Terms of Use

Last updated November 1, 2017.

These terms affect your legal rights and obligations. Please read these Terms of Use (“terms”) carefully to decide if you accept them before using mergershark.com and MergerShark, LLC’s products or services.

The Terms of Use apply to all persons (“you” or “your,” where such language also applies to corporations, partnerships, or other non-individual entities) who read, visit, use, subscribe to, or pay (“user”) for any websites, webpages, applications (including mobile applications), software tools, media, or products or services (collectively referred to as “service” for sake of clarity) offered by MergerShark, LLC (“Company”, “MergerShark”, “we”, “us” or “our”). The research database service offered by MergerShark is a paid service and will be referred to as “paid service” for the sake of clarity when differentiating between the paid and unpaid parts of the service. By accessing or using the service, made available by MergerShark, LLC you agree to be bound to these terms. Your access to and use of our service is conditioned on your acceptance and compliance with these terms. If you do not agree to be bound to any part of the terms or do not comply with any part of the terms, then do not access or use our services.

 

The Service

MergerShark is a United States web-based content and research provider that allows you to access paid and unpaid merger, acquisition, valuation, fair value amortization period, Initial Public Offering Board of Directors compensation and other financial research, information, data, analysis, graphics, and trends.

 

Intellectual Property and Ownership

MergerShark, LLC is the rightful and exclusive owner of all content appearing on our service. We may have patents and pending patent applications, trademarks, service marks, copyrights, and other intellectual property rights covering us. MergerShark, LLC is the rightful and exclusive owner of all trademarks and service marks appearing on our site and services including, but not limited to the MergerShark name, logos, Work Smarter, Not Harder and Take a Bite out of Your Research Time.

Unless otherwise noted, product names, designs, logos, slogans, titles, text, content, images, graphics, audio, video, data, and services within this site are protected by trademarks, service marks, trade names, copyrights, international rights, and/or other proprietary rights and laws of the United States and other countries and are the property of MergerShark. Using our service does not grant you any ownership, license, or right to any patents, pending patents, trademarks, copyrights, branding, or other intellectual property owned by, used by, or filed on behalf of the Company except as expressly provided herein. Our service is also protected as a collective work or compilation under United States copyright and other laws and treaties.

You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained in the service. You acknowledge that the service has been researched, developed, compiled, prepared, revised, selected, and arranged by the Company through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitutes valuable intellectual property of the Company.

You agree to protect the proprietary rights of MergerShark and all others having rights in the service during and after the term of this agreement and to comply with all reasonable requests made by us to protect our contractual, statutory, and common law rights in the service. You agree not to attempt to replicate, imitate, or use any of our intellectual property (including but not limited to data, text, source code, images, photographs, animation, video, audio, etc.) without prior written permission. You agree not to remove or obscure the copyright or other notices and marks contained at the service including but not limited to, any copyright, trademark, service mark, logo, tagline, slogan, or other notices included in any materials from the service.

You agree to notify us promptly upon becoming aware of any unauthorized access or use of the service by any individual or entity or of any claim that the service infringes upon any copyright, trademark, or other contractual, statutory, or common law rights. You may email us at contact@mergershark.com. In your email please include your full name, the issue you noticed, your email address, and your telephone number. You may also call us toll free at 844-697-4275.

All present and future rights in and to trade secrets, patents, copyrights, trademarks, service marks, know-how, and other proprietary rights of any type under the laws of any governmental authority, domestic or foreign, including rights in and to all applications and registrations relating to the service shall, as between you and the Company, at all times be and remain the sole and exclusive property of the Company. All present and future rights in and title to the service, including the right to exploit the service and any portions of the service over any present or future technology, are reserved to us for our exclusive use. Except as specifically permitted by the terms, you may not copy or make any use of the service or any portion thereof.

 

Copyright Notice

Copyright ©MergerShark, LLC. All rights reserved. The contents of the service are the intellectual property of MergerShark, LLC and protected by the copyright laws of the United States, international treaties, and other foreign jurisdictions and intellectual laws and treaties.

No portion of the service or the data and information contained within may be reproduced in any form, or by any means, without proper reference to mergershark.com or MergerShark, LLC. User must treat the service like any other copyrighted material and properly reference its usage in any report, presentation, speech, document, or any other form of written, electronic, or oral presentation. Usage of service information without proper attribution is a violation of copyright laws.

 

Child Use Restrictions

Pursuant to the Children’s Online Privacy Protection Act of 1998 (COPPA), which protects the privacy of children using the Internet, you must be at least thirteen (13) years old to access, visit, read, use, register, and/or subscribe to our site and service. We do not specifically market to or solicit information from children under 13. We do not knowingly contact or collect personal information from children under 13.

 

Using Our Service

If you subscribe to receive an email newsletter, marketing communications, or information or pay for a subscription you will provide us registration information. Where you provide us any personally identifiable information, business information, or billing information for use of the service, you are representing and warranting that you have the right and authority to provide such information and that such information is true, accurate, and current. You may not impersonate any person or entity or falsely state or misrepresent your affiliation with a person or entity. You are also responsible for updating all information you provide us if it changes.

Some parts of the service require the creation of a personalized account with a unique username and password to access the service, manage your account, and receive messages from us. You will be required to submit certain information through an order page for the applicable subscription plan to the service. We reserve the right to deny creation of your account based on our inability to verify the authenticity of your registration information. You are solely responsible for protecting your own account username, password, and other account information. You are advised to make a unique, complex password and you are solely responsible for keeping your password confidential. You are responsible for maintaining the confidentiality of your password and are responsible for any damage, harm, losses, etc. resulting from such disclosure or allowing the disclosure of your password or from use by any person of your password to gain access to your account. You may not allow anyone to log into your account with your username or password and you may not allow anyone else to use, transmit electronically, download electronically or in hard copy, post to or modify the service or do the same to any Internet location using service information, or otherwise reproduce in any fashion any portion of service, except as expressly authorized herein.

You agree to notify us immediately if you suspect or find any unauthorized use of your account and/or password or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password, personally identifiable information, or billing information. You may email us at contact@mergershark.com. In your email please include your full name, the issue you noticed, your email address, and your telephone number. You may also call us toll free at 844-697-4275.

You are fully responsible for all usage and activity on your account. The owners and/or shareholders of any foreign or domestic Corporations, partnerships, limited liability corporations or sole proprietorships are liable for the accounts registered in their or their employee(s) names. The Company will not be responsible for any liabilities, losses, or damages arising out of the unauthorized use of your account and/or password. If the computer system on which you accessed the service is sold or transferred to another party, you warrant and represent that you will delete all cookies and software files obtained by or through use of the service. We reserve the right to terminate your access to our service, at our sole discretion, at any time and for any reason without notice.

 

Prohibited Uses

You may not remove, obscure, or alter any legal notices or intellectual property displayed in or along with our service. User may not use the Company’s intellectual property rights contained in the service to create or provide any other means through which the service may be used, copied, enhanced, licensed, or otherwise modified by any person. User may not take the service content and integrate it into any electronic engine for either front-end or back-end use or licensing with any third party.

You may not use the service for any illegal purpose, for the facilitation of the violation of any law or regulation, or in any manner inconsistent with the terms.

You may not interfere or attempt to interfere through any means with the proper working of the service or any activities conducted on or through the service, including accessing any part of the service and its content, data, or code contained within: a) that is not paid for, b) by using a third party’s account, c) prior to the time that it is intended to be available to the public on the website, d) that is intentionally not made publicly available by its public display. User may not use or attempt to use any code, automated device, program, tool, algorithm, software, malware, process or methodology, or manual process to modify, access, acquire, copy, or monitor any portion of the service, any data or content found on or accessed through the service or any other service materials without the prior express written consent of the Company.

User may not try to limit or prevent access to the service or gain unauthorized access to the service, service materials, computer systems or networks connected to any service of the Company through hacking or any other means. Further, user may not take any action which imposes an unreasonable or disproportionately large demand, load, or burden on the performance or transmission of the service or disrupts the normal flow of the service or otherwise act in a manner that negatively affects other users’ ability to use the service.

User is prohibited from distribution beyond other users and bona fide end user clients. You may not provide data or information to any non-paid users or any competitors of MergerShark. User is prohibited from distribution of the service’s information at educational, marketing or other quasi-public or by-invitation public events, such as continuing public education events without the written approval of MergerShark. User is prohibited from any electronic or other posting on a website or in any other electronic format aside from individual transmission to other users or to bona fide end user clients or distribution of reports or report content without the addition of significant value-added materials or delivery of significant value-added services in addition to the licensed report or content with proper source attribution to MergerShark, LLC. Data re-sale or re-engineering, web or electronic-based commerce or distribution to anyone outside your organization is not permitted.

 

License

For paid service users we hereby grant a non-exclusive, personal, non-sublicensable, nontransferable, license to use the paid service. The license confers no title or ownership of the service and the content contained within the service. The license is for only one individual per paid subscription on any single electronic device (i.e. desktop, laptop, tablet, smart phone, smart watch, etc.) at a time owned or being used by the user. You may not share, sublicense, rent, or lease your license to any third party. You must acquire and dedicate a license for each separate user of the paid service.

With a paid subscription to the service you acquire absolutely no rights or licenses to data and materials contained within the service other than the limited right to utilize the service in accordance with the terms. You may not copy, resell, distribute, rent, lease, loan, modify or create derivative works, adapt, translate, perform, display, email, upload, post, or transfer any information from the service, except as allowed by the Company. You may not reverse engineer, disassemble or decompile or otherwise attempt to derive source code, data or information from all or any portion of the service or anything incorporated therein or otherwise unlawfully use any of the information, copyrighted or trademarked material, trade secrets, or other proprietary information contained in the service, nor permit any third party to do any of the above actions, except to the extent that this restriction is expressly prohibited by applicable law.

Paid service user is authorized to download in electronic storage and to print copies of a reasonable and insubstantial number of pages for personal or professional use for a project, report, document, or presentation prepared by you or your firm or organization, but not for any work where the paid user is not involved. Such download is licensed to you by the Company only for your own personal or professional use in accordance with the terms and does not transfer any other rights to you. User agrees they will not attempt to download, copy, or otherwise replicate service information (either in electronic form or hard copy format) or any substantial portion of the paid service and its materials. User agrees they will not use the service’s materials in a way that diminishes their commercial value or is impermissible as “fair use”, “fair dealing” or its equivalent under applicable copyright and intellectual property law.

By licensing the service, user hereby agrees to refrain from speaking, writing, publishing or otherwise making any defaming comments regarding the service in any print, electronic, television, radio, conference, webinar, webcast, podcast, social media, or other forms of media that would damage or otherwise diminish the reputation of the Company, our employees, or the service.

 

Copyright Infringement

If you are a copyright owner or agent thereof and believe, in good faith, that any materials provided by our service infringe upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) in writing to the Company’s designated copyright agent at:

  • MergerShark, LLC
  • 23371 Sanabria Loop
  • Bonita Springs, Florida 34135
  • United States

You must send the following information:

  • The date of your notification
  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed
  • A description of the copyrighted work claimed to have been infringed, or, or multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at that website
  • A description of the material that is claimed to be infringing or to be the subject of infringing activity and information sufficient to enable us to locate such work
  • Information reasonably sufficient to permit us to contact you, such as an address, phone number, and/or email address
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed
 

Third Party Links

Our service may contain links to third­ party websites or services that are not owned or controlled by us. We have no control over, and assume no responsibility for the content, terms of use, privacy policies, or practices of any third party websites or services. You further acknowledge and agree that we shall not be held responsible or liable, directly or indirectly, for any damages or losses caused or alleged to be caused by or in connection with use of or reliance on any such information, content, goods, or services available on or through any such third party websites or services. We strongly advise you to read the terms of use and privacy policies of any third­ party websites or services that you visit.

 

Changes to Service and No Liability for Reliance

The content and information provided by the service applies only to the respective dates on which the information was first created. This content and information can become out-of-date. We make no commitment, and disclaim any duty, to update any of this content and information. Furthermore, the content and information provided by the service is as is and is not intended as financial or legal advice.

We thoroughly check the data and information that goes into our service, however we can make no representation or guarantee of any kind, either expressed or implied, that the information provided by the service is completely accurate, useful, error-free, or valid and your reliance on and use of any information provided by or obtained from use of the service is at your sole risk. We make no representation the service shall be appropriate or useful in any particular geographic location, particularly outside the United States.

We may occasionally find it necessary or appropriate to make changes to the service including, correcting data or information within the service. These changes may affect information you have used in the past. In no event will we be responsible for your reliance on or use of such past information. We also reserve the right to update the service at any time, including adding or removing any features, functionality, data, content, or the service altogether without prior notice or liability. We may also add additional service features or information that will require an additional subscription or cost in the future at the option of the user.

We do not guarantee the data size expansion of the service from year to year. Such data expansion will depend on the amount of data available each year and our ability to obtain it. The merger market is subject to rapid changes depending on current financial conditions, interest rates, the stock market, and various other factors.

 

Termination of Your Use

Users, including paid users, can have their access to our site and service terminated and accounts disabled immediately, without prior notice or liability, for any reason whatsoever, including stealing or illegally downloading proprietary content or data, infringing upon our intellectual property, offering a competing or similar product or service, sharing one paid user account with others, misrepresentation of your identity, fraud, intending to or causing security or technical issues or harm to ours or others’ rights, property, security, or safety or breaching any of these terms.

 

The Paid Service

The paid subscription service can be billed either monthly or annually at the user’s choice. Subscriptions are for one year. Certain exclusive and non-exclusive coupons and discount/promotional codes may be available for the service. Only one coupon or discount/promotional code can be used per user.

Users of the paid service, depending on their subscription type, may upgrade, downgrade, or cancel their paid subscription at any time. When a subscription is upgraded or downgraded a paid monthly subscriber will be credited for the remaining amount for the month in which you request the upgrade or downgrade. When a subscription is upgraded or downgraded a paid annual subscriber will be credited for the remaining amount for the month in which you request the upgrade or downgrade and for the remaining months left on their previous subscription plan. All users who request a downgrade or upgrade after being issued any applicable refund will then be billed for your new plan, which will start a new subscription contract term.

Users only right and remedy with respect to any dissatisfaction with the service is to terminate your paid subscription, including, without limitation, any dissatisfaction with any terms and conditions of this agreement, any policy or practice used in operating the service, content available in the service, or any change therein, or the amount or type of fees paid.

Paid monthly subscribers who cancel their service will not be issued any refund. Paid annual subscribers who cancel within the first six months of use will get a 50% refund of the remaining time left on your subscription. Paid annual subscribers who cancel after six months of use and before nine months of use will get a 25% refund of the remaining time left on your subscription. Paid annual subscribers who cancel after nine months of use will be offered no refunds.

 

Competition

User, both as an individual and through any corporation, partnership, LLC or similar entity agrees not to compete with the Company in the development or delivery of any similar product or service, either electronically, digitally, or in any other form of print or media.

If potential user, both as an individual and through any corporation, partnership, LLC or similar entity, provides and/or publishes a similar product or service, or publishes a paid valuation related newsletter in print or digital form, they cannot license the paid service.

 

Notices

Email communications by you to us will not constitute legal notice to the Company or any of its officers, employees, agents, or representatives in any situation where notice to the company is required by contract or any law or regulation. Notice must be sent by physical mail to our address. Our address is subject to change. It is incumbent upon you to check the terms on our website or the Contact section of our website for our current address. Notice will be deemed delivered as of the date of actual receipt. Our current mailing address is:

  • MergerShark, LLC
  • 23371 Sanabria Loop
  • Bonita Springs, Florida 34135
  • United States
 

User Consent to Receive Communications in Electronic Form

For contractual purposes you consent to receive communications from the Company in an electronic form via the email address you have submitted and agree that any and all Terms of Use, agreements, notices, disclosures, and other communications that the Company provides to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing. The foregoing does not affect your non-waivable rights.

In connection with your use of the services, we may send you service announcements, administrative messages, and other information regarding your order or subscription, account information, product and service updates, market information, company information, and other products and services.

If at any time you wish to opt-out or unsubscribe from marketing communications, you may do so by notifying us directly, by email, at contact@mergershark.com. In your email please include your full name and your email address and use the subject line “Opt-Out." You may also call us toll free at 844-697-4275. If you chose to unsubscribe from marketing communications, you will continue to receive communications concerning your account, billing, products and services you requested, and in response to any requests for information by you. This opt-out process may take some time to complete, consistent with applicable law.

 

Warranty Disclaimer

We provide our services using a commercially reasonable level of skill and care and we hope that using our service is a beneficial experience. But there are certain things that we do not promise about our services. Values determined by the company, given in the service, are based on our professional judgment and research and may be different from values realized or values determined by another party.

NEITHER MERGERSHARK NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICE. YOU AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK AND ACKNOWLEDGE THAT THE SERVICE AND ANYTHING CONTAINED WITHIN THE SERVICE, INCLUDING, BUT NOT LIMITED TO, CONTENT, SERVICES, GOODS, OR ADVERTISEMENTS ARE PROVIDED “AS IS,” WITHOUT WARRANTIES OF ANY KIND. WITHOUT LIMITING THE FOREGOING, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SERVICE INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. WITHOUT LIMITING THE FOREGOING, THE COMPANY MAKES NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE SERVICE WILL BE CONTINUOUS, ERROR-FREE, SECURE OR VIRUS-FREE. WE DO NOT WARRANT THE SERVICE WILL SATISFY THE REQUIREMENTS OF YOUR ELECTRONIC OR COMPUTER SYSTEMS OR THAT THE SERVICE IS WITHOUT DEFECT OR ERROR. YOU ASSUME FULL RESPONSIBILITY AND RISK OR LOSS RESULTING FROM YOUR USE OF THE SERVICE, INCLUDING DOWNLOADING AND/OR USE OF DATA, INFORMATION, FILES, CONTENT OR OTHER MATERIAL OBTAINED FROM THE SERVICE AND YOU WAIVE ALL CLAIMS AGAINST THE COMPANY THAT MAY ARISE FROM UTILIZATION OF THE SERVICE. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THE FOREGOING DISCLAIMER MAY NOT ENTIRELY APPLY TO YOU.

 

Indemnification

To the extent authorized by law, you agree to indemnify, hold harmless, and defend MergerShark, LLC, its predecessors, successors, assignees, licensors, information providers, and affiliated companies, and all of their current and former employees, officers, directors, shareholders, owners and agents (collectively, "Indemnified Parties") from and against any and all damages, whether direct, indirect, incidental, consequential, special, punitive, or exemplary, and from and against any and all actions, cause of actions, suits, proceedings, claims, losses, expenses, costs and demands of any third parties, including reasonable attorneys’ fees and court costs, resulting directly or indirectly from or arising out of (a) your actual or alleged breach or violation of the terms, (b) your negligent act or omission (c) your use of, inability to use, or improper use of the service, and/or (d) any third party claim, action, or demand related to your use of the service (e) the information made available by the service, and any errors or omissions the information may contain.

 

Limitation of Liability and Damages

IN NO EVENT AND UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL MERGERSHARK, ITS SUPPLIERS, AFFILIATES, AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, SUCCESSORS, OR ASSIGNS BE LIABLE TO YOU OR ANY THIRD PARTY FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, DAMAGES FOR LOSS OF PROFIT, LOSS OF REVENUE, LOSS OF BUSINESS OR BUSINESS OPPORTUNITIES, LOSS OF PROPERTY, LOSS OF INFORMATION , OR BUSINESS INTERRUPTION, EVEN IF MERGERSHARK HAS BEEN ADVISED SPECIFICALLY OF THE POSSIBILITY OF SUCH DAMAGES, ARISING FROM YOUR USE OF OR INABILITY TO USE OR IMPROPER USE OF THE SERVICE OR ANY LINKS OR MATERIALS ON THE SERVICE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL MERGERSHARK'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.

MergerShark and its affiliates assume no responsibility, and shall not be liable for any such damages to or viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing at the site and use of the services or your downloading of any materials or content from the service or any linked sites.

 

Unforeseen Events

We cannot be responsible for the adverse effects to the service due to an act of god, an act of war, or any national emergency, catastrophe, medical calamity, technology failure, power or electric or telephony related issues, virus attacks, cyber or network attacks, or other unforeseen events.

 

Modification of Terms of Use

We may deem it appropriate to change, update, modify or revise our Terms of Use. The most current version of our Terms with a date of last update will be available on our website. Future users of the service will be bound to the terms they agree to which may include subsequent modifications. If subsequent modifications are made current users of the service, including you, will be notified via email at the email address used for your account. This email notification will outline any modifications and give you opportunity to review the modified terms and decide whether you want to be bound by and accept them as a condition of continuing to use our service. If you do not agree to be bound by the new terms you must cancel your use of the service within 15 days of email notification, otherwise you will give assent to the new terms of use. The new terms will go into effect 15 days after we send the email notification to give you adequate time to review the updated terms and decide whether to continue to use our service.

 

United States Export Control and Foreign Assets Control Regulations

We do not represent that materials in the service are appropriate or available for use in any particular location. Those who choose to access the service do so by their own initiative and are responsible for compliance with all applicable laws. The service is subject to United States export controls and may not be downloaded, exported or re-exported into, or to a national or resident of any country with respect to which the United States maintains trade sanctions and embargoes prohibiting the shipment of goods. The service may also not be downloaded, exported, or re-exported to anyone on or acting on behalf of an entity on the U.S. Treasury Department's list of Specially Designated Nationals and Blocked Persons or the U.S. Commerce Department's Denied Persons List or Entities List or included in General Order 3 (15 C.F.R. Part 736, Supplement 1), which prohibits exports to Mayrow General Trading, affiliated entities and persons, and specified persons involved in the manufacture or sale of Improvised Explosive Devices (together referred to as "U.S. Prohibited Party Lists"). By using the service, you represent and warrant that you are not located in or a national or resident of any country that is subject to U.S. trade sanctions and not on any U.S. Prohibited Party Lists or acting on behalf of any person or entity on any such list.

 

Headings

The Section titles in the terms are used solely for the convenience of you and us and have no legal or contractual significance.

 

Governing Law & Jurisdiction

MergerShark, LLC is registered in the State of Florida in the United States of America. These Terms of Use and your use of the service shall be governed by, and construed and interpreted in accordance with the federal laws of the United States of America and the laws of the State of Florida without regard to its conflict of law provisions and principles thereof. All claims and legal proceedings arising out of or relating to these terms or the service will be arbitrated exclusively in Lee County, Florida, United States, and you and MergerShark consent and submit to personal jurisdiction in such location.

 

Arbitration

You agree that, by entering into this agreement, you and MergerShark are each waiving the right to a trial by jury or to participate in a class action lawsuit to resolve all disputes and claims between us that arise out of any aspect of the relationship between us, this agreement, or your use of the service, your account, and the service and its content. This applies whether such claims are based in contract, tort, fraud, unfair competition, misrepresentation, or any other legal theory. However, this does not apply to claims of infringement or other misuse of intellectual property rights, including such claims seeking injunctive relief and claims related to or arising from any alleged unauthorized use, piracy, or theft. You agree to hold any future disputes to individual binding arbitration and agree to be bound by the arbitration decision. You further agree to take all reasonable, good faith efforts to informally resolve any disputes prior to initiating arbitration. This does not prevent you from bringing your dispute to the attention of any federal, state, or local government agencies that can, if the law allows, seek relief from us for you.

A party who intends to seek arbitration must first send the other party a written notice that describes the nature and basis of the claim or dispute and sets forth the relief sought. If you and MergerShark do not reach an agreement to resolve that claim or dispute within 30 days after the notice is received, you or MergerShark may commence arbitration. Written notice to MergerShark must be sent via postal mail to:

  • MergerShark, LLC
  • 23371 Sanabria Loop
  • Bonita Springs, Florida 34135
  • United States
  • ATTN: Arbitration Notice

The Federal Arbitration Act applies to this Section. The arbitration will be governed by the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where applicable, the AAA’s Supplementary Procedures for Consumer Related Disputes, as modified by this Agreement, both of which are available at http://www.adr.org. The arbitrator is bound by the terms of this Agreement. Each party must pay their own costs up to and including the arbitration fees. Any arbitration award shall be equal to or less than the annual subscription fee paid by the party seeking arbitration against MergerShark. If the arbitrator determines your claims are frivolous or costs are unreasonable as determined by the arbitrator you must also reimburse all of MergerShark’s expenses in the matter. You and MergerShark agree not to bring or participate in a class or representative action, private attorney general action or collective arbitration, even if AAA’s procedures or rules would otherwise allow one. The arbitrator may award relief only in favor of the individual party seeking relief and only to the extent of that party’s individual claim. You and MergerShark also agree not to seek to combine any action or arbitration with any other action or arbitration without the consent of all parties to this Agreement and all other actions or arbitrations. If the agreement in this Section not to bring or participate in a class or representative action, private attorney general action or collective arbitration should be found illegal, invalid, void, or unenforceable, you and MergerShark agree that it shall not be severable, that this entire Section shall be unenforceable and any claim or dispute would be resolved in court and not in collective arbitration. Notwithstanding this Section, you have the right to litigate any dispute in small claims court, if all the requirements of the small claims court, including any limitations on jurisdiction and the amount at issue in the dispute, are satisfied.

 

Severability

If any part or provision of these terms is held to be illegal, invalid, void, or unenforceable by a court or arbitrator, that part of the Agreement will be construed consistent with applicable law. The invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision. The remaining provisions of these terms will remain in full force and effect.

You agree that any cause of action related to or arising out of your relationship with the Company must commence within one year after the cause of action occurs, except for actions for breach of a party’s proprietary rights, or actions brought by us for nonpayment. Otherwise, such cause of action is permanently barred.

 

Miscellaneous

Any failure on the part of the Company to enforce any right or provision of these terms will not be considered a waiver of our right to enforce such right or provision in subsequent or similar breaches of these terms. If you do not comply with these terms, and we do not take action right away, this does not mean that we are giving up any rights that we may have, such as taking action in the future.

 

Entire Agreement

These terms constitute the entire agreement between you and MergerShark with respect to the subject matter hereof and control the relationship between MergerShark and you. Nothing in the agreement, express or implied, creates any third party beneficiary rights, benefits, or remedies of any nature whatsoever. The Company may assign or delegate these Terms of Use and/or the Company’s Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign, transfer, or delegate any rights or obligations under the Terms of Use and/or the Company’s Privacy Policy without the Company’s prior written consent, and any unauthorized assignment and delegation by you are void.

 

Your Authority to Agree to the Terms

You represent, warrant and covenant that you have the full power and authority to enter into this agreement and that it is binding upon you and enforceable with accordance with the terms.

 

General Terms

YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, UNDERSTAND THE TERMS OF USE, AND WILL BE BOUND BY THESE TERMS. YOU FURTHER ACKNOWLEDGE THAT THESE TERMS OF USE TOGETHER WITH THE PRIVACY POLICY REPRESENT THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN THE COMPANY AND YOU AND THAT IT SUPERSEDES ANY PRIOR PROPOSALS OR AGREEMENTS, ORAL, ELECTRONIC, OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.

 

Contact Information

If you have any questions, comments, or concerns regarding our Terms of Use, please contact us by email at contact@mergershark.com, by phone at 844-697-4275, or in writing at our physical address. Our address is subject to change. It is incumbent upon you to check the Terms of Use on our website or the Contact section of our website for our current address. Our current mailing address as of the “last updated” date at the top of this agreement is:

  • MergerShark, LLC
  • 23371 Sanabria Loop
  • Bonita Springs, Florida 34135
  • United States.