The terms and conditions governing use of the MercResolution website and services.
These Terms and Conditions ("Terms") govern your access to and use of the MercResolution website (the "Site") and any services provided by MercResolution ("MercResolution," "we," "our," or "us"). By accessing the Site, submitting information through the Site, communicating with us, or engaging our services, you agree to be bound by these Terms and by our Privacy Policy, which is incorporated by reference. If you do not agree to these Terms, please do not use our website or services.
These Terms are provided in English, and the English version is legally binding. Any translation of these Terms is offered for convenience only, and if any conflict exists between the English version and a translation, the English version controls.
MercResolution provides commercial debt optimization and resolution services for business owners seeking to restructure their commercial debts into affordable payment arrangements. Our services include debt optimization, MCA defense, and commercial debt resolution. Our services are provided nationwide across all 50 states.
The specific scope of work, deliverables, fees, timelines, and any performance-based compensation applicable to your engagement are set forth in your individual written service agreement with us. If there is any conflict between these Terms and your service agreement, the service agreement controls as to the engagement itself.
Our services are provided exclusively to businesses and business owners with respect to business (commercial) debt obligations, including merchant cash advance (MCA) obligations and other business-purpose financing. We do not provide services for consumer, personal, family, or household debts, and our services are not intended for individuals seeking help with personal obligations such as credit cards, medical bills, auto loans, student loans, or residential mortgages.
Federal consumer-protection statutes that regulate consumer debt — including the Fair Debt Collection Practices Act (FDCPA) and the debt-relief provisions of the Telemarketing Sales Rule (TSR) — are directed at consumer (personal) debt and generally do not apply to commercial, business-to-business services of the kind we provide. MercResolution nonetheless maintains compliance with all laws and regulations applicable to commercial debt resolution, including applicable state commercial financing and debt-adjustment requirements. By engaging us, you represent that the obligations covered by your engagement are business debts, incurred for business purposes.
Our services are available only to businesses and business owners who are at least 18 years of age and have the legal capacity to enter into binding contracts. If you engage us on behalf of a business entity, you represent and warrant that you are authorized to bind that entity to these Terms and to your service agreement, and that all information you provide about the entity and its obligations is accurate and complete.
When you engage our debt optimization services, we will work on your behalf to negotiate with your creditors to restructure your commercial debts. We do not guarantee specific outcomes, as results depend on various factors including creditor cooperation, your financial situation, and market conditions. Our goal is to achieve payment reductions of 50%+ and outstanding balance discounts of 20-80%, though actual results may vary.
When you engage our MCA defense and debt resolution services, we will work on your behalf to analyze your commercial debt obligations, negotiate with creditors to reduce balances and restructure terms, and defend your business from predatory lending practices. We maintain compliance with all applicable laws and regulations.
Fees for our services will be outlined in your individual service agreement. Payment terms, fee structures, and any applicable success fees or contingency arrangements will be clearly specified in writing before you engage our services. You agree to pay all fees as outlined in your service agreement. Except as expressly stated in your service agreement, fees earned prior to termination are non-refundable, and you remain responsible for any third-party costs (such as outside legal fees) that your service agreement allocates to you.
As a client, you agree to:
While we strive to achieve the best possible outcomes for our clients, we cannot and do not guarantee specific results. The payment-reduction and balance-discount figures described on this Site reflect goals and outcomes achieved in certain matters; they are not promises, projections, or warranties of the outcome in your matter. Debt resolution outcomes depend on numerous factors beyond our control, including creditor policies, debtor cooperation, economic conditions, and legal requirements. Past performance is not indicative of future results.
The Site may display testimonials, reviews, case examples, or statements describing results achieved for particular clients. These reflect the individual experiences of those clients only; they are not typical results and are not a guarantee, warranty, or prediction of the outcome of your matter. Results vary based on each client's creditors, debt profile, financial condition, and cooperation. We do not provide compensation or incentives in exchange for testimonials unless that fact is disclosed with the testimonial, and we maintain records supporting the marketing claims we make as required by law.
MercResolution is not a law firm, is not licensed to practice law, and does not provide legal advice or legal representation. Nothing on the Site, in our marketing or educational materials, or in any communication from our team — including communications through the AI assistant — constitutes legal advice, creates an attorney-client relationship, or makes any communication with us subject to attorney-client privilege.
When necessary, we have access to highly skilled commercial litigation attorneys who can provide legal representation. If legal action becomes necessary in your case, we will coordinate with qualified legal counsel and you may incur additional legal fees. Any attorney-client relationship will arise only under a separate written engagement agreement between you and that attorney or law firm, and only they can provide you legal advice. If you believe you need legal advice now, you should consult an attorney licensed in your jurisdiction.
The articles, guides, FAQs, and other materials published in our Knowledge Center and elsewhere on the Site are provided for general informational and educational purposes only. They do not constitute legal, financial, tax, accounting, or other professional advice; they may not reflect the most current legal developments; and they are not tailored to your specific circumstances. Reading Site content does not create any professional or client relationship. You should consult a qualified, licensed professional before acting on any information obtained from the Site.
The Site features an automated chat assistant named "Stephanie." Stephanie is an artificial intelligence program — not a human representative, and not an attorney, financial advisor, or other licensed professional. Stephanie's responses are generated automatically, may be incomplete, inaccurate, or out of date, and are provided for general informational purposes only. They are not advice of any kind and are not a commitment, offer, or statement binding on MercResolution.
Conversations with the AI assistant may be recorded, reviewed by our team, and retained as described in our Privacy Policy. Please do not submit highly sensitive information — such as bank account numbers, Social Security numbers, or passwords — through the chat. For information specific to your engagement, speak directly with a member of our team.
In providing our services, we may review financial information you supply to us, including business credit reports, bank statements, and schedules of your debt obligations. We do not obtain a consumer credit report about you without your separate written authorization identifying a permissible purpose under the Fair Credit Reporting Act (FCRA), and any consumer report we obtain is used only for the authorized purpose in connection with your commercial engagement.
MercResolution is not a credit repair organization and does not offer credit repair services, and we do not report your payment activity to consumer credit bureaus. If you believe information in any credit report about you or your business is inaccurate, you have the right to dispute that information directly with the reporting bureau.
By using the Site or engaging our services, you consent to receive communications, disclosures, agreements, notices, and other records from us in electronic form, and you agree that electronic signatures and electronic records satisfy any legal requirement that a communication be in writing or signed, consistent with the federal Electronic Signatures in Global and National Commerce Act (E-SIGN) and similar state laws.
To access and retain electronic records, you need a device with internet access, a current web browser, an active email address, and the ability to view, save, or print documents (including PDF files). You may withdraw your consent to electronic records by contacting us; however, withdrawal may limit our ability to provide certain services to you and does not affect the legal effectiveness of records delivered before your withdrawal.
By providing your telephone number and/or email address to us — through the Site, the AI assistant, or otherwise — you expressly consent to being contacted by MercResolution and its service providers at that number or address regarding your inquiry, your account, and our services and offers. This consent includes contact by live operators, automated telephone dialing systems, prerecorded or artificial voice messages, text message (SMS/MMS), and email, to the extent permitted by applicable law, including the Telephone Consumer Protection Act (TCPA), even if your number appears on a federal or state do-not-call registry. Your consent to receive marketing communications is not a condition of purchasing any service from us.
You may revoke your consent at any time. To stop text messages, reply STOP to any message; for help, reply HELP. To stop marketing emails, use the unsubscribe link in the email or contact us directly. You may also tell any member of our team, or contact us using the information in Section 31, that you wish to opt out. Message frequency varies; message and data rates may apply. Opting out of marketing communications will not affect transactional or service-related messages concerning an active engagement.
You agree to use the Site only for lawful purposes and in accordance with these Terms. You may not:
We reserve the right to investigate violations, to suspend or terminate access to the Site for any violation of these Terms, and to cooperate with law enforcement authorities where required or appropriate.
All content on our website, including text, graphics, logos, images, and software, is the property of MercResolution or its licensors and is protected by copyright, trademark, and other intellectual property laws. We grant you a limited, revocable, non-exclusive license to view the Site's content for the purpose of evaluating or receiving our services. You may not reproduce, distribute, modify, or create derivative works from our content without our express written permission.
We maintain strict confidentiality regarding all client information. We will not disclose your confidential information except as necessary to provide our services, as required by law, or with your explicit consent. All information shared with us is subject to our Privacy Policy. Please note that because MercResolution is not a law firm, communications with our team are not protected by attorney-client privilege; privilege applies only to communications with an attorney you separately engage.
Either party may terminate the service agreement in accordance with the terms specified in your individual service agreement. Upon termination, you remain responsible for any fees incurred up to the termination date. We reserve the right to terminate services immediately if you breach these Terms or engage in fraudulent activity. Provisions of these Terms that by their nature should survive termination — including dispute resolution, limitation of liability, indemnification, and intellectual property — survive any termination.
THE SITE AND ALL CONTENT, MATERIALS, AND INFORMATION MADE AVAILABLE THROUGH IT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT ANY CONTENT IS ACCURATE, COMPLETE, OR CURRENT.
To the fullest extent permitted by law, MercResolution shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to our services or your use of the Site. Our total liability shall not exceed the amount of fees you have paid to us for services.
You agree to indemnify, defend, and hold harmless MercResolution and its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to your breach of these Terms, your use of our services, your provision of inaccurate information, or your violation of any law or the rights of a third party.
Any dispute, claim, or controversy arising out of or relating to these Terms, the Site, or our services shall be resolved exclusively through final and binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules, before a single arbitrator. The arbitration shall take place in Houston, Texas, and judgment on the award may be entered in any court of competent jurisdiction. The arbitrator may award any remedy available under applicable law, and each party bears its own attorneys' fees and costs unless the arbitrator determines otherwise under applicable law or the AAA rules.
YOU AND MERCRESOLUTION EACH WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, OR ANY OTHER REPRESENTATIVE PROCEEDING. ALL CLAIMS MUST BE BROUGHT ON AN INDIVIDUAL BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, AND WITH RESPECT TO ANY CLAIM THAT PROCEEDS IN COURT RATHER THAN ARBITRATION FOR ANY REASON, YOU AND MERCRESOLUTION EACH KNOWINGLY, VOLUNTARILY, AND IRREVOCABLY WAIVE ANY RIGHT TO A TRIAL BY JURY.
These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law provisions. Subject to the arbitration provision above, any legal action or proceeding shall be brought exclusively in the state or federal courts located in Houston, Texas, and you consent to the personal jurisdiction of those courts.
We comply with all applicable federal and state laws governing commercial debt resolution, including the Fair Credit Reporting Act (FCRA) where consumer reports are concerned and applicable state commercial regulations. Because our services are limited to business debt, statutes that regulate consumer debt collection and consumer debt settlement — such as the FDCPA and the TSR's debt-relief provisions — generally do not apply to our services. We expect our clients to also comply with all applicable laws.
MercResolution shall not be liable for any delay or failure to perform resulting from causes beyond its reasonable control, including acts of God, natural disasters, war, terrorism, civil disturbance, labor disputes, epidemics or pandemics, governmental actions or orders, utility or telecommunications failures, cyberattacks, or failures of third-party service providers. Performance obligations affected by such an event are suspended for the duration of the event.
You may not assign or transfer your rights or obligations under these Terms or your service agreement without our prior written consent. MercResolution may assign its rights and obligations, in whole or in part, to an affiliate or to a successor in connection with a merger, acquisition, reorganization, or sale of all or substantially all of its assets, without your consent, provided the assignee agrees to honor these Terms.
We reserve the right to modify these Terms at any time. We will notify you of any material changes by posting the updated Terms on our website and updating the "Last Updated" date. Your continued use of our services after any modifications constitutes your acceptance of the updated Terms. Modifications do not alter the terms of an existing signed service agreement except as that agreement provides.
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect. The invalid or unenforceable provision shall be replaced with a valid provision that most closely reflects the intent of the original provision. Our failure to enforce any right or provision of these Terms is not a waiver of that right or provision, and any waiver must be in writing to be effective.
These Terms, together with your individual service agreement and our Privacy Policy, constitute the entire agreement between you and MercResolution regarding the use of our services and supersede all prior agreements and understandings, whether written or oral.
If you have questions about these Terms, please contact us:
MercResolution
24 Greenway Plaza, Suite 1800L
Houston, TX 77046
Email: info@MercResolution.com
Phone: (830) 587-5010
By using our website and services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.