MERCHCO SERVICES, INC. TERMS OF USE
Last Revised: August 12, 2026
PLEASE READ THESE TERMS OF USE CAREFULLY. SECTION 11 CONTAINS A BINDING ARBITRATION PROVISION, A CLASS ACTION WAIVER, AND A JURY TRIAL WAIVER THAT AFFECT YOUR LEGAL RIGHTS. BY USING THE SITE, YOU AGREE TO THESE TERMS.
1.1. These Terms of Use (the “Terms”) are a binding agreement between you and Merchco Services, Inc., a Texas corporation (“Merchco,” “Company,” “we,” “our,” or “us”), and govern your access to and use of https://merchcoservices.com and any related pages and online forms on which these Terms are posted (collectively, the “Site”). By accessing or using the Site, you acknowledge that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy and Cookie Policy, each of which is incorporated into these Terms by reference. If you do not agree, do not access or use the Site.
1.2. The Site is an informational and marketing website. It does not offer products for sale, does not process transactions, and does not provide user accounts or logins.
4.1. Permitted Use. We grant you a limited, revocable, non-exclusive, non-transferable license to access and use the Site for your personal, non-commercial, informational purposes, subject to these Terms.
4.2. Prohibited Conduct. You agree that you will not, and will not attempt to:
(a) Use the Site for any unlawful purpose or in violation of any applicable law or regulation;
(b) Copy, reproduce, distribute, republish, download, display, post, or transmit any part of the Site except as expressly permitted by these Terms or with our prior written consent;
(c) Use any robot, spider, scraper, or other automated means to access the Site or collect information from it, or otherwise interfere with the proper working of the Site;
(d) Introduce any virus, malware, or other malicious or harmful code, or attempt to gain unauthorized access to the Site, its servers, or any connected systems or networks;
(e) Probe, scan, or test the vulnerability of the Site or breach any security or authentication measures;
(f) Use the Site to transmit unsolicited advertising, spam, or other unauthorized communications, or to harass, abuse, or harm another person;
(g) Submit false, misleading, or fraudulent information through any form on the Site; or
(h) Use the Site in any manner that could disable, overburden, damage, or impair it or interfere with any other party’s use of the Site.
(i) We reserve the right, but assume no obligation, to monitor use of the Site and to suspend or terminate access for any user who violates these Terms, without notice and without liability.
5.1. The Site and all content, materials, and features available through it, including text, graphics, logos, images, layouts, designs, and the “Merchco” name and marks, are owned by Merchco or its licensors and are protected by United States and international intellectual property laws. Except for the limited license granted in Section 4.1, no right, title, or interest in the Site or its content is transferred to you.
5.2. You may not use any Merchco name, trademark, service mark, or logo without our prior written permission. All trademarks, service marks, and trade names of third parties appearing on the Site are the property of their respective owners.
5.3. If you submit any comments, suggestions, or other feedback about the Site, you grant Merchco a perpetual, irrevocable, royalty-free, worldwide license to use that feedback for any purpose without obligation to you.
8.1. THE SITE AND ALL CONTENT, MATERIALS, AND INFORMATION ON IT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY LAW, MERCHCO DISCLAIMS ALL WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
8.2. Merchco does not warrant that the Site will be uninterrupted, secure, error-free, or free of viruses or other harmful components, or that any defects will be corrected. The content on the Site is provided for general informational purposes only and does not constitute professional, legal, financial, or other advice. You should not rely on Site content as a substitute for advice from a qualified professional, and any reliance you place on Site content is at your own risk.
9.1. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL MERCHCO, ITS AFFILIATES (INCLUDING MERCHCO CONSTRUCTION SERVICES, LLC), OR THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AGENTS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MERCHCO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
9.2. TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF MERCHCO AND THE PARTIES DESCRIBED ABOVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SITE WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS (US$100.00).
9.3. Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you. In such cases, our liability is limited to the fullest extent permitted by applicable law.
11.1. PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS AND REQUIRES INDIVIDUAL ARBITRATION OF MOST DISPUTES INSTEAD OF COURT PROCEEDINGS AND CLASS ACTIONS.
11.2. Informal Resolution. Before initiating any arbitration or other proceeding, you agree to first contact us using the details in Section 14 and to attempt in good faith to resolve the dispute informally for at least thirty (30) days after you provide written notice describing the dispute.
11.3. Agreement to Arbitrate. You and Merchco agree that any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Site (a “Dispute”) that is not resolved informally will be resolved exclusively by final and binding individual arbitration, rather than in court, except as provided in Section 11.7. This arbitration agreement is governed by the Federal Arbitration Act.
11.4. Arbitration Procedure. The arbitration will be administered by a nationally recognized arbitration provider (such as the American Arbitration Association) under its rules then in effect for consumer disputes. The arbitration will be conducted in San Antonio, Texas, or, at your election, in the county of your residence, or by videoconference or on the basis of written submissions where the rules allow. The arbitrator’s decision will be final and binding and may be entered as a judgment in any court of competent jurisdiction.
11.5. CLASS ACTION WAIVER. YOU AND MERCHCO AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS AND MAY NOT PRESIDE OVER ANY FORM OF CLASS OR REPRESENTATIVE PROCEEDING.
11.6. JURY TRIAL WAIVER. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND MERCHCO EACH WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHT TO SUE IN COURT AND TO HAVE A TRIAL BEFORE A JUDGE OR JURY. If for any reason a Dispute proceeds in court rather than arbitration, you and Merchco each knowingly and irrevocably waive any right to a trial by jury.
11.7. Exceptions. Notwithstanding the foregoing, (a) either party may bring an individual action in small-claims court for disputes within that court’s jurisdiction, and (b) either party may seek injunctive or other equitable relief in a court of competent jurisdiction to protect its intellectual property or confidential information.
11.8. Opt-Out. You may opt out of this arbitration agreement (Sections 11.3 through 11.6) by sending written notice of your decision to opt out to the address in Section 14 within thirty (30) days after you first accept these Terms. Your notice must include your name and a statement that you wish to opt out of the arbitration agreement. Opting out will not affect any other provision of these Terms.
11.9. Severability. If the class action waiver in Section 11.5 is found unenforceable as to a particular claim or request for relief, then that claim or request will be severed and may proceed in court, while all other claims will remain in arbitration.
14.1. Entire Agreement. These Terms, together with the Privacy Policy and Cookie Policy, constitute the entire agreement between you and Merchco regarding the Site and supersede any prior agreements.
14.2. Severability. If any provision of these Terms is held invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the remaining provisions will remain in full force and effect.
14.3. No Waiver. Our failure to enforce any provision of these Terms is not a waiver of that provision or any other.
14.4. Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms without restriction.
14.5. Contact. Questions about these Terms may be directed to:
MERCHCO SERVICES, INC. PO Box 701605, San Antonio, Texas 78270. Phone: 888.879.8813. Fax: 800.807.0147. Contact form: https://merchcoservices.com/contact-us/. Privacy email: privacy@merchcoservices.com.
Last Revised: August 12, 2026
