Terms of Use

The Terms and Conditions of Use set forth herein apply to the entire group of Web sites owned, operated, licensed, or controlled by MarketCounsel, LLC (“MarketCounsel”) including but not limited to, marketcounsel.com, marketcounsel.net, advisorid.com, mailbanc.com, and breakawaybroker.com.

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEB SITE OR ANY OTHER MARKETCOUNSEL WEB SITE.

By using this Web site or any other Web site owned, operated, licensed, or controlled by MarketCounsel (“Web Site”), you signify your assent to these terms of use. If you do not agree to these terms of use, please do not use the site. Use of any Web Site, or section thereof, which requires a password to access is restricted solely to clients and persons specifically authorized by MarketCounsel. Any unauthorized access or use is strictly prohibited. We reserve the right, at our sole discretion, to change, modify, add, or remove portions of these terms at any time. Please check these terms periodically at http://www.marketcounsel.com/terms-of-use for changes. Your continued use of this site or any other MarketCounsel Web Site following the posting of changes to these terms will mean you accept those changes.

Transmission of the information is not intended to create, and receipt does not constitute, a client relationship with MarketCounsel. Visitors should not act upon this information without seeking professional counsel.


NOT LEGAL ADVICE

The information contained at this web site and any other Web Site has been prepared by MarketCounsel as a service to its clients (marketcounsel.net or the “Compliance Management Center“) and the internet community (marketcounsel.com, advisorid.com, mailbanc.com, and breakawaybroker.com) for informational purposes only and is not intended to constitute advice, legal or otherwise. MarketCounsel has used reasonable efforts in collecting, preparing and providing quality information and material, but does not warrant or guarantee the accuracy, completeness, adequacy or currency of the information contained in or linked to this web site or any other MarketCounsel Web Site. Users of information from this web site or any other MarketCounsel Web Site or links do so at their own risk.

MarketCounsel is affiliated with the Hamburger Law Firm, LLC (“Hamburger Law Firm“). While certain attorneys at the Hamburger Law Firm are employed by MarketCounsel, those attorneys do not render legal advice through MarketCounsel.


RESTRICTIONS ON USE OF MATERIALS

Unless otherwise noted, all materials, including forms, images, illustrations, designs, icons, photographs, video clips, and written and other materials that are part of this web site or any other Web Site are copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled or licensed by MarketCounsel, or a third party copyright holder that has given MarketCounsel permission to publish such material. No material from this web site or any other MarketCounsel Web Site may be copied, reproduced, framed, hyperlinked, republished, uploaded, posted, transmitted, or distributed in any way, provided, however, you may download, where specifically permitted, (i) one copy of the materials on any single computer for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices, and (ii) copies of third party materials published for your convenience with the permission of the copyright holder subject to the copyright holder’s terms and conditions, whether or not such terms and conditions are included with the downloaded materials.

Modification of the materials or use of the materials for any other purpose is a violation of MarketCounsel’s copyright and other proprietary rights of MarketCounsel and/or the respective copyright holder. For purposes of these terms, the use of any such material on any other web site or networked computer environment is prohibited. All trademarks, service marks, and trade names are proprietary to MarketCounsel or the respective copyright holder, as applicable.


DISCLAIMER

THE MATERIALS AVAILABLE IN OR THROUGH THE MARKETCOUNSEL WEB SITES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, MARKETCOUNSEL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MARKETCOUNSEL DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, ANY OTHER MARKETCOUNSEL WEB SITE OR THE SERVER(S) THAT MAKES THE MARKETCOUNSEL WEB SITES AVAILABLE, OR ANY THIRD PARTY WEB SITE LINKED TO BY ANY MARKETCOUNSEL WEB SITES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MARKETCOUNSEL DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS WEB SITE, ANY OTHER MARKETCOUNSEL WEB SITE, OR ANY THIRD PARTY WEB SITE LINKED TO BY ANY MARKETCOUNSEL WEB SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT MARKETCOUNSEL) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.


LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL MARKETCOUNSEL BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN THIS WEB SITE OR ANY OTHER MARKETCOUNSEL WEB SITE, EVEN IF MARKETCOUNSEL OR A MARKETCOUNSEL AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL MARKETCOUNSEL’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE OR ANY OTHER MARKETCOUNSEL WEB SITE(S).


INDEMNIFICATION

You agree to indemnify, defend and hold harmless MarketCounsel, LLC and its members, managers, officers, employees, agents and the assigns of same, from and against any and all loss, costs, expenses (including reasonable attorneys’ fees and expenses), claims, damages and liabilities related to or associated with your use of any Web Site and any violation of these Terms and Conditions by you.


TERMINATION

These terms are effective until terminated by either party. You may terminate these terms at any time by destroying all materials obtained from any and all Web Site(s) and all related documentation and all copies and installations thereof, whether made under these terms or otherwise. These terms will terminate immediately without notice from MarketCounsel if in MarketCounsel’s sole discretion you fail to comply with any term or provision of these terms. Upon termination, you must destroy all materials obtained from this site and any and all other Web Site(s) and all copies thereof, whether made under the terms of these terms or otherwise. MarketCounsel may take such further action as MarketCounsel determines to be appropriate under the circumstances to eliminate or preclude repeat violations, and MarketCounsel shall not be liable for any damages of any nature suffered by any client, customer, user, or any third party resulting in whole or in part from MarketCounsel’s exercise of its rights under these terms and conditions.


MISCELLANEOUS

Except as expressly provided in a particular legal notice posted by MarketCounsel on a Web Site, these Terms and Conditions constitute the entire agreement between you and MarketCounsel with respect to the use of any Web Site. MarketCounsel’s failure to insist upon or enforce strict performance of any provision of these Terms and Conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms and Conditions. MarketCounsel may assign its rights and duties under these Terms and Conditions to any party at any time without notice to you.


LINKS TO OTHER WEB SITES AND SERVICES

To the extent that this Web site and any other Web Site(s) contain links to outside services and resources, MarketCounsel does not control the availability and content of those outside services and resources. Any concerns regarding any such service or resource, or any link thereto, should be directed to the particular service or resource.


GOVERNING LAW AND JURISDICTION

These terms shall be governed by and construed in accordance with the laws of the State of New Jersey. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state courts located in Bergen County, New Jersey or in federal court located in New Jersey and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between us relating to the subject matter herein and shall not be modified except as provided herein or in writing, signed by MarketCounsel.


E-MAIL

Persons contacting MarketCounsel through the Internet e-mail facility provided through this site should not send confidential, privileged or sensitive information.