1. Disclaimer: ALL SERVICES AND INFORMATION PROVIDED BY MERCAM INC. (HEREINAFTER REFERRED TO AS “THE SERVICES”) ARE PROVIDED ON AN “AS IS” BASIS. YOUR USE OF AND RELIANCE THEREON ARE AT YOUR OWN RISK. MERCAM INC. DOES NOT MAKE, AND HEREBY EXPRESSLY DISCLAIMS, ANY AND ALL EXPRESS AND/OR IMPLIED WARRANTIES OR CONDITIONS, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION OF THE FOREGOING AND NOTWITHSTANDING ANYTHING HEREIN CONTAINED, (A) MERCAM INC. DOES NOT WARRANT THAT (i) THE SERVICES WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE, UP-TO-DATE OR RELIABLE, OR (iv) ANY ERRORS IN MERCAM INC.’s SERVICES WILL BE CORRECTED; (B) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MERCAM INC. OR THROUGH THE USE OF THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT; AND (C) NO LEGAL ADVICE OR COUNSEL IS GIVEN, OR SHALL BE DEEMED TO HAVE BEEN GIVEN, BY THE SERVICES. YOU EXPRESSLY ACKNOWLEDGE THAT ALTHOUGH MERCAM INC. USES COMMERCIALLY REASONABLE EFFORTS TO ENSURE THE PROTECTION OF YOUR BUSINESS DATA, MERCAM INC. DOES NOT PROVIDE OR GUARANTEE ABSOLUTE SECURITY.
2. Limitation of Liability: NEITHER MERCAM INC. NOR ITS SUPPLIERS, AGENTS, OFFICERS, DIRECTORS OR EMPLOYEES SHALL HAVE ANY LIABILITY TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF YOUR USE OF THE SERVICES PROVIDED, WHATSOEVER, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUE OR PROFIT, FAILURE TO REALIZE ANTICIPATED PROFITS OR SAVINGS, LOST OR DAMAGED DATA, A MISSED LIMITATION PERIOD, OR OTHER COMMERCIAL OR ECONOMIC LOSS, EVEN IF MERCAM INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE FORESEEABLE; OR FOR CLAIMS BY A THIRD PARTY. MERCAM INC.’S MAXIMUM AGGREGATE LIABILITY AND THAT OF ITS SUPPLIERS, AGENTS, OFFICERS AND DIRECTORS TO YOU SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE SERVICES PROVIDED HEREUNDER. THE LIMITATIONS IN THIS CLAUSE SHALL APPLY WHETHER OR NOT THE ALLEGED BREACH, DEFAULT, NON-PERFORMANCE, OR FAILURE IS A BREACH OF FUNDAMENTAL CONDITION OR TERM OR A FUNDAMENTAL BREACH.
3. Expedited Service: MERCAM INC. DEFINES EXPEDITED SERVICE AS AN INITIAL ATTEMPT WITHIN 24 HOURS OF RECEIPT OF THE DOCUMENT TO BE SERVED OR UP TO THREE ATTEMPTS IN THREE DAYS. AN EXPEDITED SERVICE FEE IS ON A PER-ADDRESS BASIS AND IS ONLY AVAILABLE WHEN THE DRIVER SCHEDULES PERMIT.
4. Indemnification: YOU WILL INDEMNIFY AND HOLD MERCAM INC. HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, INCLUDING ALL LEGAL COSTS, WHICH A THIRD PARTY OR GOVERNMENT MAY ASSERT AGAINST MERCAM INC. BY REASON OF OR AS A CONSEQUENCE OF YOUR USE OF THE SERVICES.
5. Tariffs + Disbursements: AS OF JUNE 1, 2020, MERCAM INC. WILL ADD AN 8% ADMINISTRATIVE FEE TO ANY TARIFFS OR DISBURSEMENTS PAID OUT ON A CLIENT’S BEHALF. THIS INCLUDES BUT IS NOT LIMITED TO FILE RECALLS, CLAIM ISSUANCE, FILING FEES, AND CONDUCT MONEY.
6. Affidavit of Attempted Service and Affidavit in Support of a Motion for Substituted Service: AS OF JANUARY 1, 2024, MERCAM INC. WILL BE ADDING A $20.00 SURCHARGE FOR AFFIDAVIT OF ATTEMPTED SERVICE or AFFIDAVIT IN SUPPORT OF A MOTION FOR SUBSTITUTED SERVICE.