These Terms of Service (“Terms”) form a binding contract between you and Mercury Local, LLC (“Mercury Local,” “we,” “us,” or “our”) governing all use of The Farmington Mercury websites, newsletters, mobile experiences, and any other service that links to these Terms (collectively, the “Services”). By accessing or using the Services, you accept these Terms and our Privacy Policy (incorporated here by reference). If you do not agree, do not use the Services.
1. Eligibility
You must be at least 13 years old—and old enough to enter a binding contract in your jurisdiction—to use the Services. If you are under 18, you represent that a parent or legal guardian agrees to these Terms on your behalf.
2. Non-Subscription, Free-to-Read Access
The Services are offered without paywalls or subscriptions. Funding comes from first-party advertising and community sponsorships. We do not permit third-party tracking networks.
3. Intellectual Property
3.1 Our Content
Except where noted, text, photographs, graphics, audio, and video are © 2025 Mercury Local and licensed under Creative Commons CC BY-ND 4.0. You may copy and redistribute the material in full—even commercially—if you provide proper attribution, a link to the license, and do not alter the work.
3.2 Trademarks
“The Farmington Mercury,” “Mercury Local,” and related logos are our trademarks. You may not use them without prior written consent.
3.3 Third-Party Content
Some materials (e.g., AP wire, embedded posts, stock imagery) carry separate licenses or permissions. Such items are identified and excluded from the CC license.
4. User-Generated Content (“UGC”)
- License to Us. By submitting UGC (comments, email contributions, images, etc.) you grant Mercury Local an irrevocable, perpetual, worldwide, royalty-free, sublicensable right to use, display, distribute, and archive that UGC in any medium connected to the Services.
- Warranty. You warrant that you own or control all rights to the UGC and its publication does not infringe any third-party rights.
- DMCA. If you believe material on the Services infringes your copyright, send a takedown notice to our designated agent:
DMCA Agent – Mercury Local
hello@mercurylocal.com
520B North Poplar St., Charlotte, NC 28202
Your notice must meet 17 U.S.C. §512(c)(3). We will remove or disable access to the content and notify the user. Counter-notifications follow §512(g).
5. Acceptable Use
You may not:
- Violate any law, regulation, or court order.
- Post defamatory, obscene, hateful, or infringing content.
- Introduce malware or attempt to gain unauthorized access to any system.
- Impersonate another person or entity.
- Use automated means to scrape or copy the Services except as permitted by our CC license’s terms.
We may remove or refuse any content or suspend access for violations.
6. Accessibility
Mercury Local strives to meet WCAG 2.1 AA guidelines. If you encounter a barrier, contact hello@mercurylocal.com so we can address it.
7. Export & Sanctions Compliance
You may not use the Services if you are located in, or are a national or resident of, an embargoed country or if you are on any U.S. government denied-party list.
8. Disclaimers
- No Professional Advice. Content is for general information only and is not legal, financial, medical, or other professional advice.
- Warranty Exclusion. The Services are provided “as is” and “as available.” Mercury Local disclaims all warranties of any kind, express or implied—including merchantability, fitness for a particular purpose, non-infringement, and accuracy.
- Third-Party Links. We are not responsible for external sites linked from the Services.
9. Limitation of Liability
To the fullest extent permitted by law, Mercury Local, its affiliates, contributors, and employees will not be liable for any indirect, incidental, consequential, special, punitive, or exemplary damages. Direct damages in any 12-month period shall not exceed the greater of (a) US $1,000 or (b) the total amount you paid us during that period. These limits do not apply to liability for willful misconduct or bodily injury caused by our negligence.
10. Indemnification
You agree to defend, indemnify, and hold harmless Mercury Local and its affiliates from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys’ fees) arising from your UGC, your use of the Services, or your breach of these Terms.
11. Dispute Resolution & Arbitration
Binding arbitration. Any dispute arising out of or relating to these Terms or the Services will be resolved by final, binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The arbitration will be held in Hartford County, Connecticut.
Class-action waiver. Disputes will be resolved only on an individual basis, and no class or representative actions are permitted.
Opt-out. You may opt out of arbitration by sending written notice to hello@mercurylocal.com within 30 days of first accepting these Terms.
12. Modifications to Terms
We may revise these Terms. Material changes will be posted on the Services and emailed to subscribers at least 14 days before taking effect. Continued use of the Services after the effective date constitutes acceptance. If you disagree, stop using the Services.
13. Termination
We may suspend or terminate your access (with reasonable notice when practical) for violations of these Terms or to protect the Services. You may stop using the Services at any time. Sections 3 – 11 and 15 survive termination.
14. Force Majeure
We are not liable for delay or failure to perform due to events beyond our reasonable control, including natural disasters, war, terrorism, labor disputes, internet outages, or government actions.
15. Governing Law & Venue
These Terms are governed by the laws of the State of Connecticut, excluding conflict-of-law rules. Subject to Section 11, any action not subject to arbitration must be brought in state or federal courts in Hartford County, Connecticut, and you consent to that jurisdiction.
16. Miscellaneous
- Severability. If any provision is found unenforceable, it will be modified to the minimum extent necessary, and the remainder will remain in effect.
- Entire Agreement. These Terms constitute the entire agreement between you and Mercury Local regarding the Services.
- No Waiver. Failure to enforce any term is not a waiver.
- Assignment. You may not assign these Terms without our consent. We may assign them to an affiliate or successor.
17. Contact
Questions, DMCA notices, or accessibility concerns: hello@mercurylocal.com
Mail:
Mercury Local, LLC
520B North Poplar St.
Charlotte, NC 28202
Thank you for reading The Farmington Mercury. Privacy first, journalism always.