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Terms and Conditions

WealthCounsel Store Terms of Use

This is a binding legal contract.  CAREFULLY READ THESE WEALTHCOUNSEL STORE TERMS OF USE (TERMS OF USE) BEFORE USING OR ACCESSING THE WEALTHCOUNSEL STORE LOCATED AT HTTPS://WCSTORE.WEALTHCOUNSEL.COM/ (THE STORE). BY VISITING OR MAKING A PURCHASE VIA THE STORE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE AND TO BE LIABLE TO WEALTHCOUNSEL, LLC, A NEVADA LIMITED LIABILITY COMPANY (WEALTHCOUNSEL) FOR ANY NONCOMPLIANCE WITH THESE TERMS OF USE.  IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU MAY NOT ACCESS OR USE THE STORE.

  1. License.

WealthCounsel hereby grants to you a revocable, limited, nonexclusive license for the duration of your current viewing session to access and use the Store to review and purchase or license products and services available through the Store (Products) for your personal use, subject to the limitations set forth in these Terms of Use.  Products and services may be made available on the Store by vendors (Vendors), or by WealthCounsel. This license will terminate immediately upon any noncompliance by you with any of the terms of these Terms of Use, or at any other time upon notice to you. All rights not expressly granted in these Terms of Use are reserved. WealthCounsel may suspend this license at any time in its sole discretion. Further, WealthCounsel may terminate all access to and use of the Store at any time.

  1. Limitations on Use.

Except as expressly provided under these Terms of Use or upon WealthCounsel’s express prior written consent, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, upload, post, license, include in another virtual marketplace, use on any other virtual marketplace, create derivative works of, transfer, sell, and/or exploit for commercial use, any content, software, products or services provided through or obtained from the Store, including by email or other electronic means, without the prior written consent of WealthCounsel. In addition, you may not circumvent any technological measures or features of the Store that are intended to or effectively control access to the Store, or any other protected content or information included in the Store. The Store may contain robot exclusion headers. You agree that you will not use any robot, spider, scraper or other automated means to access the Store for any purpose without WealthCounsel’s express prior written consent.

You further agree that you will not do any of the following:

  • take any action that imposes or may impose (in WealthCounsel’s sole discretion) an unreasonable or disproportionately large load on WealthCounsel’s infrastructure;
  • disrupt, interfere, or attempt to disrupt or interfere with the proper working of the Store or any activities conducted on the Store; or
  • bypass WealthCounsel’s robot exclusion headers or other measures WealthCounsel may use to prevent or restrict access to the Store.

  1. Use of the Store.

You agree and acknowledge that WealthCounsel is the provider of the Store, and WealthCounsel may be the vendor of some Products (WealthCounsel Products). The review, testing, analysis, purchase, and licensing of any WealthCounsel Products shall be provided for in a separate license or purchase agreement provided by WealthCounsel. For all other Products (Vendor Products), you agree and acknowledge that the review, testing, analysis, purchase, and licensing of any Vendor Products shall be provided for in a separate license or purchase agreement provided by the applicable Vendor. WealthCounsel is not a party to any agreement between you and any Vendor, and WealthCounsel has no responsibility or liability to you, or anyone else, for any Vendor Products. WealthCounsel makes no representations or warranties of any nature regarding any transaction conducted with a Vendor through the Store or with respect to any Vendor Products. Further, WealthCounsel does not review, test, or endorse any Vendor Products, and you are fully responsible for your own review and analysis of all Vendor Products. Except for the gross negligence or willful misconduct of WealthCounsel, WealthCounsel, shall have no liability of any nature to you in connection with your access to and use of the Store.

You agree to resolve any disputes regarding any Vendor Products, including the purchase or licensing of any Vendor Products, or the availability of any Vendor Products through the Store, directly with the applicable Vendor, and WealthCounsel has no obligations or liability with respect to any such matters. WealthCounsel has no obligation to maintain specific Products or any products or services on the Store. You agree and acknowledge that certain information obtained by a Vendor through a transaction on the Store, or the access to and use of a Vendor Product, including client and related data and information, may be helpful or necessary for WealthCounsel to have for WealthCounsel to provide its own products and services to its members or customers, or for Vendor Products to be fully functional, including client and related information (Shared Information). You agree that Shared Information will be maintained and disclosed by WealthCounsel in accordance with the Privacy Policy.

  1. Your Representations and Warranties; Covenants.

You represent and warrant to WealthCounsel that any information you provide to WealthCounsel will be true, accurate and complete, and will not violate any law, statute, ordinance or regulation. You may be asked by a Vendor to provide personal or other information. You agree that all information provided will be true and accurate, and will not falsely identify yourself or impersonate or falsely represent your affiliation with any person or entity.  

Except with the written permission of WealthCounsel, you agree that you will not access or attempt to access password protected, secure or non-public areas of the Store. Unauthorized individuals attempting to access prohibited areas of the Store may be subject to legal prosecution. You further agree that you will not use the Store for any purpose that is unlawful or prohibited by these Terms of Use.

You agree to comply with any and all applicable tax laws, including but not limited to the reporting and payment of any taxes arising in connection with your use of the Store, or the purchase or licensing of Products. The reporting and payment of any such applicable taxes are your responsibility.

You agree to comply with all applicable federal, state, and federal laws, rules, and regulations regarding the purchase or licensing, and the use of any Products acquired through the Store. If any transaction through the Store is illegal in your applicable jurisdiction, you agree to terminate your use of the Store, and not consummate such a transaction through the Store.

  1. Changes to These Terms of Use.

WealthCounsel reserves the right, in its sole discretion, to modify, update, or otherwise revise these Terms of Use at any time. Such revisions shall be effective immediately upon posting on the Store. By accessing and using the Store, you agree to be bound by such revised Terms of Use. In addition to these Terms of Use, additional terms may govern the use of certain web pages within the Store. By accessing and using such webpages, you agree to be bound by such terms.

  1. Links to Other Websites.

The Store may contain links to other websites (Linked Websites). The Linked Websites are provided for your convenience and information only and, as such, you access them at your own risk. You agree and acknowledge that WealthCounsel is not responsible for, and does not endorse, the content of or anything that may be delivered to you or your computer as a result of accessing any Linked Websites, whether or not WealthCounsel is affiliated with the owners of such Linked Websites. Without limiting the generality of the foregoing, WealthCounsel is not responsible and shall have no liability for any viruses or other illicit code that may be downloaded from the Store, through a link found on the Store, or by accessing a Linked Website.   

  1. Proprietary Rights.

You acknowledge and agree that the trademarks of WealthCounsel, and third party providers (the Marks), and the Store, and the content and look and feel of the Store, to the extent protectable, are proprietary, original works of authorship of WealthCounsel, or licensors of WealthCounsel, protected under United States and worldwide copyright, trademark, and trade secret laws of general applicability. You further acknowledge and agree that all right, title and interest in and to the Marks, the Store, and the content and look and feel of the Store are and shall remain with WealthCounsel or its licensors. You agree not to contest or infringe these rights, directly or indirectly, at any time. Without the prior written consent of WealthCounsel, your modification of the content, use of the content on any other virtual marketplace or networked computer environment, or use of the content for any purpose other than your personal use, violates the copyrights, trademarks or other intellectual property rights of WealthCounsel or its licensors, and is prohibited. Except as expressly provided under this these Terms of Use, you may not access or use any content on the Store, the Marks, or any other trademarks or copyrighted materials appearing on the Store, including without limitation any logos, without the express prior written consent of the owner of the Marks or copyright.

  1. Interruptions in Service.

The Store and your access to and use of the Store may from time-to-time be unavailable to you, whether because of technical failures or interruptions, intentional downtime for service or changes to the Store, or otherwise. You agree that WealthCounsel shall have no liability of any nature to you or any third party for any interruptions, any modifications to the Store, or any unavailability of the Store or its content.

  1. No Warranties; Exclusion of Liability.

YOU UNDERSTAND AND EXPRESSLY AGREE TO THE FOLLOWING:

YOUR USE OF THE STORE, PURCHASE OR LICENSING OF ANY PRODUCTS AND SERVICES, AND RELIANCE UPON ANY AND ALL CONTENT AND SERVICES CONTAINED IN OR PROVIDED THROUGH THE STORE, IS AT YOUR OWN RISK. SUCH CONTENT AND PRODUCTS AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WEALTHCOUNSEL MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, OR GUARANTEES WITH RESPECT TO THE APPROPRIATENESS, ACCURACY, SUFFICIENCY, CORRECTNESS, VERACITY, VALUE, COMPLETENESS, AVAILABILITY, OR TIMELINESS OF THE DATA, METHODS, OR CONTENT CONTAINED IN OR PROVIDED THROUGH THE STORE. WEALTHCOUNSEL DOES NOT WARRANT THE FUNCTIONS CONTAINED IN THE STORE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVER THAT MAKES THE CONTENT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WEALTHCOUNSEL EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

IN NO EVENT WILL WEALTHCOUNSEL BE LIABLE TO YOU, ANY USER OF THE STORE, OR ANY THIRD PARTY FOR ANY DECISION MADE OR ACTION TAKEN IN RELIANCE UPON THE CONTENT CONTAINED IN OR PROVIDED THROUGH THE STORE OR THE PURCHASE OR LICENSING OF ANY PRODUCTS OR SERVICES. ANY PRODUCTS OR SERVICES YOU PURCHASE OR LICENSE, OR CONTENT YOU ACCESS, AND YOUR ACCESS TO AND USE OF THE STORE, OR ANY LINKED WEBSITE, IS AT YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY PRODUCTS PURCHASED OR LICENSED, AND ANY DAMAGE TO YOUR EQUIPMENT, SOFTWARE, LOSS OF DATA, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO OR ALTERATION OF PERSONAL RECORDS, THE RELIANCE UPON OR USE OF DATA, CONTENT, OPINIONS OR OTHER MATERIALS APPEARING ON THE STORE, OR A LINKED WEBSITE, OR OTHER PERSONAL LOSS THAT RESULTS FROM YOUR ACCESS TO AND USE OF THE STORE, THE PURCHASE OR LICENSING OF ANY PRODUCT OR SERVICE, OR THE DOWNLOAD OR USE OF ANY MATERIAL ON THE STORE OR A LINKED WEBSITE.

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WEALTHCOUNSEL BE LIABLE TO YOU, OR ANY USER OF THE STORE, OR TO ANY THIRD PARTY FOR ANY LOSS, EXPENSE, OR DAMAGE, OF ANY NATURE, INCLUDING CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, AND INCLUDING LOST PROFITS OR LOST REVENUE, CAUSED DIRECTLY OR INDIRECTLY BY THE USE OR RELIANCE UPON CONTENT OR SERVICES OBTAINED BY OR PROVIDED THROUGH THE STORE, OR FOR ANY ERROR OR OMISSION, OR OTHERWISE IN ANY WAY CONNECTED WITH ACCESS TO AND USE OF THE STORE, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF WEALTHCOUNSEL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ANY DAMAGE OR INJURY WILL NEED TO BE PAID BY OR RESOLVED WITH THE APPLICABLE VENDOR.

  1. Indemnification.

You agree to indemnify, defend and hold harmless WealthCounsel, its officers, members, managers, employees, agents, affiliates, suppliers, successors and assigns, and any third party providers of services in connection with the Store, from and against any and all liability, loss, claim, demand, suit, proceeding, damage, cost and expense, including reasonable attorneys fees and costs, arising out of or resulting from (a) any violation by you of these Terms of Use; (b) any transactions conducted by you through the Store; (c) any misuse by you of the Store, or any content on the Store, (d) any misappropriation of or infringement on the intellectual property or other proprietary rights of any third party in connection with your use of the Store; or (c) any negligent acts, errors or omissions of you or your agents or contractors.

  1. Miscellaneous.

These Terms of Use and all other terms and conditions related to the use of the Store shall be governed by and construed in accordance with the laws of the State of New Jersey, without regard to its conflict of law provisions. By access to and use of the Store, you hereby consent to the exclusive jurisdiction of and venue in the federal and state courts located in Hudson County, State of New Jersey, for all disputes arising out of or related to the use of the Store and these Terms of Use, any information contained on or provided through the Store, and you waive all defenses to the exclusive jurisdiction of any other courts.

If any provisions of these Terms of Use shall be unlawful, void or for any reason unenforceable, then such provision shall be deemed severed from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

These Terms of Use supersede any prior agreements or understandings between you and WealthCounsel related to your use of the Store. In the event of any inconsistency between these Terms of Use and any future posted Terms of Use, the most recent Terms of Use shall control.

There are no third party beneficiaries of these Terms of Use. If you violate these Terms of Use, your permission to access and use the Store, and your license to the Marks shall immediately terminate without the necessity of any notice to you. WealthCounsel retains the right to deny access to the Store to anyone in its sole discretion, for any reason, including but not limited to, as a result of any violation of these Terms of Use.