TheMercyTable.net Terms of Service / Terms of Use
Last Updated 1/21/2025
TheMercyTable.net (“Website) is an online source of information and marketplace operated by Mercy Table Inc based in Indiana. Please review the following terms and conditions (“Terms of Service”) and our other policies that govern your visit to our Website, and your use of our Website, and the related products and services available on or through our Website (the “Service(s)”). Mercy Table Inc reserves the right, at any time, to modify or update our Website, policies and these Terms of Service.
Your Consent and Use of our Website
Your use of our Website constitutes your acceptance of, and agreement to follow and be bound by the Terms of Service, and any further policies or terms that govern your use of our Website and/or Services, which are all incorporated herein by reference (collectively, this “Agreement”). IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, PLEASE DO NOT USE OUR WEBSITE.
We may from time to time change or modify the terms and conditions that govern your use of our Website, Services and this Agreement. Your use of our Website and Services following any such change constitutes your agreement to follow and be bound by the terms and conditions as changed. We may terminate your right to and deny you access to this Website, or remove any material you may have posted at our Website if, in our sole discretion, you fail to comply with any term or provision of this Agreement, or for any other reason whatsoever. Except as otherwise provided herein, however, Mercy Table Inc undertakes no obligation to police, supervise, or monitor materials posted to this Website by you or other third parties.
Use of this Website is limited to persons over the age of thirteen (18) who are residents of the United States. This Website is not directed to persons under 13 years old or residents outside the United States. The policy of Mercy Table Inc, as the operator of this Website, is NOT to knowingly collect any personal information from persons under 13, including “individually identifiable information”, as defined by the Childrens Online Privacy Protection Act (COPPA). If you are under 13, you should leave our Website without providing any information about yourself. Any access to or use of this Website or Services by anyone under the age of majority requires consent to this Agreement by a parent or legal guardian. By accessing or using our Website and/or Services, you represent and warrant to us that you are either over the age of majority or have obtained proper consent from a parent or legal guardian to your use of our Website, Services and this Agreement. By using our Website and Services, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.
PROHIBITED USES. Mercy Table Inc imposes certain restrictions on your permissible use of our Website. You are prohibited from violating or attempting to violate any security features of our Website, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of our Website, or any associated system, service or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to our Website, overloading, “flooding”, “spamming”, “mail bombing” or “crashing”; (d) using our Website to send unsolicited email, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any email or post using our Website; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Mercy Table Inc in providing our Website. Any violation of system or network security may subject you to civil and/or criminal liability. Without limiting the foregoing, you may not use bots, spiders or intelligent agent software (or similar technologies) for any purposes other than accessing publicly posted portions of our Website and only for purposes consistent with this Agreement. You may not circumvent any access or use restrictions, data encryption or content protection related to our Website. You may not data mine our Website or in any way cause harm to our Website.
Website Contents and Intellectual Property Rights
Unless otherwise noted, the design of our Website, our Website as a whole, and all materials that are part of our Website and Services (collectively, “Contents”) are copyrights, trademarks, trade dress or other intellectual properties owned, controlled or licensed by Mercy Table Inc or its subsidiaries and affiliates. No right, title or interest in any of the information, material, or other Contents of this Website is granted to you under any circumstances, and Mercy Table Inc reserves and retains all intellectual property rights in and to our Website and its Contents. Linking or framing to this Website or any of its Contents is prohibited without the prior written permission of Mercy Table Inc.
Except as expressly noted herein, you may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, any of the Contents or our Website. Unauthorized use or copying (including electronic copying or downloading) of our Website and Contents without Mercy Table Inc’s express written consent is expressly prohibited by law, and may result in severe civil and criminal penalties.
Opinions, advice, statements, testimonials, reviews, offers or other information or content made available on this Website or through our Services, but not directly by us, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content.
Disclaimer of Warranties and Limitation of Liabilities
ALL USE OF THIS WEBSITE, ANY INFORMATION, CONTENT, PRODUCTS, OR SERVICES HEREIN CONTAINED OR PROVIDED AT OR PURCHASED FROM THIS WEBSITE, AND ANY FUNCTIONALITY OR SOFTWARE OR PROGRAMMING CONTAINED OR PROVIDED AT THIS WEBSITE, IS PROVIDED ON AN AS IS BASIS WITHOUT GUARANTEE OR WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY, PROMISE OR GUARANTEE OF ANY KIND THAT (A) OPERATION OF OUR WEBSITE AND/OR SERVICES WILL BE CONTINUOUS, TIMELY, UNINTERRUPTED, SECURE, OR THAT THIS WEBSITE OR ITS SERVER ARE FREE OF ERRORS, VIRUSES OR OTHER HARMFUL EFFECTS; (B) OUR WEBSITE OR SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (C) THE RESULTS THAT MAY BE OBTAINED FROM USE OF OUR WEBSITE, PRODUCTS OR SERVICES WILL BE EFFECTIVE, TYPICAL, ACCURATE OR RELIABLE; AND (D) THE QUALITY OF ANY PRODUCTS, SERVICES OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM OUR WEBSITE OR SERVICES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS. YOUR USE OF OUR WEBSITE, PRODUCTS AND SERVICES AND YOUR DEALINGS WITH OTHER USERS ARE AT YOUR OWN RISK. WE EXPECT THAT YOU WILL USE CAUTION AND COMMON SENSE WHEN USING OUR WEBSITE.
FURTHER, WITHOUT LIMITING THE FOREGOING, ALL INFORMATION PROVIDED ON OUR WEBSITE IS WITHOUT WARRANTY AS TO ITS COMPLETENESS, TIMELINESS, ACCURACY, SUITABILITY OR AUTHENTICITY. BECAUSE OUR WEBSITE IS ONLY A VENUE FOR SELLERS AND BUYERS, AND MERCY TABLE INC IS NOT INVOLVED IN THE ACTUAL BIDDING AND SALES TRANSACTIONS BETWEEN SELLERS AND BUYERS, WE HAVE NO CONTROL OVER THE QUALITY, SAFETY, OR LEGALITY OF THE ITEMS ADVERTISED, THE TRUTH OR ACCURACY OF THE LISTINGS, THE ABILITY OF SELLERS TO SELL ANY ITEMS, OR THE ABILITY OF BUYERS TO BUY ANY ITEMS. WE CANNOT AND DO NOT CONTROL WHETHER ANY PARTY WILL COMPLETE A TRANSACTION. THUS, YOU SHOULD CONDUCT YOUR OWN DUE DILIGENCE AS TO THE TRUTH, ACCURACY, COMPLETENESS, AND CONTINUING VALIDITY OF ANY INFORMATION SET FORTH IN OR REFERENCED AT THIS WEBSITE. LIKEWISE, MERCY TABLE INC DOES NOT WARRANT THE ACCURACY OF ANY THIRD PARTY CONTENT CONTAINED WITHIN OR REFERRED TO AT THIS WEBSITE, INCLUDING ANY LINKS TO THIRD PARTY WEBSITES. MERCY TABLE INC IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER.
SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
UNDER NO CIRCUMSTANCES OR LEGAL THEORY SHALL MERCY TABLE INC OR ITS AFFILIATED OR RELATED ENTITIES OR ITS VENDORS OR CONTENT PROVIDERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES (WHETHER DIRECT, INDIRECT, GENERAL, COMPENSATORY, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY OR OTHERWISE), INJURY, CLAIM OR LIABILITY OF ANY KIND OR CHARACTER BASED UPON OR ARISING FROM YOUR USE OF OR INABILITY TO USE THIS WEBSITE OR SERVICES. IF YOU ARE DISSATISFIED WITH OUR WEBSITE OR SERVICES, OR ANY MATERIALS ON OUR WEBSITE, OR WITH ANY OF THE TERMS OF THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING OUR WEBSITE AND SERVICES.
WITHOUT LIMITING THE FOREGOING, THE LIABILITY OF MERCY TABLE INC FOR ANY DAMAGE OF ANY KIND, DIRECT OR INDIRECT, ARISING FROM YOUR USE OF THIS WEBSITE OR SERVICES, ANY INFORMATION, CONTENT, PRODUCTS OR SERVICES OBTAINED AT OR FROM THIS WEBSITE, OR OTHERWISE RELATING TO YOUR USE OF THIS WEBSITE, PRODUCTS OR SERVICES, SHALL NOT EXCEED THE DOLLAR AMOUNT PAID BY YOU, IF ANY, TO MERCY TABLE INC FOR USE OF THIS WEBSITE, PRODUCTS OR SERVICES.
THE LIMITATION OF LIABILITY SET FORTH ABOVE SHALL: (I) ONLY APPLY TO THE EXTENT PERMITTED BY LAW, AND (II) NOT APPLY TO (A) LIABILITY RESULTING FROM OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT AND (B) DEATH OR BODILY INJURY RESULTING FROM OUR ACTS OR OMISSIONS.
Release and Indemnification
IN THE EVENT YOU HAVE A DISPUTE WITH ONE OR MORE USERS OF OUR WEBSITE OR SERVICES (INCLUDING, BUT NOT LIMITED TO, ANY DISPUTE REGARDING ANY TRANSACTION OR USER GENERATED CONTENT) OR ANY THIRD PARTY WEBSITE THAT MAY BE LINKED TO OR OTHERWISE INTERACT WITH OUR WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY SOCIAL MEDIA SITE, YOU HEREBY AGREE TO RELEASE AND FOREVER DISCHARGE MERCY TABLE INC AND ITS AGENTS, DIRECTORS, SHAREHOLDERS, OFFICERS, EMPLOYEES, DISTRIBUTORS, VENDORS AND AFFILIATES (COLLECTIVELY, THE “RELEASED PARTIES”) FROM ANY AND ALL RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS AND DISBURSEMENTS OF ANY NATURE WHATSOEVER, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER ARISE FROM, RELATE TO, OR ARE CONNECTED WITH SUCH DISPUTE AND/OR YOUR USE OF OUR WEBSITE AND/OR SERVICES, TO THE FULLEST EXTENT PERMITTED BY LAW.
YOU FURTHER AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS, TO THE FULLEST EXTENT PERMITTED BY LAW, RELEASED PARTIES FROM AND AGAINST ALL CLAIMS, DEMANDS, LIABILITIES, LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS FEES, RESULTING FROM, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, UNLAWFUL USE OR OTHER MISUSE, OR INABILITY TO USE OUR WEBSITE OR SERVICES, YOUR BREACH OF THIS AGREEMENT, OR OTHERWISE RELATING TO THE BUSINESS WE CONDUCT ON OUR WEBSITE (INCLUDING, WITHOUT LIMITATION, ANY POTENTIAL OR ACTUAL COMMUNICATION, TRANSACTION OR DISPUTE BETWEEN YOU AND ANY OTHER THIRD PARTY), ANY CONTENT POSTED BY YOU OR ON YOUR BEHALF TO OUR WEBSITE, ANY USE OF ANY SERVICE PROVIDED BY A THIRD PARTY PROVIDER, OR ANY USE OF A SERVICE OFFERED BY US THAT INTERACTS WITH A THIRD PARTY WEBSITE, INCLUDING ANY SOCIAL MEDIA SITE. YOU SHALL COOPERATE AS FULLY AS REASONABLY REQUIRED IN THE DEFENSE OF ANY CLAIM. WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU AND YOU SHALL NOT SETTLE ANY MATTER WITHOUT OUR WRITTEN CONSENT. THIS SECTION SURVIVES TERMINATION OF THIS AGREEMENT.
Choice of Law, Arbitration, and Venue
This Agreement and any claim or controversy relating to or arising from the use of our Website or Services, including, but not limited to, any transactions made or entered into at our Website, any information, content, products, services or promotions herein contained or provided from our Website, or any functionality, software or programming contained or provided at or from our Website (hereafter, “Claims”), shall be governed by the laws of the State of Indiana without regard to principles of conflicts of law and, as applicable, the laws of the United States of America.
You agree to arbitrate any and all Claims, including all statutory Claims, and any state or federal Claims. BY AGREEING TO ARBITRATION, YOU UNDERSTAND AND AGREE THAT YOU ARE GIVING UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR USE OF OR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE WEBSITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
BY USING OUR WEBSITE AND/OR SERVICES IN ANY MANNER, YOU AGREE TO THE ABOVE ARBITRATION AGREEMENT. IN DOING SO, YOU GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND ANY CLAIMS BETWEEN YOU AND US. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING.
Notification
If you believe that your work was copied or posted on our Website in a way that constitutes copyright infringement, please contact our designated Copyright Agent at:
Mercy Table
C/O Park Place Community Center
802 E Fifth St, Room 14
Anderson, IN 46012
info@themercytable.net
915-321-0674
Please note that you may be liable for damages (including costs and attorneys fees) if you materially misrepresent that material is infringing.
Your notification must include the following information:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Mercy Table Inc to locate the material.
Information reasonably sufficient to permit Mercy Table Inc to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Note, however, that if you posted any materials on this Website, by submitting, posting or displaying your content on our Website, you grant Mercy Table Inc and its end users a worldwide, royalty-free, non-exclusive license as specified in these Terms of Service.
Upon receipt of the written notification containing the information as outlined above:
Mercy Table Inc shall remove or disable access to the material that is alleged to be infringing.
Mercy Table Inc shall use reasonable efforts to forward the written notification to such alleged infringer (“User”).
Mercy Table Inc shall take reasonable steps to notify the User that it has removed or disabled access to the material.
Termination and Denial of Access
This Agreement is effective unless and until terminated by Mercy Table Inc. If, in Mercy Table Inc’s sole discretion, you fail to comply with any term or provision of this Agreement, Mercy Table Inc may terminate your access to or use of this Website. In the event of termination or denial of access by Mercy Table Inc, you are no longer authorized to access our Website, and the restrictions imposed upon you with respect to material copied or downloaded, and the disclaimers and limitations of liabilities set forth in this Agreement, shall continue in force.
Third Party Links
This Website may include links to other Internet sites maintained by third parties (“Linked Sites”). Mercy Table Inc provides Linked Sites to you solely as a convenience, and the inclusion of Linked Sites does not imply endorsement by Mercy Table Inc of the Linked Sites. You access Linked Sites at your own risk and by accessing them, you leave this Website. Linked Sites are not under the control of Mercy Table Inc and Mercy Table Inc is not responsible for any content of any Linked Sites.
Modifications to our Website or Services
Mercy Table Inc reserves the right at any time to modify or discontinue, temporarily or permanently, our Website and/or Services (or any part thereof) with or without notice in our sole discretion. You agree that Mercy Table Inc shall not be liable to you or to any third party for any modification, suspension or discontinuance of our Website and/or Services.
Complaints or Concerns
If you have any complaints or concerns regarding our Website or Services, please contact us at info@themercytable.net or 915-321-0674.