Terms of Use

Mercantile Terms of Use is an agreement between you and Mercantile Financial Technologies, regarding your use of the Mercantile website and the Mercantile native apps (together the “Site” or “Sites”). Unauthorized use of the Sites, of passwords or of information on the Sites is prohibited. Use of the Sites may be monitored, recorded or tracked. You consent to such monitoring, recording and/or tracking. By using the Sites you agree to these terms and you certify that you are a US resident and that you are of legal age in your state of residence. 

Your account and use of the Sites
When you use the Sites, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or other device from which you access the Sites. You agree to accept responsibility for all activities that occur under your account or password. Mercantile reserves the right to refuse service or access to the Sites, terminate accounts, remove or edit content in its sole discretion. You also agree that you will not engage in any activities on the Sites that are contrary to law or regulation or that violate any of your Mercantile agreements. You agree that you will not use any device, software, or other technology intended to damage or interfere with the proper functioning of the Sites or to extract or intercept data or other information from the Sites. 

Site content and copyright
The data and other information on the Sites are provided to you for information purposes only.  Mercantile does not represent or warrant as to its accuracy or completeness.  Some information may not be the most up-to-date information and Mercantile does not undertake any obligation or responsibility to update or amend any such information. Mercantile reserves the right to terminate any of the Sites without prior notice. 

The works of authorship contained in the Sites, including but not limited to all design, text, sound recordings and images, are owned by Mercantile unless expressly stated otherwise. Such works may not be copied, transmitted, displayed, performed, distributed (for compensation or otherwise), licensed, altered, framed, stored for subsequent use or otherwise used in whole or in part in any manner without Mercantile's prior written consent or unless expressly stated otherwise herein, except to the extent permitted by the Copyright Act of 1976, as amended, and then, only with notices of Mercantile's proprietary rights provided that you may download information and print out hard copies for your personal use, so long as you do not remove any copyright or other notice as may be contained in information, as downloaded. 

Intellectual Property
You agree that "getmercantile.com", "Mercantile", and all logos related to our products and services are our trademarks or registered trademarks. You may not copy, imitate or use them without our prior written consent. In addition, all page headers, custom graphics, button icons, card design, and scripts are our service marks, trademarks, and/or trade dress. You may not copy, imitate, or use them without our prior written consent. All right, title and interest in and to the Sites, any content thereon, our products and services, the technology related to our products and services, and any and all technology and any content created or derived from any of the foregoing is our exclusive property.  

Links to third party websites
From time to time Mercantile may provide links to third party websites from the Sites. Mercantile has no control over these websites and is not responsible for the content or access (or lack of access)to these other websites and the links are provided for informational purposes only. Mercantile makes no representations or warranties about such websites or their content or that they are free of viruses or other potentially harmful software. Linking to a third-party website is also not an endorsement by Mercantile of that third-party, their products, services or their website. 

The Sites Privacy Policy
Your privacy is important to us. This Sites Privacy Policy describes the types of information Mercantile collects from and about you when you use the Sites and how Mercantile uses and discloses this information.  It also discusses to what extent and how you can control certain uses of Your Information. For more information about how we collect, use and disclose your information in connection with your credit card account, please read the Mercantile Privacy Policy (getmercantile.com/privacy). 

INFORMATION WE COLLECT: Mercantile collects information that you provide on the Sites – this includes when you are setting up a user name and password or when you are applying for a Mercantile credit card. Mercantile also automatically collects information when you visit the Sites. This information includes browser type, operating system, software version, mobile network information, location data, device type and IP address. Also, each time you visit the Sites log file information is automatically reported to us (from either your device or browser). This information may include your web request, IP address, browser type, referring page and URL, number of clicks and other information about how you interact with the Sites, domain names, landing pages, pages viewed and other information about your browsing on the Sites. When you use the Sites, we may also employ clear gifs, also known as web beacons, or pixel tags to anonymously track online usage patterns.  We may also use clear gifs in our emails to track which emails are opened and which links are clicked so as to more accurately understand and improve the Sites. Mercantile uses all this information to measure the effectiveness of our communications and the Sites, compile statistics about usage and response rates, and to assist us in resolving questions about our services. 

INFORMATION WE RECEIVE FROM THIRD PARTIES – we may collect information about you from third parties that perform services and analytics for us. Such companies may include credit bureaus, data providers, fraud detection services and data analytics providers.   

USE OF COOKIES: Cookies are pieces of information stored directly on the device you are using. Cookies allow us to collect information such as your browser type, time spent on the Sites and which of our pages you visited. We use the information for security purposes, to facilitate navigation, to display information more effectively, to personalize your experience and to recognize authorized devices to secure your use of our services. We also gather statistical information about usage of the Sites in order to continually improve the design and functionality and to assist us with resolving technical support questions. Additionally, we use cookies on the Sites and the websites on which we advertise to track advertising performance and to collect aggregate data on web page viewing and native app usage.

INFORMATION SHARING: Mercantile may share the information we collect from and about you in order to run the business and as required by law. Mercantile may share information: 1. with our Service Providers, if the disclosure will enable them to perform a business, professional, or technical support function for us; 2. as necessary if we believe that there has been a violation of Mercantile’s Terms of Use or your Card Agreement or of our rights or the rights of any third party; 3. to respond to judicial process or provide information to law enforcement or regulatory agencies or in connection with an investigation, as permitted by law, or otherwise as required by law; 4. with a company that Mercantile may merge with or be acquired by; and 5. as described in the Mercantile Privacy Policy (getmercantile.com/privacy). 

Children’s online privacy
Protecting children on the Internet is very important to us. For that reason, Mercantile does not intentionally collect information at the Sites from those Mercantile actually knows are under 13, and no part of the Sites is intended to attract anyone under 13. Parents can be proactive and limit website access to their children by installing filtering software. Children's access to the Internet can permit them to visit inappropriate web sites and be exposed to unnecessary risks. The Children's Online Privacy Protection Act (COPPA) protects children under the age of 13 from the online collection of personal information. Learn more about COPPA at the Federal Trade Commission's web site for children's privacy at http://www.consumer.ftc.gov/topics/kids-online-safety. 

Limitation on liability
To the extent permitted by applicable law, in no event will Mercantile or our officers, directors, employees, partners or agents be liable to you or any third-party for any direct, indirect, consequential, exemplary, incidental, special or punitive damages, including for any lost profits or lost data, arising from your use of the sites or any system failure or malfunction associated with the sites and including any third-party claims, whether based on theories of breach of contract, tort, product liability, or breach of warranty. These limitations on liability will apply even if we are advised of the possibility of such damages or claims. Mercantile services would not be provided without such limitations. In all other instances and to the extent permitted by applicable law, our liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you for Mercantile services.

Warranty
Mercantile disclaims any warranty of merchantability or fitness for a particular purpose, any liability for errors or omissions in any information provided as part of the Mercantile service or on the sites and any warranties regarding the operability of Mercantile or liability for any service interruptions or systems failures that may affect Mercantile at any time.  

Indemnity
You agree to defend, indemnify, and hold Mercantile, its officers, directors, employees, agents, and partners, harmless from and against any claims, actions, or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the Sites or contents of the Sites, or your violation of these Terms. 

Enforceability and interpretation
The headings in this agreement are for reference purposes only. Mercantile’s failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. In the event any of the terms or provisions of these Terms of Use shall be held to be unenforceable, the remaining terms and provisions shall be unimpaired and the unenforceable term or provision shall be replaced by such enforceable term or provision that comes closest to the intention underlying the unenforceable term or provision. These Terms of Use shall also be subject to any other agreements you have entered into with Mercantile. 

Governing law
The user's access to and use of the Sites, and the terms of this disclaimer are governed by the laws of the state of California. You agree that any action brought by you, at law or in equity, arising out of or relating to these terms and use or this website shall be filed only in the state or federal courts of California and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any action brought by either of us in such courts. 

Changes to these Terms of Use
We may make changes to these Terms of Use from time to time. If we do this, we will post the changed Terms of Use on the Site and will indicate at the top of this page the date the Terms of Use were last revised. You are responsible to check these Terms of Use from time to time for updates or changes. Your continued use of Mercantile or the Sites after we have made any such changes will constitute your acceptance of the new Terms of Use.  

Last updated: 12/01/2021