Welcome to the Merchantify LLC website (Site). Please read this Agreement carefully. If you are unwilling to accept the terms and conditions in this Agreement, do not use the Website. By using the Site, you are indicating that you agree to follow and be bound by the following terms and conditions (Terms).
These Terms were last revised on September 3rd, 2022, 12:00 p.m. (EDT)
1. Use of Site Content
Content, including but not limited to text, software, music, sound, photographs, trademarks, service marks, logos, video, graphics or other material contained on this Site or in commercially produced information presented to you through the Site (Content) is protected by copyright, trademarks, service marks, Site marks, patents or other proprietary agreements and laws (collectively, Intellectual Property Rights) and you are only permitted to use Content as expressly authorized herein or in writing by Merchantify LLC. These Terms do not transfer any right, title, or interest in the Site or the Content to you, and Merchantify LLC and its third party licensors, if any, retain all of its and their respective right, title and interest to the Site and Content.
Except as provided in these Terms, you may not use, download, upload, copy, modify, print, display, perform, reproduce, publish, license, rent, lease, loan, sell, assign, post, transmit, distribute, reverse engineer, create derivative works from, or otherwise exploit any Content or information from the Site, in whole or in part, including without limitation by way of framing or hyper-linking, without the express permission of Merchantify LLC Requests for such permission should be made to our basic email address found on the cobntact page of this site.
Except as expressly provided in these Terms, nothing contained in these Terms or on the Site shall be construed as conferring any other license or right, expressly, by implication, by estoppel or otherwise, under any of our Intellectual Property Rights or under any third party’s Intellectual Property Rights. Any rights not expressly granted herein are reserved.
2. You may without our permission:
Download, view, copy, retransmit and print Content, but only if:
the Content is used solely for personal, informational, or internal business purposes;
the Content is not provided or relied upon as professional or commercial advice;
the Content is not provided, sold, licensed or leased (nor is access provided to the Content) for any fee or other consideration;
all copyright, trademark and other proprietary rights notices included in the Content as presented at the Site appear on all copies;
Sections 1(b), 2, 4, 5 and 11-18 of these Terms are prominently displayed with all copies;
the Content is not modified or altered in any way; and
no graphics are used separately from accompanying text.
Link or hyper-link to the home page of the Site from any Qualified Site, but only if:
you notify us by email () specifying the URL of each page from which you will be linking to our home page;
you do not frame the Site or any portion of the Site;
you do not deep link into the Site (i.e., you do not link into any page other than the home page);
the link or hyper-link to the Site is not used in a way that suggests that Merchantify LLC endorses you or your web site;
the link is identified using a plain text rendering of the Merchantify LLC name and not any trademark or Merchantify LLC logo.
the link or hyper-link to the Site is not used or presented in any way that disparages Merchantify LLC or tarnishes, blurs, or dilutes the quality of Merchantify LLC’s names or trademarks or any associated goodwill;
the link or hyper-link to the Site is not displayed on any web page that displays Objectionable content or links; and
you agree that we may terminate your right to link or hyperlink to the Site at any time for any reason or no reason.
“Qualified Site” means a web site that displays no Objectionable content, is not owned or controlled by a competitor to Merchantify LLC and the content of which is not competitive to the Site.
“Objectionable” means as to any content, information in any medium or format, including without limitation text, data, graphics, audio or video, that:
is libelous or defamatory, pornographic, sexually explicit, unlawful or plagiarized;
a reasonable person would consider harassing, abusive, threatening, harmful, vulgar, profane, obscene, excessively violent, racially, ethnically or otherwise objectionable or offensive in any way or
constitutes a breach of any person’s privacy or publicity rights, a misrepresentation of facts, hate speech or an infringement of any third party’s intellectual property rights of any kind, including without limitation, copyright, patent, trademark, industrial design, trade secret, confidentiality or moral rights; or
violates or encourages other to violate any applicable law.
3. You may not under any circumstance:
Send unsolicited commercial email to the email addresses provided on the Site (spam, chain emails, advertising solicitations and similar email solicitations are expressly prohibited);
Delete, modify or attempt to change or alter any of the Content on the Site;
Use any device, software or routine that interferes with the proper functioning of the Site or servers or networks connected to the Site, or take any other action that interferes with other parties’ use of the Site;
Use the Site or the Content, intentionally or unintentionally, in any manner inconsistent with or in violation of any applicable laws or regulations or in violation of the rules of any other web site providers, web sites, chat rooms or the like, including, without limitation, laws regarding import/export of technical data by virtue of your online transmission;
Use any “robot”, “spider” or other automatic or manual device or process for the purpose of compiling information on the Site for purposes other than for a generally available search engine; or
Use any Merchantify LLC names, service marks, or trademarks without our prior written consent, including without limitation as metatags or hidden text.
4. NO FINANCIAL ADVICE; RISK
We do not provide tax, legal or investment advice. Merchantify LLC does not guarantee the safety or legality of the information provided or the products or services offered. You should exercise as much caution as you would typically exercise with any purchase of products or services. The above is not intended as an all-inclusive list of risks or a substitute for independent legal or financial advice. Always seek advice from qualified advisors, and read and understand all enrollment materials carefully.
The information contained at our website and/or any advice or comments made by any agent or employee of Merchantify LLC are intended only to educate and assist clients, applicants, visitors, and the like. This information is provided for informational purposes only and is not meant to be a substitute for professional counseling and advice from certified legal or financial professionals.
Merchantify LLC provides a matching service that allows you to input your information once and receive quotes or calls from multiple people/organizations to provide you a convenient, fast method for evaluating your options and making informed decisions relating to a particular service that is being advertised. We do not offer or provide these counseling or financial services, and there is no charge to consumers for the use of our matching service. By using this service, you expressly waive any claim against us relating to the quality of any services we match you with, and understand that we are not responsible for the quality of any services you ultimately select.
By using our service and providing your personal contact information, you agree that one or more of the companies you are matched with may contact you by email, telephone, mail or any other method of communication. You request and expressly consent to receive any telephone call including without limitation any autodialed or prerecorded telephone call to any telephone number including without limitation any wireless telephone number, which could result in charges to you from independent providers of the services we match you with, regardless of whether your contact information appears on any federal or state No Call Registry. You acknowledge that such consent is not a condition of purchase. Your information may also be sent to other service providers who may also contact you independent of us.
We seek to connect consumers with companies that provide a variety of services. Statements relating to potential results from these services may apply to one type of service but not another.
Any financial or other relationship entered into between you and any third party that arose from information received or accessed through this website or Merchantify LLC is solely between you and the third party. Merchantify LLC is not a party to your agreements and you assume sole liability for any such agreements. We are not responsible for any transaction that may occur between you or your company and a Merchantify LLC client.
The providers are from companies or industries that may require licensing, bonding, registration or other prerequisites in order to lawfully do business in your state. We encourage you to check with the appropriate agency to be certain any requirements are being met. Individual program fees and results vary, and programs may be unavailable in some states.
The fact that you are matched with a provider that offers you a particular solution should not be intended to suggest that the solution is right for you, or that Merchantify LLC endorses any particular provider or solution. You are strongly encouraged to consult with an attorney and/or a qualified financial advisor prior to making any decision that could have significant legal or financial consequences to you.
Should you have a dispute with any of Merchantify LLC’s suppliers/vendors that you are matched with, you must address such dispute to the supplier/vendor directly, and by using this website you hereby agree to release Merchantify LLC (and our employees, agent, and affiliated entitles, if any, and their employees and agents) from any damages or claims (including consequential and incidental damages) of every kind or nature, suspected and unsuspected, known and unknown, and disclosed or undisclosed, arising out of or in any way connected with such disputes and your dealings with such matched individuals or organizations.
We value our integrity and as a company and individuals, we are committed to providing you with a positive experience. If for any reason, you are not completely satisfied with our service, please email us at: customerservice@Merchantify LLC to discuss your concerns.
6. YOUR USE OF Merchantify LLC SERVICES
You agree that by entering your personal information and submitting it to Merchantify LLC, you are entering into a business relationship with Merchantify LLC, requesting that it distribute your information to its contracted marketing partners, and you expressly consent and request to be contacted by Merchantify LLC, its employees, representatives, agents and third party contracted vendors with promotions and offers relating to your request even if the entered telephone number is currently on a federal, state, or wireless Do Not Call list. By submitting your personal information, you expressly consent to be contacted by Merchantify LLC and it’s contracted marketing partners, including without limitation any autodialed or prerecorded telephone call to any telephone number including without limitation any wireless telephone number, which could result in charges to you. You acknowledge that such consent is not a condition of purchase. It is expressly understood that these contacts, telephone calls, emails, letters, and faxes are being made pursuant to your request for such communications. These contacts are necessary so that that we may provide the services set forth on our site that you requested, to service your account, to reasonably address matters pertaining to your account or for other reasonable purposes related to our business.
If it is determined or suspected by Merchantify LLC in its sole discretion that you are misusing or attempting to misuse or circumvent the Merchantify LLC services or system, or are using or attempting to use it for any inappropriate purposes, including but not limited to activities such as hacking, fraud, advertising, cartelling or spamming, Merchantify LLC reserves the right, in its sole discretion, to immediately terminate your access without notice and to instigate without notice appropriate legal actions or proceedings to seek appropriate remedies and/or damages, including, but not limited to, lost revenue, repairs, legal fees, costs and expenses, and to seek injunctions or other equitable remedies.
In this connection, you acknowledge that if you violate your obligation hereunder not to cartel (i.e., if you use our system as part of an attempt to solicit or sell leads to our clients), in addition to all other remedies available to Merchantify LLC, we will be entitled to liquidated damages in the amount of Fifty Thousand and 00/100 Dollars ($50,000.00). You agree and acknowledge that these liquidated damages are a fair and accurate estimate of Merchantify LLC’s actual damages resulting from a breach of this provision and shall not be construed as penalty or punitive damages against you.
7. INFORMATION YOU PROVIDE TO US
8. YOUR USE OF Merchantify LLC CONTENT
Merchantify LLC also provides content including, but not limited to, text, software, photographs, graphics, data, and other material (“Content”) that are protected by copyright and other laws in both the United States and elsewhere. The Content includes both content owned or controlled by the Merchantify LLC and content owned or controlled by third parties and licensed to Merchantify LLC. Merchantify LLC authorizes you to view and download a single copy of the Content on the site solely for your personal, non-commercial use. You may not sell or modify the Content or reproduce, display, publicly perform, distribute, or otherwise use the Content in any way for any public or commercial purpose without the written permission of Merchantify LLC. As a condition of your use of this site, you warrant that you will not use this site for any purpose that is unlawful or prohibited by these terms, conditions, and notices.
Use of Merchantify LLC Content for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
6. LINKS TO THIRD PARTY SITES
There are links in the Merchantify LLC web site that will let you leave Merchantify LLC’s web site. The linked sites are not under the control of Merchantify LLC and Merchantify LLC is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. Merchantify LLC is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Merchantify LLC of the site.
9. UPGRADES, SUPPORT AND NOTICES
10. NO WARRANTIES
Merchantify LLC does not fully evaluate any company, organization, or individual, or their respective offers, that are accessible through this website. While we use some care in selecting our associates and affiliates, we make no express or implied warranty or representation, nor are we liable for any direct, indirect or consequential damage arising in connection with respect to any of the programs, services or products accessed through this website.
Any financial or other relationship entered into between you and any third party that arose from information received or accessed through this website or Merchantify LLC is solely between you and the third party. Merchantify LLC is not a party to your agreements and you assume sole liability for any such agreements.
THIS WEB SITE, INCLUDING ALL CONTENT MADE AVAILABLE ON OR ACCESSED THROUGH THIS WEB SITE, IS PROVIDED “AS IS”. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, Merchantify LLC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON WEB SITE. FURTHER, Merchantify LLC DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Merchantify LLC DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS WEB SITE OR ANY MATERIALS OR CONTENT CONTAINED HEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEB SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Merchantify LLC SHALL NOT BE LIABLE FOR THE USE OF THIS WEB SITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED HEREIN. IN NO EVENT WILL Merchantify LLC BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, SPECIAL, INCIDENTAL, INDIRECT OR OTHER CONSEQUENTIAL DAMAGES, EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES REGARDLESS OF WHETHER OR NOT EITHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
If any part of these warranty disclaimers or limitations of liability is found to be invalid or unenforceable for any reason, then our aggregate liability for all claims under such circumstances for liabilities that otherwise would have been limited, shall not exceed the greater of fifty dollars ($50.00) or the amount paid by you to Merchantify LLC for your use of any services.
YOU HEREBY AGREE TO WAIVE ALL LAWS THAT MAY LIMIT THE EFFICACY OF SUCH RELEASES CONTAINED HEREIN. FOR EXAMPLE, YOU SPECIFICALLY AGREE TO WAIVE THE PROVISIONS OF Florida CIVIL CODE, WHICH PROVIDES “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Merchantify LLC as a result of this agreement or use of this Web site.
11. GOVERNING LAW
The laws of the State of Florida shall govern this Legal Statement.
12. INTERNATIONAL ACCESS
Our website is provided from the United States of America and all servers that make it available reside in the U.S.A. The laws of other countries may differ regarding the access and use of the website. We make no representations regarding the legality of this website in any other country and it is your responsibility to ensure that your use complies with all applicable laws outside of the U.S.A.
13. BINDING ARBITRATION
This agreement constitutes the entire agreement between you and Merchantify LLC with respect to this site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Merchantify LLC with respect to this site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.