Terms of Service

Merger Squared – Terms of Service

Updated 2/27/2024

Please read these Terms and Conditions carefully before using this site and/or purchasing access to Merger Squared products.

These Terms and Conditions of Use (these “Terms and Conditions”) set forth the agreement between the mergersquared.com web site and course suite (this “Site”), which is owned, operated and maintained by Prospect to Client, LLC, and each user (“You”, “The User”) governing the use of this web site and course suite. Merger Squared (“we”, “us”, “our”) wants each visitor to this Site to have a safe and informative visit, so we have established the following terms and conditions so that we (and you) know what to expect from each other. Please read these Terms and Conditions carefully before using this Site and/or purchasing access to our course suite. By using or accessing the site to access content including streaming videos and downloadable business resources materials for the Merger Squared Learning Modules, you agree to the following terms and conditions. If you do not agree to all of these Terms and Conditions, do not use this site or course suite.

Merger Squared may revise and update these Terms and Conditions at any time. Your continued usage of the Merger Squared web site and/or course suite (the “Site”) will mean you accept those changes. We encourage you to review this Site and these terms periodically for any updates or changes. Your continued access or use of this Site shall be deemed your notification and acceptance of these changes.

Billing

Some Users may acquire access to the course suite with a recurring billing payment plan. After you sign up, monthly billing will continue via automatic and recurring billing and payments every month until cancellation. Upon cancellation, access to this course suite will cease immediately. There will be no refunds issued unless otherwise specified. Please note that the one-time purchase membership option is not eligible for refunds, and cannot be changed to a monthly membership, once payment has been processed. If you have questions about the billing policy of this program, please complete a contact submission form at mergersquared.com/contact.

This Site Does Not Provide Financial Advice

The contents of this Site and course suite, such as text, graphics, images, information obtained from Merger Squared’s licensors and contributors, and other material contained on this Site (collectively, the “Content”), are for informational purposes only.

The Content is primarily focused on business strategy and business consulting. It does not provide, make any intention to provide, or any representation to provide, financial advice. It is not intended to be a substitute for professional financial advice. Always seek the advice of your wealth advisor or financial advisor licensed to practice in your region with any questions you may have regarding investments. Never disregard professional financial advice or delay in seeking it because of something you have read on this Site.

As with all business strategic consulting, results with this Content may vary. Consult your financial professional before beginning any investment strategy and we encourage you to refer to outside resources for information and questions that maximize program results.

We always try to ensure that the information on the Site and contained in the Content is correct, but we do not accept any liability for error or omission. The Site and Content may contain views and opinions of third parties and we cannot endorse, guarantee, or be responsible for the accuracy or truthfulness of any content generated by our contributors and users.

Privacy

We respect your privacy in accordance with the terms of our Privacy Policy. We reserve the right to monitor this Site and to disclose any information recorded or posted on, submitted to, or transmitted through this Site to the extent that we, in our sole discretion, deem such disclosure necessary or appropriate to comply with any law, regulation, subpoena, or government request, to operate this Site, or to protect our rights or property or the rights or property of our users.

In addition, we are committed to protecting the privacy of children. This web site is not intended or designed to attract users under the age of 18. We do not collect personally identifiable information from any person we actually know is under the age of 18.

WE WILL TRY TO KEEP THE SITE FUNCTIONAL, BUG-FREE, AND SAFE, HOWEVER YOU USE OR DOWNLOAD FROM IT AT YOUR OWN RISK. WE ARE PROVIDING THE SITE AND THE MATERIALS “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES. TO THE FULLEST EXTENT POSSIBLE BY LAW AND SUBJECT TO ANY APPLICABLE LAWS OR OUR STATUTORY RIGHTS, WE DISCLAIM ANY WARRANTY OR CONDITION, EXPRESS OR IMPLIED, INCLUDING AS TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, AVAILABLITY, SECURITY, COMPATABLITY AND NON-INFRINGEMENT OR THAT THE SITE, THE MATERIALS, OR ANY SERVICES ON THE SITE THAT MAKE CONTENT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

WE DO NOT GUARANTEE THAT THE SITE WILL BE SAFE OR SECURE. WE ARE NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.

Use of Content

We cannot guarantee that all recommendations in the course material and Content are suitable for everyone.

Merger Squared authorizes you to access mergersquared.com only for your personal, non-resale use, unless permission is granted by us. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. Except as permitted herein or by the fair use privilege under the United States copyright laws, you may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining our permission for any proprietary right. Any other use of the Content on this Site and/or in our e-bulletins, e-articles or e-books, including reproduction for purposes other than as noted above, modification, distribution, replication, commercial or other use, without our prior written permission, is strictly prohibited.

Any video content accessed by you within the Site is for online streaming only, and you shall not, and shall not allow any third parties including officers and employees, to download or allow the downloading of such video content. The business resources guides contained in the business resources section are to be downloaded at your discretion for your use only, and used solely in conjunction with the program, and shall not be copied, shared or disseminated with third parties.

All other trademarks, product names, and company names and logos appearing on this Site are the sole property of their respective owners. Any special rules for the use of certain other items accessible on this Site may be included elsewhere within this Site and are incorporated into these Terms and Conditions by reference.

Any use of the Content not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws. Content and features are subject to change or termination without notice in the editorial discretion of Merger Squared. All rights not expressly granted herein are reserved to Merger Squared. If you violate any of these terms, your permission to use the Content will automatically terminate and you must immediately destroy any unauthorized copies you have of any portion of the Content.

User Submissions

The personal information that you submit to Merger Squared is governed by our Privacy Policy. To the extent there is an inconsistency between this Agreement and our privacy policy, this Agreement shall govern.

To send us an e-mail, use the “Contact” link located at the bottom of every page of our site (mergersquared.com). You grant Merger Squared and all other persons or entities involved in the operation of this Site the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of this Site. Merger Squared cannot and does not assume any responsibility or liability for any information you submit, or your or third parties’ use or misuse of information transmitted or received using this Site.

This Site contains functionality (including message boards, postings, etc.) that allows users to upload content (the “User Content”) to this Site (collectively “Public Areas”). You agree that you will not upload or transmit any communications or content of any type to the Public Areas (or through the e-mail address(es) or forms listed on our “Contact” page) that infringe or violate any rights of any party. By submitting communications or content to the Public Areas, you agree that such submission is non-confidential for all purposes.

If you submit any business information, idea, improvement of our course suite, concept, or invention to Merger Squared by form or e-mail: (a) you agree that such submission is non-confidential for all purposes; (b) you automatically grant – or warrant that the owner of such content or intellectual property has expressly granted – Merger Squared a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed; (c) waive all moral rights in the User Content which may be available to you in any part of the world and confirm that no such rights have been asserted; (d) appoint Merger Squared as your agent with full power to enter into any document and/or do any act Merger Squared may consider appropriate to confirm the grant and assignment; (e) warrant that you are the owner of the User Content and entity to enter into these Terms and Conditions; and (f) warrant that no such User Content will be subject to any obligation to you or any other person and that Merger Squared shall not be liable for any use or disclosure of such User Content.

Merger Squared may sublicense its rights through multiple tiers of sublicenses. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, do not submit them to Merger Squared by form or e-mail.

Passwords

Merger Squared has several tools that allow you to access the materials and course suite. You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your Merger Squared passwords or accounts.

It is your sole responsibility to: (a) control the dissemination and use of sign-in name, screen name and passwords; (b) authorize, monitor, and control access to and use of your Merger Squared account and password; and (c) promptly inform Merger Squared if you believe your account or password has been compromised or if there is any other reason you need to deactivate a password.

Merger Squared Community and Public Areas

If you use a Public Area, such as message boards, you are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any communications found in the Public Areas. You may not defame, libel or slander another person. Any verbiage that may be possibly construed to be defaming, libel or slanderous, at the sole discretion of our staff, will be removed from the Public Areas.

Merger Squared and its licensors are not responsible for the consequences of any communications in the Public Areas. In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately.

In consideration of being allowed to use the Public Areas, you agree that the following actions shall constitute a material breach of these Terms and Conditions:

1. Using a Public Area for any purpose in violation of local, state, national, or international laws; 2. Posting material that infringes on the intellectual property rights of others or on the privacy or publicity rights of others; 3. Posting material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity (as determined by Merger Squared’s sole discretion); 4. Posting advertisements or solicitations of business; 5. After receiving a warning, continuing to disrupt the normal flow of dialogue, or posting comments that are not related to the topic being discussed (unless it is clear the discussion is free-form); 6. Posting chain letters or pyramid schemes; 7. Impersonating another person or allowing any other person or entity to use your identification for posting or viewing comments; 8. Posting any message that contains any personal information, such as messages that identify phone numbers, social security numbers, account numbers, addresses or employer references; 9. Distributing viruses or other harmful computer code; 10. Harvesting, scraping or otherwise collecting information about others, including e-mail addresses, without their identification for posting or viewing comments; 11. Accessing this Site by any means other than through the interface provided by us for use in accessing this Site; 12. Posting the same note more than once or “spamming”; or 13. Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Public Area or this Site, or which, in the judgment of Merger Squared, exposes Merger Squared or any of its customers or suppliers to any liability or detriment of any type.

Merger Squared reserves the right (but is not obligated) to do any or all of the following: 1. Monitor areas of this Site, including any messaging boards. 2. Investigate an allegation that a communication(s) do(es) not conform to the terms of this section and determine in its sole discretion to remove or request the removal of the communication(s). 3. Remove communications which are abusive, illegal, or disruptive, or that otherwise fail to conform with these Terms and Conditions. 4. Terminate a user’s access to any or all Public Areas and/or this Site upon any breach of these Terms and Conditions, including deactivation or deletion of your account and all related information and files in your account, and preclusion of any further access to such files or this Site, without prior notice. 5. Monitor, edit, or disclose any communication in Public Areas. 6. Edit or delete any communication(s) posted on this Site, regardless of whether such communication(s) violate these standards.

Links to Other Sites

Merger Squared may provide links to third-party web sites. Merger Squared does not recommend and does not endorse the content on any third-party web sites. Merger Squared is not responsible for the content of linked third-party sites, sites framed within this Site, third-party sites provided as search results, or third-party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party web sites is at your own risk and subject to the terms and conditions for such sites. Merger Squared does not endorse any product, service, or treatment advertised on this Site. Some web sites employ automated search results or otherwise link you to web sites containing information that may be deemed inappropriate or offensive; we cannot be held responsible for the accuracy, copyright compliance, legality, or decency of material contained in third-party web sites, and you hereby irrevocably waive any claim against us with respect to such web sites.

Affiliate Marketing

From time to time, the Site may engage in affiliate marketing. This means that if you use an affiliate link to make a purchase, the Site will receive a commission on that purchase. All efforts are made to ensure that affiliate links are disclosed in accordance with the FTC.

Disclaimers; Liability of Merger Squared

When using this Site, information will be transmitted over a medium that may be beyond the control and jurisdiction of Merger Squared. Accordingly, Merger Squared assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of this Site.

MERGER SQUARED, ANY LICENSORS, AND ANY SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.

Without limiting the foregoing, Merger Squared, its licensors, and its suppliers make no representations or warranties about the following: The accuracy, reliability, completeness, current-ness, or timeliness of the Content, text, graphics, links, or communications provided on or through the use of this Site or Merger Squared.

In no event shall Merger Squared (or any of its licensors, suppliers, or third parties mentioned on this Site) be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use this Site, the Content and/or the Public Areas, regardless of whether based on warranty, contract, tort, or any other legal theory, whether or not Merger Squared, its licensors, its suppliers, or any third parties mentioned on this Site are advised of the possibility of such damages. Any claims arising in connection with your use of this Site, any Content, or the Public Areas must be brought within one (1) year of the date of the event giving rise to such action occurred. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states, liability is limited to the fullest extent permitted by law. Notwithstanding the above, our sole liability for any reason to you, and your sole and exclusive remedy for any cause or claim whatsoever, shall be limited to the amount paid by you for any product, information or service purchased by you from us through this Site.

Indemnity

You agree to defend, indemnify, and hold Merger Squared, its ownership, its officers, directors, employees, agents, and licensors, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions.

Termination

These terms are effective until terminated by either party. If you no longer agree to be bound by these Terms and Conditions, you must cease your use of this Site and cancel your access to the course suite. Subject to applicable law, we reserve the right to suspend or deny, in our sole discretion, your access to all or any portion of this Site with or without notice. As stated above, you agree that any termination of your access to this Site may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and bar any further access to such files or this Site. Further, you agree that we shall not be liable to you or any third-party for any termination of your access to this Site.

General

Merger Squared makes no claims that this Site and the Content are appropriate or may be accessed outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access this Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. The United States export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. You agree to abide by these laws and their regulations, including, but not limited to, the Export Administration Act and the Arms Export Control Act, and not to transfer, by electronic transmission or otherwise, any Content derived from this Site to either a foreign national or a foreign destination in violation of such laws.

The following provisions survive the expiration or termination of this Agreement for any reason whatsoever: Liability, Indemnity, Jurisdiction, and Complete Agreement.

Complete Agreement

Except as expressly provided elsewhere, .e.g. in a particular “legal notice” on this Site, these Terms and Conditions constitute the entire agreement between you and Merger Squared with respect to the use of this Site, the Content and the Public Areas. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms and Conditions remain in full force and effect.