Terms of Service

1. Parties and Acceptance

These Terms of Service ("Terms") govern your access to and use of the website located at mercerfranklin.com (the "Site"), operated by Mercer Franklin LLC ("Mercer Franklin," "we," "us," or "our"), a limited liability company organized under the laws of the State of Tennessee.

By accessing the Site, submitting information through any form, initiating a voice conversation through our AI agent, or otherwise interacting with the Site's features, you ("User" or "you") represent that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference.

This Site is intended solely for use by business professionals acting in a commercial capacity. It is not directed to, and should not be used by, individuals under the age of 18. By using this Site, you represent that you are at least 18 years of age and are accessing the Site in connection with a business purpose.

2. Description of Services

The Site provides information about Mercer Franklin's marketing advisory services, content operations engagements, and related offerings. The Site also provides interactive features, including:

• A contact and inquiry form through which visitors may submit information and request consultations;
• An AI-powered voice agent through which visitors may initiate real-time voice conversations;
• Informational content describing Mercer Franklin's service offerings, philosophy, and approach.

These Terms govern use of the Site only and do not constitute or modify any separate written agreement between Mercer Franklin and a client for professional services. The terms of any professional services engagement are governed exclusively by a separate written agreement executed by both parties.

3. AI Voice Agent; Recording and Transcription Disclosure

The Site may offer an AI-powered voice agent feature that allows you to initiate a voice conversation without speaking with a human representative.

3.1 Consent to Recording and Transcription

By initiating or participating in any voice conversation through the Site's AI voice agent, you expressly consent to the recording and transcription of that conversation. This consent applies regardless of the state or jurisdiction from which you are calling or accessing the feature. Conversations may be recorded, transcribed, stored, reviewed by Mercer Franklin personnel, and used to improve service quality, respond to your inquiry, and for other purposes described in our Privacy Policy.

3.2 Notice to Multi-Party Consent Jurisdictions

Certain states require the consent of all parties to a conversation before it may be recorded (commonly referred to as "two-party" or "all-party" consent jurisdictions). Your use of the AI voice agent feature constitutes your consent to recording and transcription. Do not use this feature if you are unwilling to be recorded.

3.3 AI Limitations

The AI voice agent is an automated system. It is not a licensed attorney, financial advisor, or human representative of Mercer Franklin. Nothing communicated through the AI voice agent constitutes professional advice, a binding commitment, or an offer of services. Any representations made by the AI voice agent are subject to confirmation by an authorized representative of Mercer Franklin.

4. Data Collection, Tracking, and Third-Party Technologies

By using this Site, you acknowledge and agree that we employ the following data collection and tracking technologies. Full details regarding the data collected, how it is used, and your rights are set forth in our Privacy Policy.

4.1 Analytics and Tag Management

We use Google Analytics and Google Tag Manager to collect information about how visitors interact with the Site, including pages viewed, time spent, referring sources, and device and browser information. This data is collected using cookies and similar technologies and is processed by Google in accordance with Google's terms of service and privacy policies.

4.2 Advertising and Retargeting Pixels

The Site uses the Meta Pixel (Facebook/Instagram) and the LinkedIn Insight Tag. These tools collect information about your visit to the Site and may match that information against your profiles on those platforms to enable Mercer Franklin to deliver targeted advertising to you after you leave the Site ("retargeting"). We may also use Google Ads retargeting through the Google Tag. Your use of the Site constitutes your acknowledgment of and agreement to this practice. You may opt out of interest-based advertising through your settings on those platforms or through industry opt-out tools described in our Privacy Policy.

4.3 Session Recording and Heatmap Technology

We may use session recording and heatmap tools (such as Hotjar or Microsoft Clarity) that capture mouse movements, clicks, scrolling behavior, and similar interactions with the Site. These recordings may include information you enter into forms prior to submission. Sensitive form fields (such as password fields) are masked and excluded from recording. By using the Site, you consent to this form of behavioral tracking.

4.4 Visitor Identification and Firmographic Intelligence

We use third-party technologies that may identify the company or organization associated with your IP address or device and may retrieve publicly available professional contact information associated with visitors to the Site ("visitor identification technology"). This may include your name, professional email address, job title, employer, and related firmographic data. Information identified through this technology may be used for business development and outreach purposes. By using this Site, you acknowledge that such identification and outreach may occur.

This technology is employed in a business-to-business context and is intended to reach professionals acting in their business capacity.

4.5 UTM Parameters and Campaign Tracking

We use UTM parameters and similar campaign tracking codes in URLs. These parameters help us understand which marketing campaigns, channels, or sources directed you to the Site. This information is collected and stored in our customer relationship management system.

5. Intellectual Property

All content on this Site — including text, copy, graphics, logos, page designs, and other materials — is the property of Mercer Franklin LLC or its licensors and is protected by applicable copyright, trademark, and other intellectual property laws.

You may access, view, and print pages of the Site for your personal, non-commercial informational use only. You may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any content from this Site without the prior written consent of Mercer Franklin, except as expressly permitted by these Terms.

6. Prohibited Uses

You agree not to use the Site:

• In any manner that violates applicable federal, state, local, or international law or regulation;
• To transmit or submit false, misleading, or deceptive information through any form or interactive feature;
• To attempt to circumvent, disable, or interfere with any security feature of the Site;
• To harvest, scrape, or collect information about other users or visitors;
• To use automated scripts, bots, or crawlers to access the Site in a manner that exceeds normal human browsing activity;
• To impersonate or misrepresent your identity or your affiliation with any person or organization;
• In any way that could disable, overburden, or impair the Site or its servers.

7. Disclaimer of Warranties

THE SITE AND ALL CONTENT AND FEATURES MADE AVAILABLE THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. MERCER FRANKLIN EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Mercer Franklin does not warrant that the Site will be uninterrupted, error-free, or free of viruses or other harmful components, or that defects will be corrected. Nothing on this Site constitutes professional marketing, legal, financial, or business advice. Any information provided is for general informational purposes only.

8. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MERCER FRANKLIN LLC, ITS MEMBERS, MANAGERS, EMPLOYEES, AGENTS, LICENSORS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM OR RELATED TO YOUR USE OF, OR INABILITY TO USE, THE SITE OR ITS CONTENT, EVEN IF MERCER FRANKLIN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

In no event shall Mercer Franklin's total liability to you for all claims arising out of or related to these Terms or your use of the Site exceed one hundred U.S. dollars ($100.00).

9. Indemnification

You agree to indemnify, defend, and hold harmless Mercer Franklin LLC and its members, managers, employees, agents, licensors, and service providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Site, including any use of the Site's content, features, or services other than as expressly authorized in these Terms.

10. Third-Party Links and Services

The Site may contain links to third-party websites or services not owned or controlled by Mercer Franklin. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party sites. We encourage you to review the privacy policies and terms of service of any third-party site you visit.

The use of third-party technologies on this Site (including Google, Meta, LinkedIn, and visitor identification providers) is subject to those parties' respective terms of service and privacy policies.

11. Governing Law and Dispute Resolution

These Terms and any dispute arising from or related to them or your use of the Site shall be governed by and construed in accordance with the laws of the State of Tennessee, without regard to its conflict of law provisions.

Any legal action or proceeding arising out of or relating to these Terms shall be brought exclusively in the state or federal courts located in Williamson County, Tennessee, and you hereby consent to the personal jurisdiction and venue of such courts.

Before initiating any formal legal action, you agree to provide Mercer Franklin with written notice of the dispute and a reasonable opportunity (not less than 30 days) to attempt to resolve it informally.

12. Changes to These Terms

We reserve the right to modify these Terms at any time. Changes will be effective upon posting to the Site with an updated effective date. Your continued use of the Site following the posting of revised Terms constitutes your acceptance of the changes. We encourage you to review these Terms periodically.

13. Severability and Entire Agreement

If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Mercer Franklin with respect to your use of the Site and supersede all prior understandings, agreements, or representations.

14. Contact

Questions regarding these Terms may be directed to: