Last updated: July 25, 2025
Please read these Terms of Service (“Terms”) carefully before using the https://merchantowl.com website (the “Website”) operated by Merchant Owl LLC, a limited liability company formed in Florida, United States (“Merchant Owl,” “we,” “our,” or “us”). These Terms govern your access to and use of the Website.
By accessing or using the Website, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you must not use the Website.
1. Eligibility and Use
You may use this Website only if you are at least 18 years of age and legally capable of entering into a binding agreement. You agree to comply with all applicable laws and these Terms at all times when using the Website.
2. Prohibited Uses
You agree not to use the Website:
- To impersonate Merchant Owl LLC or any of its employees or representatives
- To misrepresent your identity or affiliation with any person or entity
- To transmit unsolicited promotional or advertising materials (e.g., spam, chain letters, junk mail)
- In any manner that restricts or inhibits others from using the Website
- To harm or exploit minors in any way
- To introduce viruses, malware, or any other harmful material
- To interfere with the Website’s performance, security, or accessibility
- To access or attempt to access any non-public areas of the Website
- To monitor, scrape, or copy the Website or its content without authorization
- In violation of any local, state, national, or international law or regulation
We reserve the right to terminate or suspend access to the Website for violations of these Terms.
3. Intellectual Property
All content on the Website—including text, graphics, logos, audio, software, and visual elements—is the property of Merchant Owl LLC or its content suppliers and is protected by U.S. and international copyright, trademark, and other intellectual property laws.
Unless expressly permitted in writing, you may not reproduce, distribute, modify, display, or create derivative works based on any content from this Website.
4. DMCA & Intellectual Property Complaints
We respect the intellectual property rights of others. If you believe that content on our Website infringes your intellectual property rights, please send a written notice titled “Infringement of Intellectual Property Rights – DMCA” to:
Merchant Owl LLC
Attn: Rich Kling
Email: info@merchantowl.com
Phone: 888-996-4695
Address: 1200 Fourth Street #571, Key West, FL 33040
Your notice must include:
- A physical or electronic signature of the rights holder or authorized agent
- Description of the infringed work and its location on our Website
- Your contact information
- A statement of good faith belief that the use is unauthorized
- A statement under penalty of perjury that the information is accurate
5. Availability and Accuracy
We make reasonable efforts to ensure the Website is accurate and up-to-date but do not guarantee that content is complete, current, or error-free. We may update or change the Website at any time without notice.
We are not responsible for any errors, omissions, or delays in the Website’s functionality or content, and we reserve the right to correct any inaccuracies or update information at any time.
6. Third-Party Links
Our Website may contain links to third-party websites or services not owned or controlled by Merchant Owl LLC. We are not responsible for the content, privacy practices, or reliability of any third-party sites. Accessing third-party links is at your own risk.
7. Disclaimer of Warranties
The Website is provided “as is” and “as available” without warranties of any kind, express or implied, including but not limited to merchantability, fitness for a particular purpose, or non-infringement.
We do not guarantee that the Website will be secure, error-free, or available at any particular time or location.
8. Limitation of Liability
To the fullest extent permitted by law, Merchant Owl LLC and its affiliates, officers, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages—including loss of profits, data, or goodwill—arising from:
- Your use or inability to use the Website
- Any errors, inaccuracies, or omissions in Website content
- Any malware, viruses, or harmful components obtained through the Website
- Any third-party links or services accessed via the Website
This limitation applies regardless of legal theory (contract, tort, negligence, strict liability, etc.) and even if we were advised of the possibility of such damages.
9. Indemnification
You agree to indemnify, defend, and hold harmless Merchant Owl LLC and its affiliates, officers, employees, and agents from and against any claims, losses, damages, liabilities, or expenses (including legal fees) arising out of or relating to:
- Your use or misuse of the Website
- Violation of these Terms
- Infringement of any third-party rights, including intellectual property
10. Termination
We reserve the right to suspend or terminate your access to the Website at any time, with or without notice, for conduct that we believe violates these Terms or is harmful to other users, us, or third parties.
11. Governing Law & Dispute Resolution
These Terms are governed by and construed in accordance with the laws of the State of Florida, without regard to conflict of law principles. Any legal action or proceeding shall be brought exclusively in the courts located in Monroe County, Florida.
Both you and Merchant Owl LLC agree to waive any right to participate in class actions, and to resolve any disputes individually.
12. Changes to These Terms
We reserve the right to modify or replace these Terms at any time. Updates will be posted with a revised “Last Updated” date. Your continued use of the Website after changes are posted constitutes your acceptance of the updated Terms.
13. Contact
If you have any questions or concerns about these Terms, please contact us at:
- info@merchantowl.com
- 888-996-4695