Terms of Service

Please read these terms carefully.

This is a legal agreement ("Agreement") between you ("you" or "User") and The Merchant Way LLC ("The Merchant Way," "we," "us," or "our"). By accessing or using The Merchant Way website (the "Site") and any services provided through the Site (the "Service"), you agree to be bound by these Terms of Service. If you do not agree to these terms, please do not use the Site or Service.

Changes to Terms

The Merchant Way reserves the right to modify these Terms of Service at any time. Changes will be effective immediately upon posting to the Site. Your continued use of the Site following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page periodically so you are aware of any changes, as they are binding on you.

Content Ownership and Protection

All content on this Site, including but not limited to text, graphics, logos, images, audio clips, digital downloads, data compilations, and software, is the property of The Merchant Way or its content suppliers and is protected by United States and international copyright laws.

Section 1: Defined Terms

"Content" means all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials posted on or through the Site or Service.

"User Content" means any Content that a User submits, posts, displays, or otherwise makes available on the Site or through the Service.

"The Merchant Way Content" means Content that The Merchant Way creates and makes available in connection with the Site or Service.

"Third-Party Content" means Content that originates from parties other than The Merchant Way or its Users, which is made available in connection with the Site or Service.

"Site Content" means all Content made available in connection with the Site or Service, including User Content, The Merchant Way Content, and Third-Party Content.

Section 2: Use of Site and Service

a. Exclusive Use

Your account is for your exclusive use. You are responsible for maintaining the confidentiality of your password and account information and for all activities that occur under your account. You agree to notify The Merchant Way immediately of any unauthorized use of your account.

b. Information Submitted

You are solely responsible for the information you submit through the Site or Service. You represent and warrant that all information you provide is accurate, current, and complete.

c. Risk Assumption

You acknowledge and agree that your use of the Site and Service is at your sole risk. The Merchant Way is not responsible for any damages or losses resulting from your use of the Site or Service.

d. No Guarantees

The Merchant Way does not guarantee any specific results from the use of the Site or Service. Any testimonials, examples, or case studies presented on the Site are not guarantees that you will achieve similar results.

e. No False Information

You agree not to provide any false, misleading, or inaccurate information through the Site or Service. You agree not to impersonate any person or entity or misrepresent your affiliation with any person or entity.

f. Legal Purpose

You agree to use the Site and Service only for lawful purposes and in accordance with these Terms of Service. You agree not to use the Site or Service in any way that violates any applicable federal, state, local, or international law or regulation.

g. Business Purpose

The Site and Service are intended for business use. By using the Site and Service, you represent that you are using them for business purposes and not as a consumer.

Section 3: Proprietary Rights

The Site and Service contain proprietary and confidential information that is protected by applicable intellectual property and other laws. The Merchant Way and/or its licensors own all right, title, and interest in and to the Site, Service, and The Merchant Way Content, including all intellectual property rights therein.

You may not copy, modify, distribute, sell, or lease any part of the Site, Service, or The Merchant Way Content, nor may you reverse engineer or attempt to extract the source code of the software underlying the Site or Service, unless applicable laws prohibit these restrictions or you have our written permission.

Section 4: User Information

a. Privacy Policy

Your use of the Site and Service is subject to The Merchant Way's Privacy Policy, which is incorporated into these Terms of Service by reference. Please review the Privacy Policy to understand our practices.

b. Disclosure by Law

You acknowledge that The Merchant Way may be required to disclose your personal information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to respond to subpoenas, court orders, or other legal processes.

c. Information Security

The Merchant Way implements commercially reasonable security measures to protect information submitted by Users. However, no method of transmission over the Internet or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.

d. Use of Anonymous Information

The Merchant Way may collect and use anonymous, aggregated data derived from your use of the Site and Service for any purpose, including but not limited to improving the Site and Service, generating statistics, and developing new features.

e. License Regarding Your Content

By submitting User Content to The Merchant Way, you grant The Merchant Way a worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, distribute, prepare derivative works of, and display such User Content in connection with the Site and Service and The Merchant Way's business, including for the purpose of promoting and redistributing part or all of the Site and Service.

Section 5: Services

The Merchant Way provides credit card processing solutions and related services for businesses. Our services may include, but are not limited to, interchange-plus pricing, cash discount programs, virtual terminal access, POS systems, mobile processing solutions, and dedicated account management.

The Merchant Way reserves the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice. We shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.

Section 6: Links to Third-Party Websites

The Site may contain links to third-party websites that are not owned or controlled by The Merchant Way. The Merchant Way has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites. You acknowledge and agree that The Merchant Way shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods, or services available on or through any third-party websites.

Section 7: Disclaimer of Warranty

a. No Warranties

THE SITE AND SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE MERCHANT WAY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

THE MERCHANT WAY MAKES NO WARRANTY THAT (I) THE SITE OR SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SITE OR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE OR SERVICE WILL MEET YOUR EXPECTATIONS.

b. Third-Party Content

THE MERCHANT WAY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD-PARTY CONTENT AVAILABLE ON OR THROUGH THE SITE OR SERVICE. THE MERCHANT WAY IS NOT A PARTY TO AND SHALL HAVE NO RESPONSIBILITY FOR ANY TRANSACTION BETWEEN YOU AND A THIRD-PARTY PROVIDER.

c. Beta Features

FROM TIME TO TIME, THE MERCHANT WAY MAY OFFER NEW "BETA" FEATURES OR TOOLS. SUCH FEATURES OR TOOLS ARE OFFERED SOLELY FOR EXPERIMENTAL PURPOSES AND WITHOUT ANY WARRANTY OF ANY KIND, AND MAY BE MODIFIED OR DISCONTINUED AT THE MERCHANT WAY'S SOLE DISCRETION.

Section 8: Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE MERCHANT WAY, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE SITE OR SERVICE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE MERCHANT WAY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE OR SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE OR SERVICE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE OR SERVICE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE OR SERVICE.

Section 9: Indemnification

You agree to defend, indemnify, and hold harmless The Merchant Way, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Service or your use of the Site or Service.

Section 10: Dispute Resolution by Binding Arbitration; Class Action Waiver

a. Agreement to Arbitrate

You and The Merchant Way agree that any dispute, claim, or controversy arising out of or relating to these Terms of Service or the breach, termination, enforcement, interpretation, or validity thereof, or the use of the Site or Service (collectively, "Disputes") will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.

b. Arbitration Rules

The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes then in effect, except as modified by this "Dispute Resolution" section.

c. Arbitration Process

A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of New Jersey and will be selected by the parties from the AAA's roster of consumer dispute arbitrators.

d. Arbitration Location

Unless you and The Merchant Way otherwise agree, the arbitration will be conducted in Hudson County, New Jersey.

e. Arbitration Fees

Payment of all filing, administration, and arbitrator fees will be governed by the AAA Rules, unless otherwise stated in this Agreement.

f. Authority of Arbitrator

The arbitrator will decide the rights and liabilities, if any, of you and The Merchant Way. The dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based.

g. Waiver of Jury Trial

THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. They are instead electing that all disputes shall be resolved by arbitration under this Agreement.

h. Class Action Waiver

ALL DISPUTES SHALL BE RESOLVED ON AN INDIVIDUAL BASIS. NEITHER PARTY SHALL HAVE THE RIGHT TO HAVE A DISPUTE HEARD AS A CLASS ACTION, AND NO ARBITRATION OR PROCEEDING CAN BE COMBINED WITH ANOTHER WITHOUT THE PRIOR WRITTEN CONSENT OF ALL PARTIES TO THE ARBITRATIONS OR PROCEEDINGS.

i. Opt-Out

You have the right to opt out of binding arbitration within 30 days of the date you first accepted these Terms of Service by emailing info@themerchantway.com. In order to be effective, the opt-out notice must include your full name and address and clearly indicate your intent to opt out of binding arbitration.

Section 11: Communication and Privacy

By using the Site or Service, you consent to receiving electronic communications from The Merchant Way. These communications may include notices about your account and information concerning or related to the Service. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

For information about how we collect, use, and share your personal information, please refer to our Privacy Policy.

Section 12: Term and Termination

These Terms of Service are effective unless and until terminated by either you or The Merchant Way. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Site or Service and by ceasing all use thereof.

The Merchant Way may, in its sole discretion, at any time and for any or no reason, suspend or terminate these Terms of Service with or without prior notice. Upon termination of these Terms of Service, your right to use the Site and Service will immediately cease.

Section 13: Cancellations

You may cancel your account or any services at any time by contacting The Merchant Way at info@themerchantway.com or by calling 1-888-716-0164. The Merchant Way does not require long-term contracts, and there are no early termination fees unless otherwise specified in a separate written agreement.

Section 14: Specific Terms

Certain features or services offered on or through the Site may have additional terms and conditions presented in conjunction with them. You must agree to these additional terms and conditions before using those features or services. In the event of a conflict between these Terms of Service and any additional terms, the additional terms shall control for the relevant feature or service.

Section 15: General Provisions

Last updated: March 2026