Terms of use

These Terms of Use ("Terms") govern access to and use of the website at merchantrehab.com (the "Site") and any related forms, pages, applications, or communications operated by Merchant Rehab ("Merchant Rehab," "we," "our," or "us"). By accessing or using the Site, you agree to these Terms. If you do not agree, do not access or use the Site.

Notice of binding arbitration and class-action waiver. Section 13 contains an arbitration agreement and class-action waiver that affect your legal rights. Please read it carefully.

1. Eligibility and authority

The Site is intended for use by individuals who are at least eighteen (18) years of age and who have the legal capacity to enter into a binding agreement. If you access the Site on behalf of a business, organization, or other entity, you represent and warrant that you have the authority to bind that entity to these Terms, in which case "you" refers to both you and that entity.

2. Informational use only; not legal, tax, or financial advice

Information available on the Site, including descriptions of our services, processes, frequently asked questions, blog content, calculators, verification tools, and similar materials, is provided for general informational purposes only. Nothing on the Site constitutes legal, tax, accounting, financial, or other professional advice; nor does the Site or any communication through it create any attorney-client, fiduciary, advisory, or other professional relationship between you and Merchant Rehab. You should consult a qualified professional before acting on any information presented on the Site. The Site does not, and is not intended to, constitute an offer to settle any debt, an admission of any obligation, or a binding commitment of any kind.

3. Commercial accounts; FDCPA inapplicability

Merchant Rehab is a commercial recovery firm that works business-to-business obligations placed by originating creditors and successors in interest. The federal Fair Debt Collection Practices Act ("FDCPA") regulates consumer debt collection and does not, by its terms, apply to commercial collection activity. Where state, contractual, or other rules apply to our work, we observe them. The Site is not directed to consumer debtors and is not intended to facilitate consumer debt collection.

4. Permitted use

Subject to your compliance with these Terms, Merchant Rehab grants you a limited, revocable, non-exclusive, non-transferable, and non-sublicensable license to access and use the Site for lawful, internal business or personal informational purposes. We reserve all rights not expressly granted in these Terms.

5. Prohibited use

You agree that you will not, and will not permit any third party to:

• use the Site in any way that violates applicable law, regulation, or contract;
• transmit any material that is unlawful, fraudulent, defamatory, harassing, or that infringes any third-party right;
• misrepresent your identity or affiliation with any person or entity, or impersonate any other person;
• submit information you do not have the right to share or that is false, misleading, or deceptive;
• introduce any virus, worm, trojan, ransomware, or other malicious code;
• attempt to gain unauthorized access to the Site, our systems, or any account or data;
• scrape, spider, crawl, or otherwise systematically extract data from the Site, except as permitted by a publicly available robots.txt file;
• circumvent or attempt to circumvent any security feature, rate limit, captcha, or technical safeguard;
• interfere with or disrupt the operation of the Site, including by sending excessive requests; or
• use the Site, our marks, or our content for any commercial purpose other than as expressly authorized by us in writing.

6. Submissions and communications

If you submit information to us through the Site, by email, by phone, by mail, or by any other channel (each a "Submission"), you represent that you have the right to do so. You grant Merchant Rehab a perpetual, irrevocable, worldwide, royalty-free, sublicensable, and transferable license to use, copy, store, process, transmit, analyze, and disclose the Submission in connection with operating our business, working any related account, complying with applicable law, and the purposes described in our Privacy Policy. We may, but are not obligated to, retain Submissions. Do not include in a Submission any information you would not want disclosed in the ordinary course of our business activities, including disclosure to originators, portfolio holders, service providers, professional advisors, or, where required, governmental authorities.

7. Electronic communications and consent

By providing your contact information to Merchant Rehab, you consent to receive communications from us at the contact details you provide, including through electronic means (telephone, email, text message, and similar), in connection with your inquiry or any related account, in accordance with applicable law. You agree that any notices, agreements, disclosures, or other communications that we provide to you electronically satisfy any legal requirement that those communications be in writing. Where applicable law requires consent for call recording or specific forms of communication, we will obtain that consent as required.

8. Intellectual property

The Site and all content, design, source code, compiled code, software, text, graphics, photographs, illustrations, audio, video, data compilations, marks, names, logos, page layouts, and look and feel (collectively, the "Content") are the property of Merchant Rehab or its licensors and are protected by copyright, trademark, and other intellectual property laws. The marks "Merchant Rehab," any logos or design marks of Merchant Rehab, and any related trade dress are trademarks of Merchant Rehab. You may not copy, reproduce, modify, distribute, publicly display, publicly perform, broadcast, transmit, sell, license, create derivative works from, or otherwise exploit the Content, in whole or in part, without our prior written consent, except as expressly permitted by these Terms or applicable law. Any unauthorized use terminates the license granted in Section 4.

9. Third-party links and content

The Site may contain links to or content provided by third parties. Such links and content are provided for convenience only. Merchant Rehab does not control, endorse, or assume responsibility for the content, products, services, or practices of any third party, and your use of any third-party site or service is at your own risk and subject to that third party's terms and policies.

10. Disclaimer of warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE, THE CONTENT, AND ALL SERVICES, FEATURES, TOOLS, AND COMMUNICATIONS PROVIDED THROUGH THE SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS, AND WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. MERCHANT REHAB AND ITS AFFILIATES, OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, AND SERVICE PROVIDERS (COLLECTIVELY, THE "MERCHANT REHAB PARTIES") DISCLAIM ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. WITHOUT LIMITING THE FOREGOING, THE MERCHANT REHAB PARTIES DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, COMPLETE, ACCURATE, CURRENT, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY DEFECT WILL BE CORRECTED. ANY ESTIMATE, CALCULATOR OUTPUT, VERIFICATION INDICATION, OR SIMILAR TOOL ON THE SITE IS PROVIDED FOR PLANNING AND INFORMATIONAL PURPOSES ONLY, IS NOT A QUOTE OR OFFER, AND SHOULD NOT BE RELIED ON AS A SUBSTITUTE FOR PROFESSIONAL JUDGMENT OR DOCUMENTED AGREEMENTS ON A FILE.

11. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE MERCHANT REHAB PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, REVENUE, GOODWILL, OPPORTUNITY, BUSINESS INTERRUPTION, LOSS OF DATA, OR COST OF SUBSTITUTE GOODS OR SERVICES, ARISING OUT OF OR IN CONNECTION WITH THE SITE, THE CONTENT, ANY SERVICE OR TOOL ACCESSIBLE THROUGH THE SITE, ANY COMMUNICATION WITH MERCHANT REHAB, OR THESE TERMS, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE MERCHANT REHAB PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE AGGREGATE LIABILITY OF THE MERCHANT REHAB PARTIES ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SITE EXCEED THE GREATER OF (A) THE AMOUNT YOU HAVE PAID DIRECTLY TO MERCHANT REHAB FOR USE OF THE SITE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY OR (B) ONE HUNDRED U.S. DOLLARS ($100). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU; IN THOSE JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

12. Indemnification

You agree to defend, indemnify, and hold harmless the Merchant Rehab Parties from and against any and all claims, demands, actions, proceedings, liabilities, damages, judgments, settlements, costs, and expenses, including reasonable attorneys' fees and costs, arising out of or relating to: (a) your use of, access to, or activities on the Site; (b) your Submissions; (c) your violation of these Terms or applicable law; or (d) your violation of any right of a third party. Merchant Rehab reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you will cooperate with us in asserting any available defenses.

13. Governing law; dispute resolution; binding arbitration; class waiver

Governing law. These Terms and any dispute arising out of or relating to them, the Site, or your interactions with Merchant Rehab are governed by and construed in accordance with the laws of the State of New York, without regard to its conflict-of-laws principles, and, where applicable, the Federal Arbitration Act and other federal laws of the United States.

Informal resolution. Before initiating any formal proceeding, you agree to first contact us in writing at the address below and provide a detailed description of the dispute and the relief sought. The parties will attempt in good faith to resolve the matter for at least sixty (60) days before commencing arbitration or litigation.

Binding arbitration. Except as provided below, any dispute, claim, or controversy arising out of or relating to these Terms, the Site, or your interactions with Merchant Rehab will be resolved by binding arbitration administered by JAMS under its Comprehensive Arbitration Rules and Procedures or, where applicable, its Streamlined Arbitration Rules and Procedures, before a single arbitrator. The seat of the arbitration will be New York, New York, and the proceedings will be conducted in English. Judgment on the award may be entered in any court of competent jurisdiction.

Class-action waiver. The parties agree that any arbitration or proceeding will be conducted only on an individual basis and not in a class, consolidated, or representative action. The arbitrator may not consolidate more than one party's claims and may not preside over any form of representative or class proceeding. If this class-action waiver is found unenforceable, then the entirety of this arbitration provision will be null and void as to the relevant claim.

Exceptions. Either party may bring an individual claim in small-claims court for disputes within that court's jurisdiction. Either party may seek injunctive or equitable relief in a court of competent jurisdiction to protect its intellectual property, confidentiality, or security interests pending arbitration.

Venue for non-arbitrable disputes. For any dispute not subject to arbitration, the parties consent to the exclusive jurisdiction of, and venue in, the state and federal courts located in New York County, New York, and waive any objection to such jurisdiction or venue.

14. Termination and suspension

We may suspend, restrict, or terminate your access to the Site at any time, with or without notice, for any reason or no reason, including for any actual or suspected violation of these Terms. Sections that by their nature should survive termination will survive, including, without limitation, Sections 6 (Submissions), 8 (Intellectual Property), 10 (Disclaimer), 11 (Limitation of Liability), 12 (Indemnification), 13 (Governing Law and Arbitration), and 17 (Miscellaneous).

15. Changes to these Terms; changes to the Services

We may update these Terms from time to time. The "Last updated" date at the top of this page reflects the most recent revision. Material changes will be notified through the Site or by other reasonable means. Continued use of the Site after the effective date of any update constitutes acceptance of the revised Terms. We may, at any time and without notice, modify, suspend, or discontinue the Site or any portion of it, including features and tools, and we will not be liable to you or any third party for doing so.

16. Force majeure

Merchant Rehab will not be liable for any delay or failure to perform any obligation under these Terms to the extent caused by events beyond its reasonable control, including, without limitation, acts of God, natural disasters, fires, floods, epidemics or pandemics, war, terrorism, civil unrest, government action, labor disputes, telecommunications failures, internet or hosting outages, cyberattacks, or shortages of materials, services, or transportation.

17. Miscellaneous

• Entire agreement. These Terms, together with our Privacy Policy and any other agreement expressly incorporated by reference, constitute the entire agreement between you and Merchant Rehab regarding the Site and supersede all prior or contemporaneous communications and proposals on that subject.
• Severability. If any provision of these Terms is held unenforceable, the remaining provisions will remain in full force and effect, and the unenforceable provision will be reformed only to the extent necessary to make it enforceable.
• No waiver. The failure of Merchant Rehab to enforce any right or provision of these Terms is not a waiver of that right or provision.
• Assignment. You may not assign or transfer these Terms or any of your rights or obligations under them without our prior written consent. We may assign or transfer these Terms freely, including in connection with a merger, acquisition, financing, reorganization, or sale of assets.
• Headings. Section headings are for convenience only and do not affect interpretation.
• Relationship. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between the parties.
• U.S. only. The Site is operated from the United States. We make no representation that the Site is appropriate or available for use in other locations, and accessing the Site from jurisdictions where its content is illegal is prohibited.

18. Contact

Questions about these Terms may be sent to:

Merchant Rehab
Attn: Legal
244 Madison Avenue #1259
New York, NY 10016
Email: info@merchantrehab.com
Phone: (646) 893-0080