Terms of Service
MerchantBroker.com Terms of Service
Last Updated November 7, 2013
Welcome to MerchantBroker.com, a service of Merchant Broker Inc. Before you begin using our service, you must read and agree to these terms and conditions and policies, including any future amendments that may be made to them (collectively, this “Agreement”). In this Agreement, if you are in the United States, “Company”, “MerchantBroker.com”, “we” and “our” refers to Merchant Broker Inc. company having its principal place of business at 10120 S. Eastern Avenue, Suite 200, Henderson, NV 89052 and if you are elsewhere, they refer to Merchant Broker Inc. company having its principal place of business at 9 Davies Ave., Toronto, Ontario, Canada M4M 2A6 and “User”, “you” or “your” refers to you.
Although we may attempt to notify you when major changes are made to this Agreement, you should periodically review the most up-to-date version at www.merchantbroker.com (the “Site”) as the version of this Agreement applicable to you will be posted at the Site. We may, in our sole discretion, modify or revise this Agreement and policies at any time, and you agree to be bound by such modifications or revisions. If you do not accept and abide by this Agreement, you may not use the MerchantBroker.com service (the “Service”). Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
I. General Terms and Conditions for Use of the Site
While visiting the Site, you may not:
a) post, transmit or otherwise distribute information constituting or encouraging conduct that would constitute a criminal offense or give rise to civil liability, or otherwise use the Site in a manner which is contrary to law or would serve to restrict or inhibit any other user from using or enjoying the Site or the Internet;
b) post or transmit any information or software which contains a virus, cancelbot, trojan horse, worm or other similar, harmful or disruptive component; or
c) upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material obtained through the Site which is protected by copyright, or other intellectual property right, or derivative works with respect thereto, without obtaining permission of the copyright owner or right-holder.
In order to use the Service offered on this Site you must:
a) adhere to the terms of this Agreement;
b) be at least 18 years of age and of the age of majority in the jurisdiction where you reside;
c) be acting on behalf of a business, and not in your individual capacity as a consumer;
d) provide only accurate information concerning yourself and your business; and
e) assume responsibility for your acts through the Services.
2. Site Operation
Company shall be under no obligation to continue to operate the Site for any particular term and may remove or change the Site at its sole and absolute discretion.
3. Monitoring and Content.
You agree to abide by our Content Policy posted at the Site and the rules and restrictions therein. Although we may attempt to notify you when major changes are made to our Content Policy, you should periodically review the most up-to-date version. We may, in our sole discretion, modify or revise our Content Policy at any time, and you agree to be bound by such modifications or revisions.
Violation of any of the foregoing may result in immediate termination of this Agreement, and may subject you to legal consequences hereunder or under applicable laws. We reserve the right, but shall have no obligation, to investigate your use of the Service in order to (a) determine whether a violation of this Agreement has occurred or (b) comply with any applicable law, regulation, legal process or governmental request.
You are responsible for all of the content you post using the Service. Although we reserve the right to monitor content, we have no obligation to do so. Therefore, we take no responsibility for any content. Instead, we merely provide you with access to such content as a service to you.
Although we prohibit users from posting unlawful, offensive, harmful, inaccurate or otherwise inappropriate material, sometimes that might occur. You must use caution and common sense and exercise proper judgment when using the Service.
This section of this Agreement describes the essence of the Services offered by us through this Site. Company is an agent or independent sales organization of certain payment processors or acquiring banks identified on the Site (collectively, the “Processors”). By requesting bids on this Site you are submitting certain information (the “Merchant Data”) for the Company to review against the pricing and underwriting criteria of the Processors. Following such review, depending on the Merchant Data, Company shall use commercially reasonable efforts to present to you one or more bids which contain certain key pricing terms that a Processor may be able to provide to you subject to their underwriting of your business (each such bid being a “Bid”). You will then be allowed to select the Bid that your believe is the best fit for your business. Upon your selection of a given Bid, we will take that selection as a request from you to solicit you for a merchant account on behalf of one of our Processors that is capable of providing merchant services in a manner consistent with the Bid. Please note that the Bid contains key pricing terms, but not all the terms and conditions applicable to a merchant account. Prior to your selecting an individual Bid, we are not yet soliciting your merchant account, as we are not yet certain which Bid you prefer. However, upon your selection of a given Bid, we will contact you one behalf of the Processor that is capable of providing merchant services that are consistent with the terms of the Bid. Prior to your procuring any merchant account through our solicitation you will be presented with and asked to accept all of the terms and conditions of the given Processor applicable to the merchant account. Your selection of a Bid does not constitute the creation of an agreement or an offer of an agreement; instead it constitutes a request by you to be solicited by us on behalf of a given Processor for merchant services that are consistent with the terms of the Bid.
YOU ARE NOT GUARANTEED TO OBTAIN A MERCHANT ACCOUNT PURSUANT TO THE TERMS OF A GIVEN BID OR OTHERWISE. MERCHANT ACCOUNTS ARE PROVIDED BY OUR PROCESSORS THAT MUST UNDERWRITE YOUR APPLICATION. THE RATES POSTED IN A GIVEN BID ARE LIKELY TO CHANGE OVER TIME PURSUANT TO THE TERMS OF YOUR MERCHANT AGREEMENT WITH THE PROCESSOR THAT YOU SELECT; WE OFFER NO ASSUANCES AS TO PRICING WITH A GIVEN PROCESSOR REMAINING UNCHANGED, PARTLY BECAUSE PAYMENT NETWORKS AND OTHER SUPPLIERS ADJUST THEIR PRICING FROM TIME TO TIME, WHICH ADJUSTMENTS ARE OUT OF THE CONTROL OF BOTH OURSELVES AND THE PROCESSOR.
This Agreement is separate and distinct from your agreement with a Processor, if any, for merchant services.
6. No warranties
Our Services are provided to you on an as-is where-is basis and we do not warrant that (i) the Service will meet your specific requirements, (ii) the Service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you as a result of your use of the Service will meet your expectations, or (v) that any errors in the Service will be corrected.
7. Limitation of Liability.
IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION, PRODUCTS OR SERVICES AVAILABLE ON THE SITE. UNDER NO CIRCUMSTANCES SHALL THE COMPANY BE LIABLE TO YOU FOR ANY AMOUNT GREATER THAN $100. LIABILITY FOR MERCHANT SERVICES PROVIDED BY A PROCESSOR, IF ANY SHALL BE THAT OF THE PROCESSOR AND NOT OF THE COMPANY.
If you are dissatisfied with the Site or with any terms, conditions, rules, policies, guidelines or practices of Company in operating the Site, your sole and exclusive remedy is to discontinue using the Site.
You agree to defend, indemnify and hold Company and its affiliates and related companies harmless from any and all liabilities, costs and expenses, including reasonable attorneys' fees, related to any violation of this Agreement by you or users of your account, or in connection with the use of the Site or the Internet or the placement or transmission of any message, information, software or other materials on the Site or on the Internet by you or users of your account.
10. Intellectual Property.
All elements of the Site (the "Elements") such as, without limiting the generality of the foregoing, the texts, articles, photos, illustrations, images, videos and audio materials, are the property of Company and are subject to licenses or agreements allowing their broadcast through the site. No site Element may be copied, reproduced, distributed, published, translated, downloaded, posted or sent, in any way whatsoever, without the prior written approval of Company or the copyright holder. You are allowed to post or download the site Elements, but solely for non-commercial purposes and for personal use, provided you do not change these Elements and maintain all their intellectual property notices.
The trademarks and logos used or posted on the Site are trademarks which were registered or not by Company or third parties. Nothing in the Site may be interpreted as allowing, directly or indirectly, the use of a trademark reproduced on Site without the prior written approval of the owner of such trademark.
11. Third Party Links
Third parties may provide links to other internet websites or resources on this Site. Company neither controls nor endorses such 'linked sites' nor have we reviewed or approved the content or information that appears on these linked sites. You acknowledge and agree that Company is not responsible for the legality, accuracy or appropriate nature of any content, advertising, products or any other materials on or available from such linked sites. You further acknowledge, and agree that Company, its officers, directors, employees, affiliates nor any other representatives shall not be held responsible, or liable, directly or indirectly, for any damage, or loss caused, or alleged to be caused, by or in connection with use of or reliance on any such content, goods and services available on or through any such linked sites.
Company reserves the right to amend this Agreement at any time and without notice. Such changes shall be binding on you if you continue to use the Site. Please review this Agreement from time to time to see that you are in agreement with the terms hereof, such as they may be from time to time.
By agreeing to the terms of this Agreement, you are agreeing to enter into this Agreement by electronic means and that you have been able to download or copy this Agreement prior to your acceptance thereof. This Agreement, including any and all documents referenced herein, constitutes the entire agreement between Company and you pertaining to the subject matter hereof. This Agreement supersedes any prior agreements between you and the Company. In the event that you are solicited by Company for a product or service and you wish to procure such product or service then the application for and supply of such product or service shall be governed by additional terms and conditions separate and apart from this Agreement. Company's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provisions or right. Nothing in this Agreement shall be construed as constituting a partnership, joint venture or other association of any kind, or agent/principal relationship between the parties hereto. If any of the provisions contained in this Agreement were determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions contained herein. If you are in the United States: this Agreement shall be governed by and construed in accordance with the applicable laws of the State of Nevada; and any and all disputes arising under this Agreement shall be resolved exclusively before the courts of competent jurisdiction in the State of Nevada. If you are outside of the United States this Agreement shall be governed by and construed in accordance with the applicable laws of the Province of Ontario; and any and all disputes arising under this Agreement shall be resolved exclusively before the courts of competent jurisdiction in, Toronto, Ontario, Canada.
14. Contacting Company
If you have any questions concerning this Agreement, please contact Company through the contact information on the Site.