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This is the SUBSCRIBER Agreement to which you must agree before you will be allowed to access The Mercury Production Report. We strongly recommend that you take the time to save the Agreement and review it in detail before agreeing to its terms. If you agree, click 'Agree ' at the end of the agreement.

BY COMPLETING THE ENROLLMENT PROCESS, YOU AGREE TO THE TERMS OF THIS SUBSCRIBER AGREEMENT, JUST AS IF YOU HAD SIGNED THE SUBSCRIBER AGREEMENT. IF YOU DO NOT WISH TO BE BOUND BY THIS SUBSCRIBER AGREEMENT, PLEASE DO NOT COMPLETE THE ENROLLMENT PROCESS.

Please Read the Following Terms and Conditions Carefully Before Executing this Agreement.
The Agreement sets forth the terms and conditions on which The Mercury Production Report and will furnish you ("SUBSCRIBER") a limited non-exclusive, non-assignable license to access to The Mercury Production Report e-mail service, ("SERVICE") as the same now exists or is hereafter modified. By completing this enrollment process, you agree to be bound by the terms and conditions set forth herein, including but not limited to payment terms and limitations on the use of the SERVICE data.

1. OWNERSHIP AND USE
Information and/or programs received by SUBSCRIBER from the SERVICE is provided solely for the use of the SUBSCRIBER. Unless separately and specifically licensed to do so in writing by MPR, SUBSCRIBER agrees not to re-transmit, disclose or distribute any of the information received from the SERVICE, to any other person, organization or entity. SUBSCRIBER acknowledges that all editorial information including but not limited to news, stories, listings and directory information, are the exclusive property of MPR or of third-party partners which have agreed to furnish such programs and information to the SERVICE, and are fully protected by copyright law, including United States copyright laws and the copyright laws of other countries. SUBSCRIBER may use the information in the SERVICE under the following terms: SERVICE grants to SUBSCRIBER a personal, non-transferable license to use the data contained in the SERVICE for research, planning and marketing related purposes. SUBSCRIBER may not use the information for development of data-related products or services, or for data provision services.

2. FEES AND PAYMENT
SUBSCRIBER agrees to make payments in full upon acknowledgment of this Agreement which shall be deemed in full force and effect when SUBSCRIBER clicks on 'AGREE' at the end of the AGREEMENT. Payment in full will be based on the rate schedule in effect at the time SERVICE is used. Any applicable sales or use taxes and nominal handling charge will be payable by SUBSCRIBER.

A copy of the rate schedule is available on-line on the "Subscribe" page or in the following paragraph. It is understood and agreed that the rate schedule and changes in SERVICE are subject to change upon thirty (30) days notice to SUBSCRIBER prior to the end of the original term of the Agreement. Any changes shall be deemed accepted by SUBSCRIBER if the SERVICE is used by SUBSCRIBER after the effective date of such changes.

CURRENT RATE SCHEDULE
When SUBSCRIBER clicks on 'AGREE' at the end of the AGREEMENT, SUBSCRIBER acknowledges understanding and acceptance of the following Rate Schedule:
-Monthly Subscription Fee: $42.00

SUBSCRIBER agrees to make monthly payments in full upon acknowledgment of this Agreement which shall be deemed in full force and effect when SUBSCRIBER clicks on 'AGREE' at the end of the AGREEMENT. Payment in full will be based on the rate schedule in effect at the time SERVICE is used. Any applicable sales or use taxes will be payable by SUBSCRIBER, and will be included in each monthly statement. SUBSCRIBER'S use of the SERVICE will be subject to credit limits established for SUBSCRIBER'S credit card by the issuer of such card or, where direct billing is requested, by limits established by Company. Notwithstanding any provision herein to the contrary, the interest charged under the terms of this Agreement shall never exceed the maximum rate permitted by applicable law.

When SUBSCRIBER clicks on 'AGREE' at the end of the AGREEMENT, SUBSCRIBER also acknowledges understanding that SUBSCRIBER will be billed every month (for monthly subscriptions) until SUBSCRIBER terminates subscription to SERVICE. SUBSCRIBER may terminate his monthly subscription to SERVICE by emailing mercuryreport@yahoo.com or by calling 1-866-263-7287 before the NEXT CHARGE DATE (date you originally signed up on - for example, if you sign up on April 25, your next recurrent charge will be May 25th.). Paypal subscribers must cancel through Paypal.

3. TERMINATION / CANCELLATION/SUSPENSION OF SERVICE
This Agreement and the license rights granted hereunder shall remain in effect during the entire term of the AGREEMENT. SUBSCRIBER may choose to cancel during the term of the AGREEMENT. Regardless of the reason for cancellation or termination, all charges paid by SUBSCRIBER are non-refundable including any current or upfront payments, regardless of the reason for cancellation. MPR reserves the right to immediately terminate SERVICE upon failure of SUBSCRIBER to make payment when due or if SUBSCRIBER violates any of the terms and conditions of this Agreement. This Agreement is not assignable by SUBSCRIBER. There shall be no amendment of modification of this Agreement unless the same is in writing and signed by the Product Manager of the SERVICE.

The Mercury Production Report will SUSPEND service for up to one month during a 6-Month subscription and up to two months during a 1 Year Subscription. To suspend service (to go on hiatus due to getting a job) during a 6-month or yearly subscription, call or email MPR to request a suspension of service and provide suspension start date. SUBSCRIBER agrees that suspension of service is temporary upon approval by MPR and is limited to the terms as described above.

When SUBSCRIBER clicks on 'AGREE' at the end of the AGREEMENT, SUBSCRIBER acknowledges understanding that SUBSCRIBER'S credit card will be billed every month until SUBSCRIBER terminates subscription to SERVICE. SUBSCRIBER may terminate subscription to SERVICE by emailing mercuryprods@sbcglobal.net, or by calling 1-866-263-7287.

4. UNAUTHORIZED USE
SUBSCRIBER also agrees that any unauthorized use of the SERVICE (and any data derived there from) may result in immediate termination of the Agreement, without refund of any past or pre-paid fees. In the event of such termination, SUBSCRIBER will continue to be liable for applicable fees for the period prior to termination, together with such other remedies as to which MPR may be entitled.

5. DELAYS IN SERVICE
Neither MPR, nor their respective officers, directors, employees, affiliates or agents shall be liable for any loss resulting from delays or interruptions due to electronic or mechanical equipment failures, telephone interconnect problems, internet failure, intranet failure, extranet failure, hardware or software defects, storms, strikes, walkouts, fire or other casualty damage, or other causes over which they have no direct control, or any loss resulting from the contents of the SERVICE, or any errors in the transmission thereof. MPR will have no responsibility to provide SERVICE to SUBSCRIBER during interruptions of SERVICE. SUBSCRIBER also agrees that MPR shall not be liable for any break or loss in service due the subscriber's email kicking back due to SPAM blocking or FULL MAILBOX.

notify MPR if subscriber does not receive the report and further, that SUBSCRIBER agrees to contact MPR after Tuesday Noon but not later than Friday of each week if SUBSCRIBER has not received that week's report. SUBSCRIBER agrees that failure to notify MPR in such a matter, that SUBSCRIBER may forfeit service for that week and that MPR will not owe any reports to SUBSCRIBER nor REFUND any payments or EXTENT SUBSCRIBER to cover non-service that week.

6. DISCLAIMER OF WARRANTY
(a) SUBSCRIBER acknowledges that all information and services provided in connection with the SERVICE are compiled from and distributed by sources which are often beyond the control of MPR, and it is understood and agreed that MPR cannot guarantee the accuracy of information contained in the report nor does MPR make any warranty, expressed or implied, with respect to the information provided to SUBSCRIBER by The Mercury Production Report Service. SUBSCRIBER, under this Agreement, assumes the risk of errors and/or omissions in the information provided, and in its transmission or translation.

SUBSCRIBER acknowledges that MPR reserves the right not to provide service during HOLIDAYS and acknowledges and agrees that subscription charges will not vary during such holiday periods and that MPR will not refund payments or extend SUBSCRIBER’S subscription term for non-service due to holidays. Holiday Periods:

SUBSCRIBER ACKNOWLEDGES THAT NO WARRANTIES, AGREEMENTS, OR REPRESENTATIONS TO THE CONTRARY, EXPRESSED OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, HAVE BEEN MADE AND NO WARRANTIES EXIST EXCEPT AS SET FORTH IN THIS AGREEMENT. SUBSCRIBER AGREES THAT MPR and it’s affiliate’s, Mercury Productions, partners and advertisers SHALL NOT IN ANY EVENT BE LIABLE FOR BUT NOT LIMITED TO ANY INCIDENTAL, CONSEQUENTIAL, DIRECT, INDIRECT, COMPENSATORY OR SPECIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE The Mercury Production Report SERVICE or any information therein contained or omitted in The Mercury Production Report.
(b) MPR DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION, SERVICES AND/OR PROGRAMS PROVIDED BY MPR TO SUBSCRIBER WILL BE ERROR FREE, OR WILL MEET SUBSCRIBER'S REQUIREMENTS OR ARE SUITABLE FOR SUBSCRIBER'S NEEDS.
(c) WHILE EVERY REASONABLE EFFORT HAS BEEN MADE TO OBTAIN ACCURATE AND UP-TO-DATE INFORMATION, MPR ASSUMES NO LIABILITY FOR INACCURACIES. MPR RESERVES THE RIGHT TO EDIT ANY OF The Mercury Production Report SERVICES CONTENT BASED ON EDITORIAL JUDGEMENT.
(d) SUBSCRIBER AGREES THAT MPR IS NOT LIABLE FOR ANY VIRUS(ES) OR PROGRAM(S) PASSED ON TO SUBSCRIBER. SUBSCRIBER HEREBY ASSUMES ALL RESPONSIBILITY FOR DETECTING AND ERADICATING ANY VIRUS OR PROGRAMS WITH A SIMILAR FUNCTION.
These provisions shall survive termination of this agreement.

9. ENTIRE AGREEMENT
The parties acknowledge by completing the enrollment process, that this Agreement is complete at the time executed, that this Agreement constitutes the entire agreement between the parties, that no other agreement, written or oral, exists between them, and SUBSCRIBER acknowledges by printing this agreement that he has received an exact copy of the original of this document. SUBSCRIBER acknowledges and agrees that this Agreement is of no force or effect unless and until accepted by the Company.

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