
Mercer Club will not refund any fees that you have already paid.
The Mercer Club is also free to suspend,
limit, or terminate your access to or use of the Services or your Account, for any reason in our discretion,
including your breach of these Terms.
The following provisions survive expiration or termination of these
Terms (or your Account): “Changes,” “Late Fees,” “The Mercer Club Packaging,” “Returns, Extensions,
Shipping and Lost Items,” “Your Content,” “Use Restrictions,” “Use of your Content,” “Limitation of
Liability,” “Disclaimer of Warranties,” “Indemnity,” “Assignment,” “Choice of Law,” “Arbitration Agreement,”
“Taxes,” “Waiver; Severability,” and “Entire Agreement.”
When you place a rental order for a Product, you hereby authorize The Mercer Club to charge your payment card
or other payment instrument (“Payment Method”) for the Rental Fee. You must ensure that at all times your
Payment Method is valid and up-to-date. You are responsible for providing complete and accurate billing and
contact information to The Mercer Club and notifying The Mercer Club of any changes to such information. The
Mercer Club will charge your Payment Method the amount of the Rental Fee immediately upon your rental order. A
reservation of a Product through the Services is an order for the rental of that Product, regardless of how
far in advance that Product is reserved. In addition, at the time of your rental order for a Product, you
hereby authorize The Mercer Club to charge your Payment Method for an amount up to the Retail Value of the
Product set forth on the applicable Service plus applicable sales taxes; provided that The Mercer Club will
only charge your Payment Method for an amount that is greater than the Rental Fee as described below and in
the Cost of Services section above. Rental Fees exclude all federal, state, and local taxes, goods and service
tax, fees, customs, duties, levies, and other governmental assessments, all of which shall be paid by you
directly or, if paid by The Mercer Club, shall be paid by you to The Mercer Club in connection with your
rental order.
We use a third-party payment processor (the “Payment Processor”) to bill you
for any Paid Services through a payment account linked to your account (your “Billing Account”). By choosing
to use Paid Services, you agree to pay us, through the Payment Processor, all charges at the prices then in
effect for any use of such Paid Services in accordance with the applicable payment terms, and you authorize
us, through the Payment Processor, to charge your chosen Payment Method. You agree to make payment using that
selected Payment Method, but if the Payment Processor is not able to charge your preferred Payment Method, you
authorize us to use any Payment Method stored on record for your Billing Account. We reserve the right to
suspend or cancel a rental order or terminate your access to the Services in the event that we are unable to
successfully charge the provided Payment Method. We are not responsible for errors by the Payment Processor,
and we reserve the right to correct any errors or mistakes that we or the Payment Processor make(s) even if we
have or our Payment Processor has already requested or received payment. If we, through the Payment Processor,
do not receive payment from you, you agree to pay all amounts due on your Billing Account upon
demand.
You must provide current, complete, and accurate information for your Billing Account. You must promptly
update all information to keep your Billing Account current, complete, and accurate (such as a change in
billing address, credit card number, or credit card expiration date). If your Payment Method is canceled for
any reason (e.g., for loss or theft) or if you become aware of a potential breach of security, such as the
unauthorized disclosure or use of your User ID or password, you must promptly notify us and update your
Payment Method. Changes to such information can be made in your account settings.
If the amount to be charged to your Billing Account varies from the amount you preauthorized (other than due
to the imposition or change in the amount of state taxes), we shall provide notice of the amount to be charged
and the date of the charge before the scheduled date of the transaction. Any agreement you have with your
payment provider will govern your use of your Payment Method. You agree that we may accumulate charges
incurred and submit them as one or more aggregate charges during or at the end of each Billing Period.
Your
non-termination or continued use of a Membership Service reaffirms that we (and/or our Payment Processor) are
authorized to charge your Payment Method for that Membership Service. We may submit those charges for payment
and you will be responsible for such charges. This does not waive our right to seek payment directly from you.
Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially
selected to use the Membership Service.
Some of the Paid Services are offered as a subscription that may consist of an initial period, for which there
will be an initial charge, followed by recurring period charges as agreed to by you (“Membership Services”).
If you choose a Membership Service, your Payment Method will be charged the then-current applicable rate
(including all applicable taxes and fees) on the date that you sign up for such Membership Service. This date
is your “Billing Date.” The applicable fee will automatically renew, meaning your Payment Method will be
automatically charged the then-current applicable rate for the Membership Service during each subsequent month
until you Pause or Cancel (each as defined below) the Membership Service or terminate your
Account. Recurring charges will occur on a going-forward basis each month on or about the same date
as your Billing Date (however, if your Billing Date does not exist in a given month, you will be billed on or
around the last day of that month). The period between your Billing Dates is referred to as a “Billing
Period.” As of your first Billing Date, the Membership Services are available to you, subject to these Terms.
Your Account will remain active and you will remain eligible to participate in the Membership Services for
subsequent Billing Periods after we successfully receive your payment for each applicable Billing Date. If you
do not want to continue to be charged on a recurring monthly basis, you must Cancel or Pause the applicable
Membership Service or terminate your Account before the end of the then-current Billing Period.
By
choosing a recurring Membership Service, you acknowledge that such Paid Services have an initial and recurring
payment feature and you accept responsibility for all recurring charges prior to cancellation.  Such notice will not affect charges that have already been submitted or are in
process.
To change your Payment Method, go to your account settings. To delete a Payment
Method or terminate your payment authorization, contact us at<EMAIL_ADDRESS>or<PHONE_NUMBER>.
For information on how to Pause or Cancel your account, see below.
You must provide us with accurate shipping information, so that we can timely deliver Products to you. You are
responsible for providing us with accurate shipping information for deliveries and for keeping the shipping
information for your Account up-to-date. If you provide us with a shipping address that is invalid or where
you cannot securely accept Products upon delivery, or if you do not keep your shipping information up-to-date,
you are solely responsible for any resulting loss, theft, or damage to the Products. Following delivery to the
designated address, as between you and us, you will be solely responsible for the condition of each Product
until you return such Product (including while they are in transit). We reserve the right to reject, cancel,
or prohibit any rentals or sales of Products for any reason. Please see our FAQ Section for more
information regarding deliveries.
We may, from time to time, permit you to have rental Products shipped to our third-party partners. If you
choose to have rental Products shipped to such third-party partners, notwithstanding anything to the contrary
in these Terms, you must return such rental Products, using the Return Packaging, to our third-party partners,
unless we expressly permit you to otherwise return the rental Products in accordance with these Terms.
You agree to return each rented Product to The Mercer Club on or before the return date for the Product
identified in the applicable online invoice for your order. We may, but are not required to, permit you to
extend your order for a Product (including by contacting us), subject to pre-payment of any additional fees
applicable to that Product for the period of time of the extension. We are not responsible for any personal or
other items left in the Products or which are returned to The Mercer Club in the Return Packaging. If you
believe you have accidentally or otherwise sent any such items to us, please contact customer service as soon
as possible at<EMAIL_ADDRESS>We may, but are not required to, assist you in attempting to
locate such items at your request, and we assume no responsibility or liability if we attempt to locate such
items.
If you use the Return Packaging that we provide, you must use the shipping carrier specified on
the pre-paid shipping label included with the Return Packaging. The Mercer Club will not be responsible for
loss, theft, or damage to Products that are shipped back to us using any carrier other than the carrier that
is specified on our Return Packaging, or for any fees or expenses that you incur due to delays in The Mercer
Club receiving the Product. The Mercer Club does not ship Products outside of the United States, and you may
not return Products to us from outside of the United States without our prior written permission.
In the
event that you lose or damage the Return Packaging that we provide, you will be responsible for returning the
Product to us in your own packaging, at your own expense. Furthermore, you acknowledge that using any
packaging or shipping carriers other than our Return Packaging and the carrier specified thereon may result in
delivery delays and additional delivery fees for which The Mercer Club will not be liable. You will be solely
liable for all such delays and additional delivery fees.
If you are returning a Product using our
self-service kiosks, once a Product has been scanned into a kiosk return scanner, it is considered a Product
return and you must immediately deposit the Product in the return bin provided. Failure to deposit a Product
in the return bin at the self-service kiosk at the time that it is scanned into the kiosk is a violation of
our Terms, and we may terminate your Account, charge your Payment Method for the full Value of the Product,
and/or take other legal action.
For more information regarding Product returns, please refer to
our FAQ Section for the most up-to-date information.
We may, in our sole discretion, provide listings, descriptions, or images of Products that are available on
the Services, as well as references and links to Products, but we do not warrant that the Product listings,
descriptions, or images are accurate, complete, reliable, current, or error-free, or that any Products will be
available, even if noted as so on our Services. Such information and the availability of any Product are
subject to change at any time without notice. Certain weights, measures, and similar descriptions are
approximate and are for convenience only. We make reasonable efforts to accurately display the attributes of
Products, including the applicable colors, however the actual colors you see will depend on your computer
system, and we cannot guarantee that your computer (including a smart phone or similar device) will accurately
display such colors. The prices displayed for Products and Services are quoted in U.S. dollars, unless
otherwise indicated. Prices and availability for Products on our Reserve Service are not confirmed until the
applicable Products are shipped; if the actual price of such a Product is higher than our stated price, or if
the Product is no longer available, we will contact you for instructions before shipping or cancel your order
and notify you of such cancellation. The availability through the Services of any listing, description, or
image of a Product does not imply our endorsement of such Product or affiliation with the provider of such
Product.
We may charge you to access and use certain parts of the Services (the “Paid Services”). We reserve the right
to modify or waive fees required to use certain parts of the Services. You are solely responsible for: (i) the
fee for any Paid Services that you order and that are not cancelled in accordance with our cancellation
policy, (ii) the price of any Products that are not returned in accordance with our policies, and (iii) any
late fees accrued by you due to late or lost items.
For more information about our Services, including
pricing and fees and cancellation policies, please see our FAQ Section. Please note that any
payment terms presented to you in the process of using or signing up for a Paid Service are deemed part of
these Terms.
If you rent a Product through our Reserve Service, the rental fee (“Rental Fee”) will include insurance
charges and delivery charges (as applicable) listed on the Reserve Service for your rental of the applicable
Product. The Mercer Club reserves the right to alter the Rental Fee or availability of any particular item at
its discretion and without notice.
If you purchase a Membership Service, the subscription fee (“Subscription Fee”) will be the then-current
applicable subscription rate (including all applicable taxes and fees) listed on the Membership Service on the
date that you sign up for such Membership Service; provided that, if your Membership Service is based on a
promotional rate, you will be charged a fee equal to the promotional rate for the duration of the promotion,
and, after the expiration of the applicable promotion, you will be charged the applicable rate on a recurring
monthly basis. For information on the applicable fees, including any applicable discounts and insurance
charges listed during the check-out process, please see the “ Plans” section of our Site. The Mercer Club
reserves the right to alter the Subscription Fee or availability of any particular item at its discretion and
without notice.
If you purchase a Product through the Services, the purchase price for such Product (“Purchase Price”) will be
equal to the purchase fee and delivery charges listed on the Service for the applicable Product at the time of
purchase. The Mercer Club, at its discretion and without notice, reserves the right to alter the price of a
Product, the amount or availability of any discount, or the availability of any particular item. You hereby
authorize us (or our third-party payment processor) to charge your Payment Method (as defined below) for the
Purchase Price when you purchase Products. We will charge your Payment Method the amount of the Purchase Price
immediately upon your purchase order. We do not make, and expressly disclaim, any warranties of any kind with
respect to any Product that you purchase, and such Product is provided on an “AS IS” basis.
If you do not return one or more Products that are part of a single order (other than Products that you
purchase) after the date on which such Products must be returned or do not return the Product(s) at all (see
the “Returns, Extensions, Shipping, and Lost Items” section below), you hereby authorize us (or our
third-party payment processor) to charge your Payment Method a non-refundable late fee for every day that we
do not receive every Product that comprises such order, up to an amount equal to one hundred percent (100%) of
the The Mercer Club’s purchase value of the Products not returned to us (for each Product, the “Retail Value”)
plus applicable sales tax. The late fee is payable on a per-order, not a per-Product, basis. If you have not
returned a Product within twenty (20) days after the specified return date for such Product, your late return
will be considered a non-return and you hereby authorize us (or our third-party payment processor) to charge
your Payment Method the Retail Value of the Product, minus any late fees that you have already paid, plus
applicable sales tax. Please see our FAQ Section for the current amount we charge for a late
fee.
If you are charged by The Mercer Club for the full Retail Value of a Product pursuant to this “Late
Fees” section, you are permitted to retain the Product; however, we do not make, and expressly disclaim, any
warranties of any kind with respect to the Product, and the Product is provided to you on an “AS IS” basis.
For the avoidance of doubt, this “Late Fees” section shall not apply to the Rental Fee, or fees paid or
payable by you for the non-return of Return Packaging (as defined below), each of which will be charged
separately from, and in addition to, any late fees. Late fees will not apply to any Products ordered using the
Membership Service, unless you Cancel the Membership Service. Payment of any late fees does not excuse your
breach of these Terms and does not limit our rights or remedies hereunder.
With the delivery of a Product, The Mercer Club will provide you with pre-paid, pre-addressed packaging that
you can use to return the Product (“Return Packaging”), as well as instructions for returning the Product to
The Mercer Club. You may not keep, sell, or transfer (other than to us) any The Mercer Club-branded garment
bags, accessory bags, and accessory boxes (“The Mercer Club Packaging”) that we provide to you. If The Mercer
Club Packaging is not returned prior to the earlier of (i) sixty (60) days after the return of the associated
Product or (ii) the termination, cancellation, or expiration of your Account or Paid Services, you hereby
authorize us (or our third-party payment processor) to charge your Payment Method a non-refundable non-return
fee for each garment bag, accessory bag, and/or accessory box that is not returned to us. After we charge your
Payment Method for The Mercer Club Packaging that you did not return, you are permitted to retain such The
Mercer Club Packaging; however, we do not make, and expressly disclaim, any warranties of any kind with
respect to such The Mercer Club Packaging, and The Mercer Club Packaging is provided to you on an “AS IS”
basis. Please see our FAQ Section for the current amount we charge for non-return fees (including
for garment bags, accessory bags, and accessory boxes).
ABOUT OUR SERVICE
OTHER TERMS RELATED TO PRODUCTS AND SERVICES
PAUSING AND CANCELLING SERVICES
FREE TRIALS AND PROMOTIONS
GIFT CARDS
REFERRAL PROGRAM
MISCELLANEOUS
OWNERSHIP AND USE OF INTELLECTUAL PROPERTY
BILLING AND PAYMENTS
Our Content
Use Restrictions
Your Content
You are also responsible for obtaining, maintaining, and paying for all hardware and all telecommunications
and other services needed to access or use the Services. A violation of any of the foregoing is grounds for
termination of your right to use or access the Services.
Certain Services functionality may contain links or connections to, or otherwise make available access to,
third-party websites, services, information, services, products, or other materials that are not owned or
controlled by The Mercer Club (“Third Party Materials”), or allow for the routing or transmission of such
Third Party Materials, including via links. When you access or use any Third Party Materials, you are
directing us to access, route and transmit to you the applicable Third Party Materials. Your use of Third
Party Materials is at your own risk and is subject to any additional terms, conditions, and policies
applicable to such Third Party Materials (such as terms of service or privacy policies of the providers of
such Third Party Materials).
The Mercer Club has no control over, does not endorse, and assumes no
responsibility for, any Third Party Materials, including the content, accuracy, validity, timeliness,
reliability, completeness, quality, legality, usefulness, safety, or practices of or opinions expressed in any
Third Party Materials. In addition, The Mercer Club has no obligation to monitor, verify, censor, or edit the
content of any Third Party Materials, and we may block or disable access to any Third Party Materials (in
whole or in part) through the Services at any time. In addition, the availability of any Third Party Materials
through the Services does not imply our endorsement of, or our affiliation with, any provider of such Third
Party Materials, nor does such availability create any legal relationship between you and any such provider.
We encourage you to be aware when you leave the Services and to read the terms and conditions and privacy
policy of each third-party website or service that you access or use. By accessing or using the Services, you
release and hold us harmless from any and all liability arising from your access to or use of any Third Party
Materials.
If there is a dispute between participants on this site or Services, or between users and any
third party, including in connection with any Third Party Materials, you agree that The Mercer Club is under
no obligation to become involved and you are solely responsible for such disputes.
Our Services may allow you to rate and post reviews of Products. Any ratings or reviews provided by you are
considered User Submissions and are governed by these Terms. Ratings and reviews are not endorsed by The
Mercer Club, and do not represent the views of The Mercer Club or of any affiliate or partner of The Mercer
Club. The Mercer Club does not assume liability for any ratings and reviews or for any claims, liabilities, or
losses resulting from or relating to ratings or reviews. We reserve the right to modify, remove, or exclude
any rating and/or review for any reason at any time, without notice.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe
that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in
good faith that materials available on the Services infringe your copyright, you (or your agent) may send to
The Mercer Club a written notice by mail, email, or fax, requesting that The Mercer Club remove such material
or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright
infringement against you, the DMCA permits you to send to The Mercer Club a counter-notice. Notices and
counter-notices must meet the then-current statutory requirements imposed by the DMCA.
See http://www.copyright.gov/ for details. Notices and counter-notices must be sent in writing to
The Mercer Club as follows: by email to<EMAIL_ADDRESS>or by phone via
954-787-0304.
In addition to your agreement with the foregoing terms and conditions, and notwithstanding anything to the
contrary herein, the following provisions apply with respect to your use of any version of the App compatible
with the iOS operating system of Apple Inc. (“Apple”). Apple is not a party to these Terms and does not own
and is not responsible for the App. Apple is not providing any warranty for the App except, if applicable, to
refund the purchase price for it. Apple is not responsible for maintenance or other support services for the
App and shall not be responsible for any other claims, losses, liabilities, damages, costs or expenses with
respect to the App, including any third-party product liability claims, claims that the App fails to conform
to any applicable legal or regulatory requirement, claims arising under consumer protection or similar
legislation, and claims with respect to intellectual property infringement. Any inquiries or complaints
relating to the use of the App, including those pertaining to intellectual property rights, must be directed
to The Mercer Club in accordance with the “Information or Complaints” section below. The license you have been
granted herein is limited to a non-transferable license to use the App on an Apple-branded product that runs
Apple’s iOS operating system and is owned or controlled by you, or as otherwise permitted by the usage rules
set forth in Apple’s App Store Terms of Service. In addition, you must comply with the terms of any
third-party agreement applicable to you when using the App, such as your wireless data service agreement.
Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance of the
terms and conditions of the Terms, will have the right (and will be deemed to have accepted the right) to
enforce these Terms against you as a third-party beneficiary thereof. Notwithstanding the foregoing, The
Mercer Club’s right to enter into, rescind, or terminate any variation, waiver, or settlement under these
Terms is not subject to the consent of any third party.
Third Party Materials
Ratings and Reviews
Copyright Infringement Claims
Additional Terms for Mobile Applications
• Arbitration Rules; Applicability of Arbitration Agreement. The parties shall use their best efforts to
settle any dispute, claim, question, or disagreement arising out of or relating to the subject matter of these
Terms directly through good-faith negotiations, which shall be a precondition to either party initiating
arbitration. If such negotiations do not resolve the dispute, such dispute shall be finally settled by binding
arbitration in accordance with this Arbitration Agreement. The arbitration will proceed in the English
language, in accordance with the American Arbitration Association under its Consumer Arbitration Rules, as
amended by this Arbitration Agreement (the “Rules”) then in effect, by one commercial arbitrator with
substantial experience in resolving intellectual property and commercial contract disputes. The Consumer
Arbitration Rules are available online
at https://www.adr.org/sites/default/files/CommercialRules_Web_FINAL_2.pdf. The arbitrator will
conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless
the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person
appearances will be held at a location which is reasonably convenient to both parties with due consideration
of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a
location, such determination should be made by the AAA or by the arbitrator. The arbitrator’s decision will
follow the terms of this Agreement and will be final and binding. The arbitrator will have authority to award
temporary, interim or permanent injunctive relief or relief providing for specific performance of this
Agreement, but only to the extent necessary to provide relief warranted by the individual claim before the
arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having
jurisdiction thereof. Notwithstanding any of the foregoing, nothing in this Agreement will preclude you from
bringing issues to the attention of federal, state, or local agencies and, if the law allows, they can seek
relief against us for you.
• Class Action Waiver. You agree that any arbitration under these Terms will
take place on an individual basis; class arbitrations and class actions are not permitted and you are agreeing
to give up the ability to participate in a class action. Notwithstanding anything to the contrary in this
Arbitration Agreement or any other provision of these Terms or in the American Arbitration Association’s
Consumer Arbitration Rules, disputes regarding the enforceability, revocability, or validity of the foregoing
class action waiver may be resolved only by a civil court of competent jurisdiction and not by an arbitrator.
In any case in which (i) the dispute is filed as a class, collective, or representative action, and (ii) there
is a final judicial determination that all or part of such class action waiver is unenforceable, then the
class, collective, and/or representative action, to that extent, must be litigated in a civil court of
competent jurisdiction, but the portion of such class action waiver that is enforceable shall be enforced in
arbitration.
• Small Claims Court; Infringement. Notwithstanding the foregoing obligation to resolve
disputes using arbitration, both you and The Mercer Club may assert claims, if they qualify, in small claims
court in New York County, New York or any United States county where you live or work. Furthermore, both you
and The Mercer Club will have the right to pursue injunctive or other equitable relief at any time, from any
court of competent jurisdiction, to prevent the actual or threatened infringement, misappropriation, or
violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property
rights.
• Waiver of Jury Trial. You and The Mercer Club are each waiving the right to trial by a jury and
instead choosing to have claims and disputes resolved by arbitration. Except for disputes that qualify for
small claims court, all disputes arising out of or related to these Terms or any aspect of the relationship
between you and The Mercer Club, whether based in contract, tort, statute, fraud, misrepresentation, or any
other legal theory, will be resolved pursuant to this Arbitration Agreement. Except as provided above
regarding the class action waiver, such disputes include, without limitation, disputes arising out of or
relating to interpretation or application of this arbitration provision, including the enforceability,
revocability or validity of the arbitration provision or any portion of the arbitration provision. All such
matters shall be decided by an arbitrator and not by a court or judge. However, as set forth above, the
preceding arbitration requirement shall not apply to disputes to the extent relating to the interpretation or
application of the class action waiver above, including its enforceability, revocability, or validity.
•
Exclusive Venue. In any circumstances where the foregoing Arbitration Agreement permits either you or The
Mercer Club to litigate any dispute arising out of or relating to the subject matter of these Terms in court,
then the foregoing Arbitration Agreement will not apply to either party, and both you and The Mercer Club
agree that any judicial proceeding (other than small claims actions) will be brought in the state or federal
courts located in New York County, New York.
• Severability. If the prohibition against class actions and
other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the
preceding language in this Arbitration Agreement section will be null and void. This Arbitration Agreement
will survive the termination of your relationship with The Mercer Club.
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35. Flow View Window¶
.
36. The Purpose of Flow View¶
Flow view is meant to show a view of what “happens to” the data for a given ID as time goes on. The flow is a flow of time or messages going by. The goal is to visualize what is going on as time passes. The screen is very busy but everything has the same goal - to show the data bytes across the list of all frames with that ID.
37. Selecting an ID to Flow¶
Along the left most side of the window is a list of every frame ID captured so far. You can select any of these IDs. Once you select an ID you’ll see the number of frames with that ID just to the right of the IDs list (in the bottom of the Playback Control box).
38. Viewing the Flow¶
There are a variety of ways that the data bytes for the current frame are displayed. Toward the middle of the window there are 8 text boxes that show the current value of each data byte. At the right of the window are two visualizations. On the top there is an 8x8 grid that visualizes every possible bit in a CAN message.  Bits which are black are 1 or on. Bits that are green are newly on in this frame. They were 0/off in the reference. Bits which are red are newly off in this frame. Those bits were 1/on in the reference.
Below the 8x8 grid view is a graph based view. The “+” in the center marks the “current” time. You can thus see both into the future and the past (relative to the current frame) in this view. All 8 data bytes are graphed according to their value. You can thus see in the graph what the value is doing as time ticks by.
Between these three views you should have a very good idea of how the data bytes change over time.
39. Controlling the Flow¶
The screen has many ways to control the flow. The “Playback Control” box has 6 icons in a 3x2 grid. The upper icons mean (from left to right): Go back one frame, Stop, Go forward one frame. The bottom icons mean: Play backward, pause, Play forward. Playback speed is used to control how quickly the flow happens. You can raise and lower this value even as the flow is playing back and it will change the flow speed in realtime. You can select “Loop Playback” to keep looping over and over. It is possible to select “0” as the frame interval. This will make the program progress as quickly as it can. This probably will not be much faster than a frame interval of 1 but it will be a bit faster.
40. Additional control options¶
Below the “Playback Control” box is a set of three check boxes. “Live Mode” will cause the flow view to keep the current frame at the latest received frame from the capture hardware. This is thus a “real time” option where the flow will happen in real time as frames come in. “Synchronize windows” causes the flowing in this window to update the position in the main window so that the main window is always at the current position in flow playback. “Graph by timestamp” causes the “Time Axis” at the bottom of the graph view to be in seconds or microseconds. Deselecting this will cause that axis to instead be in frame number.
41. Reference Values¶
Previously it was mentioned that bits in the 8x8 grid are colored based on whether they are newly on/off or steady state compared to the reference. What is the reference? Well, look to the left of the 8x8 grid. The reference values here are used for reference with the 8x8 grid. You can set these values to something static and then see how bits compare to that static reference. Or, above the reference values is a checkbox called “Auto Reference” if this is clicked then the last frame is used as a reference for the current one. There are advantages to both options. A static reference can be used to see how things change compared to, say, the very first frame. Auto reference shows how the data changed from frame to frame. Either might yield interesting findings. The default values for static reference are taken from the values that the first frame has. You are free to change them to any value 0 through 0xFF.
42. Seeking to Specific Values¶
Lastly, it is possible to seek to specific values. “Data Seek Values” normally default to -1. But, if a value other than -1 is found in one of these boxes then it will be used as a seek value. Any time the flow is playing back (either forward or backward) it will compare to the seek values. If there is a match then playback will automatically stop. This can be used to quickly play things back until you get to a specific value. One use would be to seek to a known value that precedes an important section you want to analyze in more depth. Also, in this same vein, if you click in the 8x8 grid of bits you will see that the cell you clicked on has the text turn blue and become bold. Any bit that you’ve selected this way will also act as a way to stop playback. If that bit changes, either being set or unset, then playback will stop. Click the cell again to deselect it.


Tonight on the Tonight Show with Jimmy Fallon
@deviantintegral
of @lullabot &
@beautyhammer
of @fourkitchens
Drupalcon Austin, June 3 2014 - Case Studies
To succeed, we need a non-blocking technical architecture.
The two biggest components are:
Setting the correct resolution for semantics is important.
Addresses volatility in trends and interests - gives you flexibility
The joke: smallest atomic unit of funny.
Show elements:
Supporting elements:
We ended up with a Semantic content model...MOSTLY
At its core: An OOP API built on Drupal services.
BUT...it was more than that
IF decoupled development needs a lynch pin - Why not make it your API?
episodes?id=15
You might get something back like this:
{ "episodes": [ { "type": "episode", "episodeNumber": "15", "name": "Jimmy and Justin", "season": "1", "airDate": "2014-03-05T00:00:00-05:00", "guests": [ {"id": "123"},{"id": "124"} ], "merlinId": "", "images":[ { "id":"642", "description":"Scenes from the Tonight Show with Jimmy Fallon.", "orientation":"portrait", "emphasized":false, "isGif":false, "url":"http://tonightshowpath.com/files/images/2014/02/05/img_20130309_140147_1.jpg", "bitImageStacked":"http://tonightshowpath.com/files/styles/bit_stacked_resized/public/images/2014/02/05/img_20130309_140147_1.jpg?itok=NUKlRWNu", "detailImageSmall":"http://tonightshowpath.com/files/styles/detail_image_small_portrait/public/images/2014/02/05/img_20130309_140147_1.jpg?itok=ApiJp4Od", "detailImageMedium":"http://tonightshowpath.com/files/styles/detail_image_medium_portrait/public/images/2014/02/05/img_20130309_140147_1.jpg?itok=WakkI2CC", "detailImageLarge":"http://tonightshowpath.com/files/styles/detail_image_large_portrait/public/images/2014/02/05/img_20130309_140147_1.jpg?itok=3s6NWs-A" } ] },
An API call to a semantic resource looks something like this:
guests/124
{ "id": "127", "name": "Britney Spears", "headshotImage": [{ "id": "123", "title": "Slim Shady image", "description": "Jimmy and Justin do Eminem image", "orientation": "landscape", "emphasized": false, "isGif": false, "bitStacked": "http://path.image.com/app2/img/144x81xS/scet/episode/6/9/3/6/9/rok_504_sm.jpg", "androidLdpi": "http://path.image.com/image2.png", "androidMdpi": "http://path.image.com/image2.png", "androidHdpi": "http://path.image.com/image2.png", "androidXhdpi": "http://path.image.com/image2.png", "androidXxhdpi": "http://path.image.com/image2.png", "iphone": "http://path.image.com/image2.png", "iphoneRetina": "http://path.image.com/image2.png", "ipad": "http://path.image.com/image2.png", "ipadRetina": "http://path.image.com/image2.png"
Decoupled
Strong Asynchronous Workflow
Fast and Looming
Please, and thank-you! We'd love to hear what you think.


{% extends 'base.html' %} {% block content %}
The network analysis provided some interesting results, with the meneame network containing a total of 19823 users and about 9 milions connections between them, included in one single connected component.
We wondered if the famous six degrees of separation theory holds in this network, the idea for which there is a maximum of 6 steps between each person in the world. To do so, we computed the shortest path length between any two users in the network, and we have found a maximum length of only 3, and an average length of 1.98. This confirms the theory and implies all the users in the network very connected. Not surprisingly, we have found also a very high clustering, with an average global clustering coefficient of 0.36.
We have also investigated wether the meneame network can be considered scale free, in which the degree distribution follows a power law. To do so we plotted its degree distribution, that can be seen in the following figure.
As we can observe, the degree distribution has a peculiar shape, due to the way in which we defined edges. Infact, the minimum observable degree is equal to the minimum number of comments posted in an article, in our case 5. The degree distribution does not strictly follow a power-law, thus we cannot clearly state whether this can be considered a scale-free network or not.
Another interesting aspect that we have found is the distribution of the weights of the edges, that can be seen in the following figure. In this case the distribution undoubtely follows a power law, with the most edges having a low value of weight, and a few edges having a value higher of 400.
We also tested for communities inside the network using the infomap algorithm [1] by Rosvall and Bergstrom that appears to be one of the best performing [2]. For the analysis, we used the number of comments of each users, as the vertex weight. Not surprisingly, given the high clustering level, we found only one community.
Due to the high number of edges and vertices it was not possible to visualize the network in a meaningful manner,
[1] M. Rosvall and C. T. Bergstrom, “Maps of random walks on complex
networks reveal community structure,” Proc. Natl. Acad. Sci. USA, p.
1118, 2008
[2] S. Fortunato and A. Lancichinetti, “Community detection algorithms:
A comparative analysis: Invited presentation, extended abstract,”
Proceedings of the Fourth International ICST Conference on
Performance Evaluation Methodologies and Tools, ser. VALUETOOLS
’09. ICST, Brussels, Belgium, Belgium: ICST (Institute for Computer
Sciences, Social-Informatics and Telecommunications Engineering),
2009, pp. 27:1–27:2.


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