Legal

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Terms and Conditions of Use and Sale

Last Revised: August 1, 2018

Agreement to be Legally Bound by Terms: This Agreement (the “Agreement”) represents a legally binding, contractual agreement between you (“you”) and Mercku Inc. (referred to as “Mercku”, “us”, “our” or “we”).

This Agreement governs your use of any website operated by or on behalf of Mercku from which we link this Agreement(each, a “Website”) as well as your use of any of our products, including without limitation the Mercku Wi-Fi Router (“Products”).

By using a Website, including without limitation, by using any Website Content (defined below), using a Product, or clicking any button to indicate your acceptance of this Agreement, you are:

representing that you are a resident of USA or Canada (excluding Quebec), and that have reached the legal age of majority in your jurisdiction of residence; indicating your acceptance of, and agreement to be legally bound by, all of the terms and conditions of this Agreement, as they govern your access to and use of our Websites and any Products, services, materials, or information available on or through a Website; agreeing to comply with all applicable laws and regulations as they may change from time to time; and using the Website and any Products for your personal on-commercial use. IF YOU DO NOT ACCEPT AND AGREE TO BE LEGALLY BOUND BY AND COMPLY WITH ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU ARE NOT PERMITTED TO ACCESS OR OTHERWISE USE THE WEBSITE. We suggest you print a copy of these Terms for your records.

Privacy: Without limiting the generality of this Agreement, your use of a Website and/or any Product is also subject to the terms of the Mercku Privacy Policy (the “Privacy Policy”). Please carefully review our Privacy Policy. When you choose to use a Website, or use a Product, you are agreeing to the collection, use and disclosure of the information you share with Mercku and its affiliates, as explained in this Agreement and ourPrivacy Policy.

Modification of this Agreement by Mercku: Subject to applicable law, we reserve the right, in our sole and absolute discretion, to modify all or any portion of this Agreement, including without limitation, intellectual property, user content, restrictions, and the disclaimers and limitations of liability, at any time without incurring any liability or obligation whatsoever to you or any other person or entity.

If we amend this Agreement, we will post the changes to this Agreement at least thirty (30) days before the amendment comes into effect, and will indicate at the top of this page the date this Agreement was last revised. In addition, if you have registered with us or we are otherwise required to provide you notice under the applicable law, we willprovide you notice using email and/or your mailing address, or any other contact information or other information we have for you in our discretion, and setting out the new clause, or the amended clause and how it read formerly, and the date on which the change will come into effect. You may refuse the amendment and rescind, or cancel your participation without cost, penalty or cancellation indemnity, by sending us notice to that effect no later than thirty (30) days after the amendment comes into force, using the information in the notice. To the fullest extent permitted by applicable law, your continued access to and/or use of the Site and/or use of any of our Products after the date specified in such notice constitutes your full acceptance of, and agreement to be legally bound by, the terms of this Agreement, as revised.

Please check this Website regularly, so you are familiar with any changes to this Agreement.

You hereby acknowledge and agree that we reserve the right at any time to modify or discontinue the whole, or any part of, the Websites, without notice, and that we will not be responsible or liable, directly or indirectly, to you or any other person or entity for any loss or damage of any kind incurred as a result of any such modifications or discontinuance.

Providing information to Mercku: If you provide information to us through a Website or our product, you agree: (i) that you will provide complete and accurate information about yourself. You are solely responsible for the accuracy of all information that you provide to Mercku. In the event that you do not provide accurate information, or Mercku has reasonable grounds to suspect that you have not provided accurate information, Mercku shall have the right, in its sole and absolute discretion, to prevent you from using any of its Websites.

Unless otherwise indicated, all dollar amounts on the Website are in Canadian or U.S. Dollars.

Mercku Not Responsible for Errors: Information (including, but not limited to, information relating to Product descriptions, pricing, colours, promotions, offers, and/or availability) provided by Merckuon a Website are believed to be accurate at the time of publication. Unfortunately, however, there may sometimes be information on aWebsite that contains typographical errors, inaccuracies, or omissions. We reserve the right, in our sole and absolute discretion, to correct any such errors, inaccuracies or omissions if any information on a Website is erroneous or inaccurate at any time without prior notice.

Electronic Transmissions: The transmission of data or information over the internet may not be secure, and is subject to possible loss, interception or alteration. Mercku does not assume any liability for any damage you may experience or costs you may incur as a result of any electronic transmissions over the internet, other forms of networks or otherwise while using a Website. In no event will any information you provide on or through a Website be deemed to be confidential, create any fiduciary obligations to you on our part, or result in any liability to you on our part in the event that such information is inadvertently released by us or accessed by third parties without your knowledge or consent. We ask that you please not send personal or financial information to us using unencrypted e-mail messages. While efforts are made to help ensure that our Websites are suitable for use on a various mobile and other devices, you should take reasonable and appropriate precautions to ensure compatibility of any Website you visit with your specific mobile or other device.

Ownership of Websites: The Website(s) consist of various graphics, texts, icons, buttons, videos, audio and other files, images, designs, texts, trade-marks, brand names, software and other materials (collectively, the “Website Content”) that have been provided by Mercku and/or other individuals or entities. All such Website Content and the intellectual property rights all Products are owned by Mercku and/or the applicable third party. You hereby acknowledge that the Website,the Website Content, and the Products are protected to the fullest extent permitted by applicable law – including, but not limited to, copyright, trade-mark, patent and all other applicable intellectual property and other laws. Your use of a the Website, the Website Content, and/or the Products does not grant or transfer to you any ownership or other rights in the Website, the Website Content, and the intellectual property rights in the Products, and except as expressly provided, nothing herein or within the Website, the Website Content, and the Products shall be construed as conferring on you or any other person or entity any license under any of Mercku’s or any third party’s intellectual property or other rights. Any rights not expressly granted to you in this Agreement are expressly reserved.

You may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit the Website, the Website Content, and/or the Products, in whole or in part, except as expressly authorized by Mercku.

For greater certainty and the avoidance of any doubt, you agree that you will not take any action that is inconsistent with Mercku’s ownership of, or any third party’s ownership of, the Website, the Website Content, and the intellectual property rights in the Products. You are hereby expressly prohibited from removing any proprietary notice of Mercku, or any third party, from any copy of a Website, the Website Content, and/or the Products.

Trade-Marks: Certain names, graphics, logos, icons, designs, words, titles or phrases contained within a Website, the Website Content, and the Products may constitute trade names, registered or unregistered trade-marks or service marks (collectively, “Trade-marks”) of Mercku or other third party individuals or entities.

Trade-marks may be unregistered or registered in the United States, Canada and in other countries, as applicable. All Trade-marks not owned by Mercku are the property of their respective owners, and, where used by Mercku are used under license or with permission. All Trade-marks are and shall remain the sole and exclusive property of their respective owner(s). Any use of such Trade-marks, except as expressly provided for herein, without the express written consent of the applicable owner is strictly prohibited. Nothing contained herein or on a Website, the Website Content, and the Products may be construed as granting, by implication, estoppel, or otherwise, any license to use any Trade-mark(s). You agree that you will not take any actions inconsistent with Mercku’s ownership of, or any third party’s ownership of, the Trade-marks.

If you wish to incorporate any Trade-marks within another site or content, you must contact us and request our written permission, which may be withheld in our sole and absolute discretion.

Limited Licenses: Limited Licenceto use Website: Upon your acceptance of the terms and conditions of this Agreement, you will be permitted to use our Website(s). Subject to the terms and conditions in this Agreement, Mercku hereby grants you a limited, non-sublicenseable, non-assignable, non-exclusive, non-transferable and fully revocable license to use the Website Content for your own personal and non-commercial use (provided all original copyright, trade-mark and other notices are preserved in their original form). This limited license does not include any rights not specifically enumerated herein. You agree that you shall not take or permit any action with respect to a Website or any Website Content that is not expressly authorized under this limited licence. Your limited license to use our Website(s) and the Website Content is automatically revoked upon termination or expiration of this Agreement (whichever occurs first). Limited Licence to Use Software Embedded in our Products: If you have purchased a Mercku Product, your use of any software embedded in the such Product (“Software”) is governed by this Agreement. You are prohibited from copying or redistributing the Software, including any copying or redistribution of the Software to any other server or location. Subject to your compliance with the Agreement, Mercku grants you a non-assignable, non-transferable, non-sublicensable, revocable, non-exclusive license to use the Software for the sole purpose of enabling you to use the Product in the manner permitted by this Agreement, and any documentation provided to you with the Product. The Software is proprietary software of Mercku and its licensors and you agree not to take any action or enter any agreement that would result in any contractual requirement that Mercku or its licensors make available the Software source code to any third party. Updates: Mercku may from time to time develop patches, bug fixes, updates, upgrades and other modifications to the Software (“Updates”). Depending on the nature of the Update, you acknowledge that you may be required to install Updates to continue use of, or access to the full functionality of, the Products and you agree to promptly install such Updates. Additional Restrictions: Without limiting the generality of any other aspect of this Agreement, you agree that you shall not:

use, copy, modify, download or transfer a Website or any Website Content, in whole or in part, except as expressly provided in this Agreement; reverse engineer, disassemble, decompile, or translate a Website or any Website Content or any Product; frame or utilize framing techniques to enclose any trademark, logo, or the Website or any Website Content (including images, text, page layout or form); use any metatags or other “hidden text” using Mercku’s name or trademarks; attempt to derive the source code of a Website or any Website Content or any Software; (iii) create any derivative work from a Website or any Website Content or any Software; and/or (iv) authorize or assist any third party to do any of the foregoing; rent, lease, loan, resell, or otherwise distribute a Website or any Website Content; remove or alter any proprietary notice or legend regarding Mercku’s, or any third party’s, proprietary rights in a Website or any Website Content or any Product or any Software; use a Website or any Website Content or any Product except in accordance with the terms of this Agreement and all applicable laws and regulations; use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from Website or any Website Content (except operators of public search engines have revocable permission to use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); and/or use a Website or any Website Content or any Product: (i) to defraud any third party; (ii) to distribute obscene or other unlawful materials or information; and/or (iii) to disseminate or encourage conduct that could constitute a criminal offence or give rise to any form of liability. User Conduct and User Content: Certain features and/or portions of a Website may permit you to upload, post or otherwise transmit content that you have created (the “User Content”). You hereby agree that you shall not use a Website to upload, post, communicate or otherwise submit or transmit through, or to, a Website any User Content that:

may, in the sole and absolute discretion of Mercku, degrade, tarnish, disparage, or deprecate Mercku, and/or any of its Products or services, including without limitation any Website, and/or the public image or standing in the community of Mercku or any of its affiliates; is deemed, in the sole and absolute discretion of Mercku to be defamatory, trade libelous, pornographic or obscene; is deemed, in the sole and absolute discretion of Mercku, to contain, depict, include, discuss or involve, without limitation, any content that is or could be considered inappropriate, unsuitable or offensive, all as determined by Mercku in its sole and absolute discretion; contains any reference to or likeness of any identifiable third parties, unless consent has been obtained from each such individual and his/her parent/legal guardian if he/she is under the legal age of majority in his/her jurisdiction of residence; infringes, or might infringe, the intellectual property rights, privacy rights, rights of publicity, or other proprietary rights of other persons or entities, or give rise to any claims whatsoever; contains any viruses, trojan horses, time bombs, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; and/or contains (in any format or media) any music, logos, trade-marks or other copyrighted materials (including, but not limited to, photographs, pictures, texts and lyrics) unless you have first obtained all necessary consents and permissions from the owner or owners of such materials.

Sharing User Content: You understand that any User Content you choose to share via a Website may be copied, used, modified, or distributed by any other users. Further, you understand that once your User Content is shared, it cannot always be withdrawn. You assume all risks associated with your User Content – including, but not limited to, any third party’s reliance on its quality, accuracy, or reliability, or any disclosure of information in your User Content that makes you or others personally identifiable. You hereby agree that Mercku has no responsibility or liability whatsoever for any such activities. You also agree and understand that your User Content is not sponsored or endorsed by Mercku, and you will not imply that your User Content is in any way sponsored or endorsed by Mercku. Please consider carefully what User Content you choose to share.

License to use User Content: By providing User Content, you: (i) grant to Mercku a world-wide, perpetual, irrevocable, transferable, sub-licensable, royalty-free, non-exclusive and unrestricted license to copy, reproduce, adapt, transmit, edit, modify, publicly display, distribute, translate and create compilations and derivative works from,or otherwise use, any and all User Content (in any format or media) that you post on, upload or otherwise submit to or through, a Website; and (ii) waive all moral rights in and to all User Content that you post on, upload or otherwise submit to or through, a Website in favour of Mercku and anyone authorized by Mercku to reproduce or otherwise use such materials. For greater certainty and the avoidance of any doubt, this means that, among other things, Mercku has the right to use any and all User Content and ideas you submit in any manner without any further notice or obligation to you whatsoever. None of the User Content you post on, upload or otherwise submit to or through, the Website will be deemed confidential.

Confidentiality: The structure, organization and source code of our Website(s) are the valuable trade secrets and proprietary confidential information of Mercku and its licensors. You agree not to provide or disclose to any third party any such confidential information that is or that may be contained in and/or derived from a Website or any component of a Website (including, without limitation, the Website Content).

Intellectual Property Concerns: If you are a copyright or trade-mark owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright or trade-mark, you agree to promptly report any alleged copyright or trade-mark infringements taking place on or through a Website by providing a written notice with the following information:

Identification of the copyrighted work or trade-mark that you claim has been infringed; Identification of the allegedly infringing content, and information reasonably sufficient to permit Mercku to locate it; A statement by you that you have a good faith belief that the use of the content identified in your notice in the manner complained of is not authorized by the copyright/trade-mark owner, its agent, or the applicable law; A statement by you that you attest that the information in your notice is accurate and that you are the copyright/trade-mark owner or otherwise authorized to act on the owner's behalf; and Your physical or electronic signature, together with your contact information (address, telephone number and, if available, email address). Deliver the notice to us at the following address:

Mercku Inc.

509 Beaver Creek Rd Waterloo ON N2V 2L3 Canada

No Duty to Correct Errors: Without limiting any other provision(s) of this Agreement, you acknowledge and agree that Mercku has no obligation whatsoever under this Agreement or otherwise to correct any defects or errors in a Website or any component of a Website (including, without limitation, the Website Content), regardless of whether you inform Mercku of such defects or errors or Mercku otherwise is, or becomes aware of, such defects or errors.

Indemnity: You agree to indemnify and hold Mercku and its affiliates, and the officers, directors, employees, agents and representatives of each of them (collectively, the "Mercku Entities") harmless from any and all claims, losses, liabilities, damages, suits, actions, costs, penalties and demands arising out of or relating, directly or indirectly, to: (i) our access to and/or use of a Website or any component of a Website (including, without limitation, the Website Content), (ii) your violation of any of the terms and conditions of this Agreement; and/or (iii) the infringement by you of any intellectual property or other right of any person or entity. You agree that Mercku may assume the exclusive defense and control of any matter for which you are required to indemnify Mercku and you agree to cooperate, at your cost, with our defense of these claims. You agree not to settle any matter without the prior written consent of Mercku. Mercku will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

Disclaimer ofWarranties: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EACH WEBSITE, THE WEBSITE CONTENT, THE SOFTWARE,AND, WITH THE EXCEPTION OF OUR WRITTEN MANUFACTURER’S LIMITED WARRANTY, THE PRODUCTS,ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY REPRESENTATIONS, CONDITIONS OR WARRANTIES WHATSOEVER. THE ENTIRE RISK ASSOCIATED WITH THE USE OF A WEBSITE, THE WEBSITE CONTENT, THE PRODUCTS AND SOFTWARE RESIDES WITH YOU. MERCKUEXPRESSLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL OTHER REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, NON-INTERFERENCE AND/OR QUIET ENJOYMENT, SYSTEM INTEGRATION, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND ACCURACY.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MERCKUMAKES NO REPRESENTATION OR WARRANTY THAT: (I) A WEBSITE, THE WEBSITE CONTENT, THE PRODUCTS OR SOFTWAREWILL BE COMPATIBLE WITH YOUR COMPUTER, MOBILE OR OTHER DEVICE AND/OR SOFTWARE; (II) A WEBSITE, THE WEBSITE CONTENT, THE PRODUCTS OR SOFTWAREWILL BE AVAILABLE OR WILL FUNCTION WITHOUT INTERRUPTION OR ERROR; (III) THE USE OF THE WEBSITE, THE WEBSITE CONTENT, THE PRODUCTS OR SOFTWARE, INCLUDING, WITHOUT LIMITATION, THE BROWSING AND DOWNLOADING OF ANY INFORMATION OR MATERIAL, WILL BE FREE OF ANY VIRUSES, TROJAN HORSES, WORMS OR OTHER DESTRUCTIVE, INTRUSIVE OR DISRUPTIVE COMPONENTS; (IV) THE TRANSMISSION OF INFORMATION TO AND FROM A WEBSITE WILL BE SECURE; (V) THE USE OF A WEBSITE OR ANY COMPONENT OF THE WEBSITE (INCLUDING, WITHOUT LIMITATION, THE WEBSITE CONTENT), THE PRODUCTS OR SOFTWARE WILL NOT INFRINGE THE RIGHTS (INCLUDING, WITHOUT LIMITATION, INTELLECTUAL PROPERTY RIGHTS) OF ANY PERSON OR ENTITY; OR (VI) THE USE OF A WEBSITE OR ANY COMPONENT OF A WEBSITE (INCLUDING, WITHOUT LIMITATION, THE WEBSITE CONTENT), THE PRODUCTS OR SOFTWARE WILL NOT CAUSE ANY DAMAGE TO YOUR COMPUTER, MOBILE OR OTHER DEVICE, SOFTWARE OR ELECTRONIC FILES.

YOU ACKNOWLEDGE AND AGREE THAT THE WEBSITES AND THE PRODUCTS AND SOFTWARE, WHETHER STANDING ALONE OR WHEN INTERFACED WITH OTHER PRODUCTS OR THIRD-PARTY PRODUCTS OR SERVICES, ARE NOT CERTIFIED FOR EMERGENCY RESPONSE, OR ANY OTHER HIGH RISK ACTIVITIES. YOU AGREE THAT YOU WILL NOT RELY ON THE PRODUCTS OR SOFTWAREFOR EMERGENCY RESPONSE OR ANY OTHER LIFE SAFETY OR CRITICAL PURPOSES. WITHOUT LIMITING THE FOREGOING, NONE OF THE PRODUCTSOR SOFTWARE ARE DESIGNED, MANUFACTURED OR INTENDED FOR THE OPERATION OF NUCLEAR FACILITIES, AIR TRAFFIC CONTROL, EMERGENCY AND SAFETY SERVICES, HEALTHCARE FACILITIES, HOSPITALS, LIFE SUPPORT SYSTEMS OR ANY CRITICAL ENVIRONMENT, WHERE THE USE OR FAILURE OF THE PRODUCTS OR SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY OR ENVIRONMENTAL DAMAGE (COLLECTIVELY, “HIGH RISK ACTIVITIES”). YOU AGREE THAT YOU WILL NOT USE THE PRODUCTS OR SOFTWARE FOR ANY HIGH RISK ACTIVITIES.

IT IS YOUR RESPONSIBILITY TO HAVE ANY OTHER EQUIPMENT, PRODUCTS OR SERVICES NECESSARY TO USE THE MERCKU PRODUCTS. THIS MAY INCLUDE WITHOUT LIMITATION, A COMPUTER, MOBILE DEVICE, AND WI-FI INTERNET ACCESS SECURED THROUGH AN INTERNET SERVICE PROVIDER IN YOUR JURISDICTION. MERCKU IS NOT RESPONSIBLE FOR THE PERFORMANCE OF ANY THIRD PARTY PRODUCT OR SERVICE, OR FOR THE INTEROPERABILITY OF ANY THIRD PARTY PRODUCT OR SERVICE WITH OUR PRODUCTS. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR ALL FEES CHARGED BY YOUR INTERNET SERVICE PROVIDER IN CONNECTION WITH YOUR USE OF THE PRODUCTS. YOU ALSO ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE AGREEMENTS, TERMS OF USE/SERVICE, AND OTHER POLICIES OF YOUR INTERNET SERVICE PROVIDER.

ANY PRODUCTS, SOFTWARE AND/OR SERVICES DESCRIBED ON A WEBSITE OR ANY COMPONENT OF A WEBSITE (INCLUDING, WITHOUT LIMITATION, THE WEBSITE CONTENT) ARE OFFERED IN JURISDICTIONS WHERE THEY MAY BE LEGALLY OFFERED FOR SALE.

THE INFORMATION AVAILABLE ON OR THROUGH A WEBSITE OR ANY COMPONENT OF A WEBSITE (INCLUDING, WITHOUT LIMITATION, THE WEBSITE CONTENT) IS NOT AN OFFER OR SOLICITATION BY ANYONE IN ANY JURISDICTION IN WHICH AN OFFER OR SOLICITATION CANNOT LEGALLY BE MADE, OR TO ANY PERSON TO WHOM IT IS UNLAWFUL TO MAKE A SOLICITATION.

ANY AND ALL INFORMATION OBTAINED FROM OR THROUGH A WEBSITE IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED TO PROVIDE SPECIFIC ADVICE AND SHOULD NOT BE RELIED UPON IN THAT OR ANY OTHER REGARD. YOUR RELIANCE ON ANY INFORMATION OBTAINED FROM OR THROUGH A WEBSITE IS SOLELY AT YOUR OWN RISK.

COMMENTS OR OPINIONS EXPRESSED ON A WEBSITE ARE THOSE OF THE RESPECTIVE WEBSITE USER ONLY. COMMENTS OR OPINIONS EXPRESSED ON A WEBSITE AND IN USER CONTENT DO NOT NECESSARILY REPRESENT OR REFLECT THE VIEWS OF MERCKU. THE MERCKUENTITIES ARE NOT RESPONSIBLE FOR, AND DISCLAIM ALL LIABILITY IN RELATION TO, ANY AND ALL USER CONTENT POSTED, UPLOADED OR OTHERWISE SUBMITTED TO OR THROUGH A WEBSITE.

Limitation of Liability: TO THE FULLEST EXTENT PERMITTED BY LAW, THE MERCKU ENTITIES WILL NOT UNDER ANY CIRCUMSTANCES BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES WHATSOEVER ARISING FROM, CONNECTED WITH, OR RELATING TO, DIRECTLY OR INDIRECTLY, A WEBSITE, ANY COMPONENT OF A WEBSITE (INCLUDING, WITHOUT LIMITATION, THE WEBSITE CONTENT) OR ANY PRODUCTS OR SOFTWARE. YOU EXPRESSLY ACKNOWLEDGE THAT MERCKU HAS ENTERED INTO THIS AGREEMENT WITH YOU AND MAKES ITS WEBSITE(S) AND EACH COMPONENT OF EACH WEBSITE (INCLUDING, WITHOUT LIMITATION, THE WEBSITE CONTENT) AND PRODUCTS AND SOFTWARE AVAILABLE TO YOU, IN RELIANCE UPON THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND THE DISCLAIMERS SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND MERCKU. YOU EXPRESSLY AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND THE DISCLAIMERS SET FORTH HEREIN WILL SURVIVE, AND CONTINUE TO APPLY IN THE CASE OF A FUNDAMENTAL BREACH OR BREACHES, THE FAILURE OF ESSENTIAL PURPOSE OF CONTRACT, THE FAILURE OF ANY EXCLUSIVE REMEDY, OR TERMINATION OF THIS AGREEMENT.

Governing Law: This Agreement, your use of a Website, Productand/or Software, and all related matters shall be governed solely by the domestic laws of the Province of Ontario, Canada and the federal laws of Canada applicable therein, without regard to the conflicts of law provisions of any jurisdiction. You hereby irrevocably submit to the exclusive jurisdiction of the courts of the Province of Ontario in relation to all disputes arising from or related to this Agreement, your use of a Website, Product and/or Software and any related matters.

Termination: If you breach any provision of this Agreement (as determined by Mercku in its sole and absolute discretion), then you may no longer use our Website(s) or any component of our Website(s) (including, without limitation, the Website Content), or any Products and/or Software. We may, in our sole and absolute discretion, change, suspend or terminate, temporarily or permanently, a Website or any component of a Website (including, without limitation, the Website Content) or any of its features at any time, for any reason, without any notice or liability to you or any other entity. If this Agreement or your permission to use a Website, Product or Software is terminated by us for any reason, the agreement formed by your acceptance of this Agreement will nevertheless continue to apply and be binding upon you in respect of your prior use of our Website(s), Products and/or Software and anything relating to or arising from such use. If you are dissatisfied with a Website or any component of a Website (including, without limitation, the Website Content)or any Products and/or Software, then your sole and exclusive remedy is to discontinue using our Website(s), Products and Software.

Language: To the extent Mercku translates this Agreement into other languages for your convenience or as required by applicable law, the English version governs your relationship with Mercku, and any inconsistencies among the different versions will be resolved in favour of the English version. The parties expressly wish that the Terms, Policy and any related documents be drafted and executed in English. C'est la volonté expresse des parties que les conditions, la politique et tous les documents qui s'y rattachent soient rédigés et signés en anglais.

General: If any provision of this Agreement is held invalid or unenforceable by any court having competent jurisdiction, such provision shall be enforced to the maximum extent permitted by applicable law, and the remaining provisions of this Agreement shall continue in full force and effect. No failure to exercise or waiver of any provision of this Agreement shall be deemed to be a further or continuing waiver of such provision or any other provision of this Agreement. This Agreement is binding upon you, your heirs, executors, beneficiaries, successors and assigns and you may not assign this Agreement to any other party without our prior written consent, which consent may be withheld in our sole and absolute discretion. This Agreement (including the various additional terms incorporated herein by reference) constitutes the entire agreement between you and Mercku with respect to the subject matter hereof, and supersedes any and all prior agreements, negotiations, or other communications between you and Mercku, whether oral or written, with respect to the subject matter hereof, and, except as expressly provided herein, cannot be modified except in writing signed by both of us. You agree to abide by all applicable laws in your use of the Website and the Mercku Products and Software, including export control laws and similar regulations governing the transfer of software and other technology outside of Canada or other jurisdictions. Questions: Questions? If you have any questions or concerns regarding our Website(s), Products, Software or the terms and conditions of this Agreement, please contact us at:

Mailing Address: 509 Beaver Creek Rd. Waterloo, Ontario, N2V2L3

Email Address: service@mercku.com

Privacy Policy

Last revised August 1, 2018

Mercku Inc. (“Mercku”), respects your privacy. This privacy policy (“Privacy Policy”) tells you what personal information we collect, and how we use and disclose this information. This Privacy Policy also describes other important topics relating to your privacy.

By using the Mercku website at https://www.mercku.com/ (the “Site”), or by choosing to submit personal information to Mercku, you consent to all of the terms of this Privacy Policy. If you do not agree with any terms of this Privacy Policy, please do not use this Site, or submit any personal information to Mercku.

What Personal Information Mercku Collects

Personal information is information about an identifiable individual, such as your name, address, telephone number, email address, or your payment information(“Personal Information”). We collect Personal Information when you voluntarily provide it through our Site, or when you provide it to us through other means. For example, we may collect Personal Information when you:

Provide us with information on our through our Site or other means, for example by signing up to receive email from us;
Purchase a Product that we offer for sale;
Contact us through e-mail, telephone, mail, or other correspondence;

We may automatically collect technical information generated when you use our Product such as:
The power usage of your Product, its configurations, settings, performance;
Performance statistics, including network Internet service provider (ISP), network speeds, and other Product data (e.g., CPU, temperature, memory);
Network bandwidth usage statistics (i.e. the volume of data transferred and the protocol of packets)
MAC addresses for Devices and connected devices, IP addresses and network SSID; and
User profile names, firmware data, device hostnames, Wi-Fi channel usage information, types of connected devices, the association of devices with a specific profile, Application clickstreams, and Wi-Fi signals from other Wi-Fi systems in the area.
We refer to this information collectively as ("Device Information”); or

Otherwise provide us with Personal Information.
The Personal Information we may collect may include your first and last name, address, telephone number, and e-mail address. If you choose to make a purchase, we and/or our service providers may collect your payment and shipping information. We also collect any other Personal Information that you choose to submit to us.

We may also collect analytical and usage data when you visit our Site. Please read the next section for more information on how we collect such data.

How We Collect Information when you Visit our Site

When you visit our Site, we may collect information that is sent to us by your web browser or your internet service provider. This information may include your domain name and your numerical IP address, and, if you visit our Site using a mobile device, an identifier associated with the device you use to access our Site. We may also collect other information (such as the type of browser you use, which pages you view on our Site, what you search for on our Site, how long you spend on our Site, what parts of it you view, and the files you request). We use this information to better understand how visitors use and interact with our Site, and to improve our Site. The amount of information that is sent by your web browser or device depends on the browser and settings you use. Please refer to the instructions provided by your browser or device if you want to learn more about what information it sends, or how you may change or restrict this.

We may use a feature on your browser called a "cookie" and/or other similar devices. Cookies are small files that your web browser places on your computer's or device’s hard drive. They are used for a variety of reasons, such as tracking click streams, and for load balancing. Information tracked through these mechanisms may include, but is not limited to: (i) your IP address; (ii) the type of web browser and operating system being used; and (iii)the pages of the Site you visit. Your browser gives you the option to reject cookies. However, setting your browser to reject cookies generally hinders the browser's performance and will adversely affect your experience while using our Site.

Our Site may embed plugs-ins, widgets or other apps of various social media platforms, such as Facebook or Twitter. When you encounter those embedded objects, your internet browser may make a direct connection to the social media platform’s service and may share with the social media platforms information such as which of our Sites you have visited. Our Sites may also be made available through third party social media platforms. If you choose to interact with us using your social media account, we may collect certain information from your social media account including your public profile, user name, stated location, and other interactions on that social media platform (such as interests and likes). The information we may have access to will vary by social media platform and is controlled by privacy settings on that platform and your choices on that platform. Your use of services on third party social media platforms are governed by the privacy statement and other terms of use for that third party social media platform, until such information is shared with us, and then such information is also subject to this Privacy Policy as well.

We use Google Analytics, which uses cookies and similar technologies to collect and analyze information about use of our Site and report on activities and trends. This service may also collect information regarding the use of other websites, apps, and online resources. You can learn about Google’s practices by going to google.com/policies/privacy/partners, and opt out of them by downloading the Google Analytics opt-out browser add-on, available at tools.google.com/dlpage/gaoptout

How Mercku Uses and Discloses Personal Information

The Personal Information we collect may be used by Mercku for the purposes for which it was collected, as provided in this Privacy Policy, or for other purposes that are disclosed to you and to which you consent. For example, we may use your Personal Information to:

Operate our Site in accordance with its terms and conditions;
We may use Usage Information to help you implement ‘parental controls’ and prevent the use of our Product in viewing certain content based on your settings, and to help diagnose the functioning of the Product if there is an error;
We use Device Information to allow our Products to function, and to help you if an issue arises and you ask for our support;
We also use Device Information on an aggregated basis to learn about the use and performance of our Products and help us develop new ones;
Facilitate, complete or confirm a purchase you choose to make using a Site, including facilitating payment for your purchase;
To ship your order to your designated shipping address;
Respond to your questions or inquiries, and to communicate with you regarding our services, including by email and telephone;
To provide you with assistance using our Product, including through diagnosing performance issues;
Conduct market research and surveys;
Conduct promotional activities, including contests;
Analyze and improve our Products and Sites (including developing new products and services; managing our communications; analyzing our products; performing market research; performing data analytics; improving safety; and performing accounting, auditing and other internal functions);
Send you informational or promotional communications that you have agreed to receive;
Carry out other purposes that are disclosed to you and to which you consent;
Carry out any other purpose permitted or required by law.
Personal Information collected online may be combined with information you have provided to Mercku through other sources such as over email or the telephone.

If you have provided us with your Personal Information, but later decide you no longer want us to send you any commercial/marketing information from us, you may unsubscribe by using the unsubscribe message in our commercial communications.

We may transfer your Personal Information to third party service providers that assist us with carrying out these purposes. For example, we may use a data processing contractor to host our Site, and we may use a third party payment processor to process payments.

We reserve the right to transfer any Personal Information we have about you in the event that we merge with or are acquired by a third party or should any such transaction be proposed. We may also use, or disclose your Personal Information to third parties, if we have reason to believe that using or disclosing such information is necessary to: (i) conduct investigations of possible breaches of law; (ii) identify, contact, or bring legal action against someone who may be violating an agreement they have with us; investigate security breaches or cooperate with government authorities pursuant to a legal matter; or (iv) to protect our rights, safety or property.

Lastly, we may disclose your Personal Information for any other purpose to which you Consent.

How we Protect Personal Information

The security of your Personal Information is important to us. We protect your Personal Information by maintaining physical, organizational and technological safeguards intended to help protect against unauthorized use, disclosure or access. Personal Information may be accessed by persons within our organization, or our third party service providers, who require such access to carry out the purposes described in this Privacy Policy, or such other purposes as may be permitted or required by the applicable law. Personal Information we collect is managed from our offices in Waterloo, Ontario.

We retain Personal Information that we collect as long as reasonably necessary to fulfill the purposes for which it was collected or to meet any legal requirements.

Although we have taken measures to help protect our Site, computer systems and any Personal Information that we have collected from unauthorized use, access, disclosure, misuse, alteration or destruction, no security measures can provide absolute protection. We cannot ensure or warrant the security of any information you provide to us.

Some or all of the Personal Information we collect may be stored or processed on servers located outside your jurisdiction of residence, including in the United States and the European Union, whose data protection laws may differ from the jurisdiction in which you live. As a result, this information may be subject to access requests from governments, courts, or law enforcement in those jurisdictions according t o laws in those jurisdictions.

Accessing and Correcting your Information

You have a right to request access to your Personal Information and to request a correction to it if you believe it is inaccurate. If you have submitted Personal Information to Mercku and would like to have access to it, or if you would like to have it corrected, please contact us using the contact information provided below. We will use reasonable efforts to comply with your request; however, in some cases we may not be able to allow you to access certain Personal Information in certain circumstances, for example if it contains Personal Information of other persons, or for legal reasons. We may require you to verify your identity before allowing you to access your Personal Information.

Children and Parents

Mercku does not knowingly collect Personal Information from children. If a child has already provided us with Personal Information, his or her parent or guardian may contact us for the purpose of deleting this information.

Third Party Links and Content

The Site may contain links to other third party websites, or may incorporate advertising or content hosted and served by third parties over which we have no control and which are governed by the privacy policies and business practices of those third parties. These other websites and this content may have their own privacy policies and terms and conditions that are not governed by this Privacy Policy. We are not responsible for the privacy practices or the content of any third parties.

Other websites may collect and treat information collected differently, so we encourage you to carefully read and review the privacy policy for each website you visit. Any links from this Siteto other websites, or references to products, services or publications other than those of Mercku, do not imply the endorsement or approval of such websites, products, services or publications by Mercku.

Changes to this Policy

Mercku reserves the right to change this Privacy Policy at any time. We will reflect any changes to this Privacy Policy on our Site and will indicate the date this Privacy Policy was last amended. If you access and/or use the Site, or provide us with Personal Information after any such changes, you agree to this Privacy Policy as revised.

Please periodically review this Privacy Policy so that you know what Personal Information we collect, how we use it, and with whom we may share it.

How to Contact Us

If you have any questions regarding this Privacy Policy, any Personal Information you have submitted to us, or if you would like to:

access Personal Information that you have already provided to us so that you can correct or update it;
request the deletion of Personal Information regarding your minor child; or
report any violation of this Privacy Policy;
Please advise us by contacting our Privacy Officer by writing to 509 Beaver Creek Rd. Waterloo, Ontario, N2V2L3

Warranty

Mercku Manufacturer’s Limited Warranty Terms and Conditions

Warranty Period

Mercku Inc. (“Mercku”) warrants to the original purchaser of our manufactured router product ( “Product”) that the hardware components of the Product are free from defects in materials and workmanship for a period of one (1) year from the date of original purchase, when used under normal conditions and consistent with all applicable Product documentation and instructions, subject to the other terms in this Product Warranty (“Product Warranty”).

Warranty Service

If we determine that the hardware components of a Product subject to this Product Warranty do not conform to this Product Warranty during the warranty period, we will, at our option, repair or replace the Product, or refund the original purchase price of the Product.

Return Materials Authorization (RMA) and Warranty Claim Process

To claim this Product Warranty, you must obtain an RMA during the warranty period. To obtain an RMA, you must contact us at a service@mercku.com, and provide any information they request, which may include your initial proof of purchase. At the time of requesting warranty service, you must present satisfactory evidence of the original purchase date. You will be responsible for delivering the Product to the designated RMA address, freight prepaid, for warranty service, using the contact information stated in this section. If we choose to repair or replace the Product, we will pay the return freight for the Product to your residence in Canada using a service of our choice. You may request shipping upgrades, and if we are able to and choose to allow them, you will be solely responsible for, the payment of any such shipping upgrades. Any Product shipped to us under an RMA, but which is not covered by this Product Warranty, will not be returned.

If you send the Product us, you must properly pack the Product. Mercku is not responsible for damage in transit. Mercku reserves the right to use refurbished, reconditioned, repaired or remanufactured Products or parts in the warranty repair or replacement process. Products repaired or replaced under this Product Warranty are warranted for the remainder of the original warranty period.

Mercku Inc.

51 Breithaupt Street, Suite 100.

Kitchener, ON. Canada N2H 5G5

service@mercku.com

Limitations of Warranty and Liability

Subject to applicable law, this Product Warranty is provided only to the original consumer purchaser of the Product and is not transferable from the original consumer purchaser. To the maximum extent permitted by applicable law, no representation or warranty is made with respect to any services that may be delivered or made available in connection with the Product.

To the maximum extent permitted by applicable law, this limited Product Warranty represents Mercku 's sole obligation and your sole remedy for any defective Products. This Product Warranty is exclusive and in lieu of any other warranties and conditions, express or implied. MERCKU DISCLAIMS AND EXCLUDES ALL OTHER EXPRESS WARRANTIES AND CONDITIONS, AND DISCLAIMS AND EXCLUDES ALL WARRANTIES AND CONDITIONS IMPLIED BY LAW, INCLUDING WITHOUT LIMITATION THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Some jurisdictions do not allow limitations on implied warranties, so the above limitation may not apply to you.

Whenever possible, each provision of this Product Warranty shall be interpreted as to be effective and valid under the applicable law, but if any provision is held to be prohibited or invalid, such provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the other remaining provisions of this Product Warranty.

Warranty Exclusions

This Product Warranty does not apply to any Product that we determine has been, in any way: dis-assembled, modified or altered, other than by us or as authorized by us; painted, rebranded or physically modified; improperly installed or not used at all times in accordance with the applicable Product documentation and instruction; damaged due to improper cabling or installation; subjected to misuse, abuse, negligence,accident,improper or insufficient maintenance; damaged due to environmental or natural elements, fire, flood or other act of God,improper voltage supply or power surges ,or abnormal physical, electromagnetic or electrical stress; damaged or impaired as a result of the use of third-party hardware, firmware or software; or, has or had its original label removed, altered, or defaced; or, has not been received by us within thirty (30) days of issuance of the RMA. This Product Warranty does not, among other things, cover labor cost for removing and reinstalling a Product for repair, any consumable parts that are readily replaced in normal use, problems caused by normal wear and tear or otherwise due to the normal aging of the Product, or cosmetic damage.

EU Declaration of Conformity

Please contact: contact@mercku.com for more information

GDPR Statement

Please contact: contact@mercku.com for more information

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