Terms of Use

Last updated on March 18, 2019

Broad Application

Your use of the merger-resources.com website and any other information or resources we provide, including products and services you purchase from us, are subject to these legally-binding Terms of Use. If you do not agree with these Terms of Use or you are not willing to abide by them, do not use this website OR PURCHASE ANY PRODUCTS OR SERVICES FROM BRAATEN WOODS, LLC.

Educational Purposes Only / No Advice

The information and resources we make available on this website or when you purchase products and services from us are provided for informational and educational purposes only. Our information and resources are never intended as a detailed and exhaustive explanation of any particular subject.

At times, our information and resources may involve financial and legal matters, although they are not financial, legal, or other professional advice of any sort. Braaten Woods, LLC is not a law firm or an accounting or tax firm. We do not provide legal, accounting, or tax services to anyone.

Braaten Woods provides M&A advisory services to clients who have a written engagement letter with us. If you do not have a separate written engagement letter signed by an authorized officer of Braaten Woods, LLC, you are not a Braaten Woods client.

We hope the information we provide to you is helpful, although do not rely on it to take or not take important actions. Our information and resources are not a substitute for professional advice intended to be applied to your specific circumstances.

Many aspects of law, accounting, tax, and other professional fields are highly fact-dependent and subject to all sorts of exceptions and nuances. Be careful about applying general information to specific circumstances. It is easy to misapply general information or draw incorrect conclusions from it.

Also, while we try to keep this website and our training materials up-to-date, information changes rapidly. We cannot guarantee that all of the information on the merger-resources.com website or in our training courses or other resources is current.

If you have an important legal issue, we encourage you to engage an attorney to give you advice for your specific situation. You are responsible for obtaining appropriate advice from a qualified attorney tailored to your specific circumstances before acting or not acting on any information you obtain through this website or our products and services generally.

Form Legal Agreements

We provide form documents on this website. These agreements are available for educational purposes. We do not recommend using a standard form agreement for an actual transaction. Legal agreements are unique and often highly-customized. Despite popular opinion, lawyers rarely grab a form template, change the names, and send it out. Few legal agreements can be handled properly with such little effort.

A form agreement on this website may be customized for a transaction that is nothing like your transaction. Or, it may be very general while your deal is highly specific. Ultimately, even if you can understand whether every word in an agreement on our website is relevant to your deal, you still run the risk of not knowing what terms are not in that agreement but should be in it.

We want to help you understand the world of M&A but DIY lawyering is risky. If you choose to go the DIY route without the advice of professionals who represent you, you do so entirely at your own risk.

Limits on Unlawful Use or Access

You may not use this website or any information or resources we provide to you in any way that is unlawful or that harms Braaten Woods, LLC or any third party.

You further agree not to violate the security of this website or attempt to gain unauthorized access to it or our computer systems or network connections to any server associated with Braaten Woods, LLC through hacking, password mining or any other method.

We reserve the right to refuse service, terminate access, or take any other steps to restrict your use of this website or Braaten Wood’s products or services at any time for any reason.

DISCLAIMERS / LIMITATIONS OF LIABILITY

NEITHER BRAATEN WOODS, LLC NOR ANY OF OUR EMPLOYEES, OFFICERS, MANAGERS, MEMBERS, OWNERS, CONTRACTORS, REPRESENTATIVES, ADVISORS OR ANY OF THEIR AFFILIATES BEARS ANY LIABILITY, CONTINGENT OR OTHERWISE, FOR THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE INFORMATION AND RESOURCES ON THE MERGER-RESOURCES.COM WEBSITE OR INCLUDED IN ANY OF OUR PRODUCTS OR SERVICES OR FOR ANY ACTIONS YOU TAKE OR CHOOSE TO NOT TAKE IN RELIANCE ON OUR INFORMATION OR RESOURCES.

ALL INFORMATION AND RESOURCES ON THIS WEBSITE OR THAT WE MAKE AVAILABLE TO YOU IN OTHER WAYS, INCLUDING THROUGH ONLINE COURSES AND WEBINARS, IS PROVIDED TO YOU ON AN “AS-IS, WHERE-IS” “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS. YOUR USE OF THIS INFORMATION IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WITH RESPECT TO INFORMATION OR RESOURCES WE PROVIDE TO YOU, BRAATEN WOODS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO SATISFACTORY QUALITY AND EFFECTIVENESS OF THE INFORMATION AND RESOURCES WE PROVIDE TO YOU STARTS AND ENDS WITH YOU.

WE DO NOT WARRANT THAT THE INFORMATION, CONTENT, MATERIALS, AND OTHER RESOURCES WE PROVIDE TO YOU ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER ANY DAMAGES OR LOSSES (OR ALLEGED DAMAGES OR LOSSES) ARISE FROM BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, OR ANY OTHER CAUSE OF ACTION, EXCEPT IF SUCH EXCLUSIONS AND LIMITATIONS ARE PROHIBITED BY LAW.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. IN THAT CASE, YOU MAY HAVE ADDITIONAL RIGHTS. SEEK THE ADVICE OF A LAWYER IF YOU WISH TO EXPLORE THESE ADDITIONAL RIGHTS.

IF THESE LIMITATIONS OF LIABILITY AND EXCLUSIONS ARE PROHIBITED BY APPLICABLE LAW, BRAATEN WOOD’S TOTAL MAXIMUM LIABILITY TO YOU FOR DAMAGES RELATED IN ANY WAY WHATSOEVER TO THIS WEBSITE AND INFORMATION OR RESOURCES WE PROVIDED IS LIMITED TO $250.

Email and other Electronic Communications

When you send e-mails, text messages or other communications from your desktop or mobile device to us, including submitting information through an online form on the merger-resources.com website, you are communicating with us electronically. Electronic methods of communication are not highly secure, so be cautious when sending important and sensitive information in this way.

We will communicate with you in a variety of ways, such as by e-mail, text, or by posting notices and messages on the merger-resources.com website. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that our communications be in writing.

Intellectual Property

All information included on this website or otherwise made available to you by Braaten Woods, such as graphics, logos, images, audio clips, digital downloads, data compilations, studies, information, and software, is the property of Braaten Woods, LLC and is protected by United States and international copyright laws.

You may not use this website or the information and resources on it or that we make available to you in other ways in any manner that infringes or violates the intellectual property rights of Braaten Woods or any third party. Other than use that constitutes “fair use” per United States copyright law, you may not reproduce, republish, or in any other way distribute any of the information available on the merger-resources.com website or that is included in any of our other products or through any of our services.

Our trademarks and trade dress may not be used in connection with any product or service that is not ours in any way that is likely to cause confusion among potential customers, or in a manner that disparages or discredits Braaten Woods. We are not granting to you any license or right to use any of our trademarks, trade dress, or other intellectual property.

You may not utilize framing techniques to enclose any trademark, logo, or other proprietary information or item of ours (including images, text, page layout, or form). Additionally, you are not permitted to use any meta tags or any other “hidden text” utilizing our name or trademarks.

We respect all intellectual property rights. If you believe this website or any information or resources provided through it infringes on your work and rights, email us at admin@braatenwoods.com.

Minors

If you are under the age of 18, you may not use this website at all.

Third-Party Links

We may provide links from this website to third-party websites. When we provide these links, we do so to be helpful and for your convenience. However, third-party websites are outside our control. We do not make any representations or warranties as to the content, privacy, or security of third-party websites. We do not endorse any third-party websites or content. Your use or reliance on any external links and the content you access from them is done at your own risk.

Unlawful activity

We reserve the right to investigate complaints or reported violations of these Terms of Use and to take any action we determine is appropriate, including reporting any suspected unlawful activity to law enforcement officials or other third parties. If we determine it is necessary or advisable to do so, we may disclose user profiles, e-mail addresses, other contact information, usage history, posted materials, IP addresses, traffic information, or other information.

Privacy

If you have questions or concerns regarding information we collect about you, including personally identifiable information, read our Privacy Policy.

Remedies for Violations

We reserve the right to seek all remedies available to us at law and in equity if you violate these Terms of Use, including the right to block your access to this website entirely.

Applicable Law

Any dispute or claim relating in any way to your use of this website or Braaten Wood’s products and services generally is governed in all respects by the laws of the State of Texas, without regard to its conflict of laws principles.

Disputes

If we are unable to resolve a dispute that is related in any way whatsoever to this website or Braaten Wood’s products and services generally, we each agree to participate in one day of non-binding mediation in Austin, Texas with a sole mediator mutually selected by you and Braaten Woods.

If we are unable to resolve a dispute through non-binding mediation, the exclusive means for resolving that dispute is Open Arbitration performed by National Arbitration and Mediation (namadr.com).

We will split the cost of the mediator, arbitrator, and mediation and arbitration facilities, although we will each be responsible for our own respective other costs, including attorney’s fees, preparation fees, and travel costs. However, the prevailing party in arbitration is entitled to reimbursement of all their reasonable attorneys’ fees and other costs in respect of arbitration.

Either of us may bring suit in court for injunctive relief, including for a temporary restraining order or temporary or permanent injunction (as available), without first attending mediation and arbitration.

Miscellaneous Terms

If any specific term in these Terms of Use is deemed to be unenforceable by a court with appropriate jurisdiction, that term will be replaced with a term that most closely matches the intent of the original term and the remainder of these Terms of Use will continue in full force.

You may not assign these Terms of Use or assign your rights or delegate your obligations hereunder. Braaten Woods may freely assign these Terms of Use, in whole or in part, with or without notice to you.

Any failure by either of us to act with respect to a breach by the other is not a waiver of the right to act with respect to that breach later. A waiver of a breach of these Terms of Use must be in writing and will only apply to the specific waiver indicated and not any subsequent or similar breaches.

Unless you later agree to other written terms when purchasing a product or service from us, these Terms of Use are the entire agreement between us with respect to this website and Braaten Wood’s products and services generally. These Terms of Use supersede all prior or contemporaneous communications of any kind between us with respect to this website and Braaten Wood’s products and services generally.

Changes to These Terms of Use

Braaten Woods may change these Terms of Use at any time. If we change these Terms of Use, we will update this website and the date at the top of this page. Any changes will be effective immediately when we post the changes. By continuing to use this website after we make changes, you agree to all those changes. Please check these Terms of Use each time before you use this website or accept products or services from Braaten Woods through any other means.

Questions

For questions about these Terms of Use, please contact us:

By regular mail:

Braaten Woods, LLC
7500 Rialto Boulevard
Building 1; Suite 250
Austin, TX 78735
Attn: merger-resources.com

By e-mail:

admin@braatenwoods.com