Conditions of Use

Welcome to the Merchant Law Group, PLLC (“Merchant Law Group”) website (the “Website”). Merchant Law Group operates as a professional limited liability company organized under the laws of the State of Texas (USA). You must accept the terms of the Agreement in order to use the Website. By accessing or using the Website, you indicate that you have read and understand this Terms of Use Agreement (the “Agreement”) and agree to be bound by it. Please read this Agreement carefully as it forms a binding contract between you and Merchant Law Group. Please print a copy of this Agreement for your records.

Our attorney, Shams Merchant, is licensed to practice law only in Texas but represents clients in commercial real estate and private placement (syndications and funds) transactional matters in all 50 states. Shams Merchant is not certified by the Texas Board of Legal Specialization or the similar board of any other state.

This Website may constitute “Attorney Advertising” under the law of certain jurisdictions. To the extent the state bar rules in your jurisdiction require us to designate a principal office and/or a single attorney responsible for this Website, Merchant Law Group designates its office in Plano, Texas, USA as its principal office and designates Shams Merchant as the attorney responsible for this Website.

Merchant Law Group has endeavored to comply with all legal and ethical requirements in developing this Website and does not desire to represent clients based upon their review of any portions of this Website which do not comply with the legal or ethical requirements of the jurisdiction in which the client is located.

The Website can be accessed from all 50 states, as well as from other countries around the world. As each of these jurisdictions has laws and regulations that may differ from those of Texas, by accessing this Website both you and Merchant Law Group agree that the statutes and laws of the State of Texas, without regard to conflicts of laws principles thereof, will apply to all matters relating to use of this Website (whether grounded in tort, contract, law or equity). In the case of a dispute, you and Merchant Law Group agree any litigation arising between the parties hereto shall be brought only in the state or federal courts having subject matter jurisdiction in Dallas County, Texas. You and Merchant Law Group hereby irrevocably and unconditionally consent to the jurisdiction of any such court and hereby irrevocably and unconditionally waive any defense of an inconvenient forum to the maintenance of any action or proceeding in any such court, any objection to venue with respect to any such action or proceeding, and any right of jurisdiction on account of the place of residence or domicile of any party thereto.

Merchant Law Group makes no representation regarding accessing the materials on this Website from jurisdictions where their contents are illegal or prohibited. Those users who choose to access this Website from other jurisdictions do so at their own risk and are responsible for compliance with local laws and regulations.

If you do not understand or have questions about the Agreement, immediately stop all use of the Website and contact shams@cre.law. This Agreement may periodically change without notice, so you should check the Agreement before every attempt to use the Website. When the Agreement is changed, the date of the latest revision will appear at the top of this page. You agree that you will be bound by this Agreement, however and whenever it is updated, revised, supplemented, modified, or amended, whether you have actual or constructive notice of, and whether you have used or continue to use the Website after, the updates, revisions, supplements, modifications or amendments.

No Legal Services or Attorney-Client Relationship

The materials on this Website are made available by Merchant Law Group for informational purposes only and do not constitute legal advice, do not necessarily reflect the opinions of Merchant Law Group, its attorney or any of our clients, and are not guaranteed to be correct, complete, or up-to-date. Although the Website may provide information concerning potential legal issues, it is not a substitute for legal advice from qualified counsel. The laws of other states and nations may be entirely different from what is described in this Website. Because of these differences, you should not act or rely on any information on this Website without seeking the advice of a competent attorney licensed to practice law in your jurisdiction for your particular problem. You should not and are not authorized to rely on the Website as a source of legal advice. Your use of the Website does not create any attorney-client relationship between you and Merchant Law Group. The facts and results of each case will vary, and no particular result can be guaranteed.

The Website contains electronic contact information for our attorney. The mere act of contacting our attorney electronically, however, does not create an attorney-client relationship. If you wish to become a client of Merchant Law Group, you must contact our attorney and explicitly negotiate a retention. The Website is not an invitation to form an attorney-client relationship.

Unless you have an attorney-client relationship with Merchant Law Group, we are not obliged to keep confidential information you may send us and your communication may not be treated as privileged. Under no circumstances, therefore, should you send confidential information to Merchant Law Group unless you have been authorized to do so by our attorney or you have a pre-existing documented attorney-client relationship with our attorney. In such circumstances, please remember that sensitive or confidential information should be sent by an encrypted means of transmission. The contact forms on this Website are not encrypted and should not be used to send sensitive or confidential information.

USER CONDUCT

Your use of the Website is at the sole discretion of Merchant Law Group, who may deny you further use of the Website at any time, for any reason, with or without cause. Your use of the Website does not entitle you to continued use of the Website. You agree that you will not use the Website for any illegal purpose. In addition, you agree that:

  • You will not harvest, collect or otherwise use contact information made available on the Website for the purpose of sending unsolicited improper communications, including without limitation, unsolicited bulk email (collectively, spam) and that you will not use any Merchant Law Group communications facility to deliver or attempt to deliver spam
  • You will not attempt to gain unauthorized access to the Website or the servers and network associated with the Website
  • You will not circumvent or attempt to circumvent any security or access control technology implemented on the Website, or the servers and network associated with the Website
  • You will not use the Website in any manner designed to degrade the performance or functioning of the Website, including, without limitation, launching Denial-of-Service (DoS) attacks against the Website and you will not upload, post, e-mail or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, network, hardware or telecommunications equipment
  • You will not use the Website to impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with any person or entity
  • You will not upload, post, e-mail or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable
  • You will not upload, post, e-mail or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any person or entity

Merchant Law Group claims a copyright in its works presented at this Website and all object code and source code, text, graphics, multimedia content, including but not limited to images, illustrations, html and other markup languages, and all scripts within the Website associated therewith.

Merchant Law Group grants you a personal, revocable, non-transferable, and non-exclusive right and license to use the object code of the Website on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the software for the Website except and only to the extent that such activity is permitted by applicable law notwithstanding this limitation.

Service Marks – Permitted Use of Merchant Law Group Service Marks

Merchant Law Group service marks identify Merchant Law Group’s products and services and let the public know the source of those products and services. You may make fair use of our service marks in referencing our products and services (for example, in a magazine article) without our permission, provided you follow standard trademark usage practices and provide proper attribution. Other uses require our written permission. If you are in doubt as to whether you need our permission for a specific type of use, please ask us.

You may not use Merchant Law Group logos or “design” service marks (as opposed to our service marks consisting solely of words) under any circumstances without our prior written authorization.

In addition, you may not use Merchant Law Group service marks, whether design or word marks, in the following ways:

  • In a non- Merchant Law Group service name or publication title
  • In, as, or as part of, your own service or trademarks
  • To identify products or services that are not Merchant Law Group’s
  • In a manner likely to cause confusion, disparage or dilute these marks
  • In a manner that implies inaccurately that we sponsor or endorse, or are otherwise connected with, your own activities, products and services
  • As hidden or embedded text in web pages in an effort to cause a search of Merchant Law Group marks to result in a hit on a page not maintained by Merchant Law Group in a manner disparaging of Merchant Law Group

Commercial Use of Merchant Law Group Website Materials and Screen Shots

Reproduction, copying or redistribution of materials on the Merchant Law Group Website for commercial purposes is prohibited without the express written permission of Merchant Law Group. To obtain permission to copy portions of this Website, please send an email to shams@cre.law.

We will evaluate your request and advise you as soon as possible. Merchant Law Group reserves the right to refuse permission to copy, distribute, broadcast or publish any of its copyrighted material, including text and images on our Website.

DISCLAIMER OF WARRANTIES & LIMITATION OF LIABILITY

INFORMATION PROVIDED ON THE WEBSITE IS PROVIDED “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE NON-INFRINGEMENT, QUALITY, PERFORMANCE, NON-INTERFERENCE WITH INFORMATION, AND ACCURACY OF INFORMATIONAL CONTENT.

Merchant Law Group MAKES NO WARRANTY THAT:

  • YOUR USE OF THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,
  • THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE, OR
  • THE QUALITY OF ANY INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Merchant Law Group OR THROUGH THIS WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

Merchant Law Group PERIODICALLY ADDS CHANGES, IMPROVES OR UPDATES THE INFORMATION AND DOCUMENTS ON THE WEBSITE WITHOUT NOTICE. Merchant Law Group ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE WEBSITE. YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY SHALL Merchant Law Group, ITS SUPPLIERS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE WEBSITE’S CONTENTS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL OR EXEMPLARY DAMAGES OF ANY CHARACTER (EVEN IF Merchant Law Group HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING FROM:

  • THE USE OR THE INABILITY TO USE THE WEBSITE;
  • UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
  • STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; OR
  • ANY OTHER MATTER RELATING TO THE WEBSITE.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

  • YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Merchant Law Group EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT, QUALITY, PERFORMANCE, NON-INTERFERENCE WITH INFORMATION, AND ACCURACY OF INFORMATIONAL CONTENT. THERE IS NO WARRANTY THAT INFORMATION PROVIDED ON THE WEBSITE WILL FULFILL ANY OF YOUR PARTICULAR PURPOSES OR NEEDS.

Merchant Law Group MAKES NO WARRANTY THAT:

  • YOUR USE OF THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,
  • THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE, OR
  • THE QUALITY OF ANY INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS.
  • ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
  • NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Merchant Law Group OR THROUGH THIS WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT Merchant Law Group SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Merchant Law Group HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:

  • THE USE OR THE INABILITY TO USE THE WEBSITE;
  • UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
  • STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; OR
  • ANY OTHER MATTER RELATING TO THE WEBSITE.

IF YOU ARE DISSATISFIED WITH THE WEBSITE, OR ANY OF THE INFORMATION CONTAINED THEREON, OR REFUSE TO ABIDE BY THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR USE. NOTWITHSTANDING THE FOREGOING, Merchant Law Group’s LIABILITY TO YOU SHALL IN NO CASE EXCEED $100. YOU FURTHER AGREE NOT TO JOIN IN ANY LAWSUIT WITH ANOTHER PERSON OR SERVE AS A CLASS REPRESENTATIVE OF ANY CLASS ACTION LAWSUIT AGAINST Merchant Law Group ARISING OUT OF THE USE OF THE WEBSITE.

Merchant Law Group SHALL NOT BE HELD LIABLE FOR ANY REPRESENTATIONS ON THIRD PARTY SITES IN RELATION TO THE INFORMATION PROVIDED IN THIS WEBSITE.

Links to Third Party Sites

If you use any links on the Website to websites not maintained by Merchant Law Group, you will leave the Merchant Law Group Website. The linked sites are not under the control of Merchant Law Group and Merchant Law Group is not responsible for the contents of any linked site or any link contained on a linked site. Merchant Law Group provides these links to you only as a convenience and the inclusion of any link does not imply recommendation, approval or endorsement by Merchant Law Group of the site nor is it intended to imply that Merchant Law Group sponsors, is affiliated or associated with, or is legally authorized to use any trade name, registered trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the links. Merchant Law Group is offered no compensation or remuneration from the organizations linked to the Website. Merchant Law Group makes no warranties, explicit or implied, regarding the performance of the links, the performance of the outside sites or the contents of the outside sites. If you decide to access linked third party websites, you do so at your own risk.

Indemnification

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD COMPLETELY HARMLESS Merchant Law Group, ITS ATTORNEY AND EMPLOYEES AND OTHER AFFILIATES FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS, AND EXPENSES, INCLUDING WITHOUT LIMITATION CLAIMS BASED UPON THE NEGLIGENCE OF Merchant Law Group, ITS ATTORNEY AND EMPLOYEES AND OTHER AFFILIATES ARISING FROM OR RELATED TO YOUR USE OF THE WEBSITE, THE MATERIALS IT CONTAINS, AND ANY SITES LINKED TO THIS WEBSITE.

Jurisdiction; Choice of Law

This Agreement and your use of the Website shall be governed by the laws of Texas, without regard to its conflict of laws’ provisions.

Entire Agreement

This Agreement constitutes the entire agreement between you and Merchant Law Group with respect to your use of the Website. There are no other representations, warranties, terms, agreements or conditions, either written or oral, with respect to your use of the Website except as set forth in this Agreement.

Severability

If any provision of this Agreement is found to be void or unenforceable, such provision shall be severed and all other provisions shall remain in force.