WEBSITE USE WITH TERMS AND CONDITIONS

A. Terms of Use

Welcome to the Weck Solutions, LLC ("CounSol") Web site (the "Site"). We maintain this web site as a service to our customers. By accessing this Site, you agree to be bound by the terms and conditions below (the "Terms"). Please review the following terms carefully. If you do not agree to these terms, you should not review information or obtain goods or products from this site. CounSol may from time to time modify or revise the Terms by updating this Web page. Your use of our Site following any such change constitutes your agreement to follow and be bound by the Terms as changed. If any change is unacceptable to you, your only recourse is to terminate your use of the Site.

By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.

WECK SOLUTIONS, LLC (“CounSol”) PROVIDES THE SERVICES (COLLECTIVELY, “SERVICES”) ON ITS WEB SITE AT (COUNSOL.COM) AND ALL RELATED AND SUCCESSOR WEB SITES (COLLECTIVELY, THE “SITE”) SUBJECT TO EACH MEMBER’S COMPLIANCE WITH THE SITE POLICIES SET FORTH BELOW AND OTHER POLICIES THAT MAY BE PUBLISHED FROM TIME TO TIME BY WECK SOLUTIONS, LLC (COLLECTIVELY, “POLICIES”). “YOU” OR “YOUR” REFERS TO THE INDIVIDUAL USING THE SITE. THE TERM “MEMBER” REFERS TO YOU, YOUR COMPANY, AND OTHER PARTICIPANTS IN THE SERVICES THAT HAVE AGREED TO WECK SOLUTIONS, LLC POLICIES AND RELATED TERMS AND CONDITIONS REFERRED TO AND INCORPORATED BY REFERENCE THEREIN (INCLUDING BUT NOT LIMITED TO THESE POLICIES) (COLLECTIVELY, THE “AGREEMENT”). CAPITALIZED TERMS USED BUT NOT DEFINED IN THESE POLICIES HAVE THE MEANING GIVEN TO THEM IN THE AGREEMENT. THESE POLICIES MAY BE AMENDED AT ANY TIME BY THE POSTING OF AMENDED POLICIES ON THE SITE. USE OF THE SERVICES BY MEMBERS FOLLOWING SUCH NOTICE CONSTITUTES ACCEPTANCE OF THE TERMS AND CONDITIONS AS MODIFIED. YOU UNDERSTAND AND AGREE THAT YOUR ACTIONS ON THE SITE ARE ON BEHALF OF YOUR COMPANY AND WILL BIND YOUR COMPANY. MEMBERS WHO VIOLATE THE POLICIES MAY BE PROHIBITED FROM USING THE SERVICES.

1. ACCEPTANCE OF AGREEMENT.

You agree to the terms and conditions outlined in this Terms of Use Agreement ("Agreement") with respect to our site (the "Site"). This Agreement, including our Business Associates Agreement, constitutes the entire and only agreements between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, products or services provided by or through the Site, and the subject matter of this Agreement. This Agreement may be amended at any time by us from time to time without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site.

2. COPYRIGHT AND TRADEMARK NOTICE

The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site, except as allowed by Section 4, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials.

This Site and its contents, including, but not limited to, text, photographs, graphics, illustrations, video, sound, and other material (all such content collectively referred to as "Content") are protected under United States and international copyright laws and are the property of CounSol or its third-party licensors. All rights reserved. All logos, splash screens, page headers, custom graphics, and button icons displayed on this Site are service marks, trademarks, and/or trade dress (collectively, "Marks") of CounSol or its third-party licensors. Except as specifically permitted herein, copying, distributing, transmitting, displaying, modifying, selling or participating in the sale of, or otherwise exploiting or using any Content or any Marks in any form or by any means without the express written permission of CounSol is prohibited and may violate the copyright or trademark laws of the United States and/or other countries.

The Site and its Contents are intended solely for personal, noncommercial use by the users of our Site. You may download or copy the Contents displayed on the Site for the sole purpose of using the Site as a personal resource, provided that you maintain any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. No right, title, or interest in any downloaded materials is transferred to you as a result of any such downloading or copying.

3. TRADEMARKS.

Trademarks and others are either trademarks or registered trademarks of Weck Solutions. Other product and company names mentioned on the Site may be trademarks of their respective owners.

4. LIMITED RIGHT TO USE.

The viewing, printing or downloading of any content, graphic, form or document from the Site grants you only a limited, nonexclusive license for use solely by you for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use (but not for resale or redistribution).

5. EDITING, DELETING, AND MODIFICATION.

We reserve the right in our sole discretion to edit or delete any public facing documents, products or services information or other content information appearing on the site for public domain information that describes our products and services.

6. NONTRANSFERABLE.

Your right to use the Site is not transferable. Any password or right given to you to obtain information or documents is not transferable.

7. DISCLAIMER AND LIMITS.

THE INFORMATION FROM OR THROUGH THE SITE ARE PROVIDED "AS-IS," "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.

All responsibility or liability for any damages caused by viruses contained within the electronic file containing the form or document is disclaimed. WE WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM USE OF OR INABILITY TO USE OUR SITE. OUR MAXIMUM LIABILITY TO YOU UNDER ALL CIRCUMSTANCES WILL BE EQUAL TO $100 FOR ANY GOODS, SERVICES OR INFORMATION.

8. USE OF INFORMATION.

We reserve the right, and you authorize us, to the use and assignment of all information regarding Site uses by you and all information provided by you in any manner consistent with our Privacy Policy, Business Associate Agreement and HIPAA Regulations.

9. THIRD-PARTY SERVICES.

We allow access to or advertise third-party merchant sites ("Merchants") from which you may purchase certain goods or services. You understand that we do not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. We are not a party to the transactions entered into between you and Merchants. You agree that use of such Merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANT ABILITY OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE.

10. THIRD-PARTY MERCHANT POLICIES.

All rules, policies (including privacy policies) and operating procedures of Merchants will apply to you while on such sites. We are not responsible for information provided by you to Merchants. We and the Merchants are independent contractors and neither party has authority to make any representations or commitments on behalf of the other.

11. PRIVACY POLICY.

Our Privacy Policy, posted on our site, as it may change from time to time, is a part of this Agreement.

12. NO UNLAWFUL OF PROHIBITED USE.

As a condition of your use of the Website, you warrant to WECK SOLUTIONS that you will not use the Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Website in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

13. SPAMMING.

Gathering email addresses from WECK SOLUTIONS through harvesting or automated means is prohibited. Posting or transmitting unauthorized or unsolicited advertising, promotional materials, or any other forms of solicitation to other Users is prohibited. Inquiries regarding a commercial relationship with WECK SOLUTIONS should be directed to: sales@counsol.com .

14. PAYMENTS.

You represent and warrant that if you are purchasing something from us or from Merchants that (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honored by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes.

15. LINKS TO OTHER WEB SITES.

The Site may contain links to other Web sites. We are not responsible for the content, accuracy or opinions express in such Web sites, and such Web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked Web site on our Site does not imply approval or endorsement of the linked Web site by us. If you decide to leave our Site and access these third-party sites, you do so at your own risk.

16. SEPARATE AGREEMENTS.

You may have other agreements with Weck Solutions. Those agreements are separate and in addition to these Terms of Use. These Terms of Use do not modify, revise or amend the terms of any other agreements you may have with Weck Solutions.

17. NO PROFESSIONAL ADVICE.

The information available on the Website is intended to be a general information resource regarding the matters covered, and is not tailored to your specific circumstance. You should not construe this as legal, accounting or other professional advice. This Website is not intended for use by minors. YOU SHOULD EVALUATE ALL INFORMATION, OPINIONS AND ADVICE AVAILABLE ON THIS WEBSITE IN CONSULTATION WITH YOUR LEGAL COUNSEL, INSURANCE SPECIALIST, OR WITH YOUR, TAX, FINANCIAL OR OTHER ADVISOR, AS APPROPRIATE.

18. USER DISPUTES.

You are solely responsible for your interactions with other Users. Weck Solutions reserves the right, but has no obligation, to monitor disputes between you and other Users.

19. COPYRIGHTS AND COPYRIGHT AGENTS.

We respect the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information:

(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
(b) A description of the copyrighted work that you claim has been infringed;
(c) A description of where the material that you claim is infringing is located on the Site;
(c) A description of where the material that you claim is infringing is located on the Site;
(d) Your address, telephone number, and email address;
(e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(f) A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Our Copyright Agent for Notice of claims of copyright infringement on the Site is the President, who can be reached as follows:

By mail: Attn: President, Weck Solutions LLC, 7345 W Sand Lake Road, Suite 309, Orlando, FL 32819-5281
E-mail: privacy@counsol.com Phone Number: 800-910-3568 Fax Number: 800-910-3568 Business Hours: Mon-Fri 10am-6pm EST

20. PRIVACY.

It is our policy to respect the privacy of individuals who visit the Site or provide Comments to us. Our privacy policy (the "Privacy Policy"), which you may view at https://counsol.com/site/legal/privacy/ , is incorporated herein by reference. By accepting these Terms, you expressly consent and agree to the Privacy Policy.

21. LINKED SITES.

This Site (counsol.com) may contain links to other Web sites ("Linked Sites"). CounSol does not operate or control any information, products, or services on the Linked Sites and may or may not endorse or approve any products or information offered at Linked Sites. You acknowledge and agree that your access or use of any Linked Site is at your own risk.

For any other contained links to other third party Internet sites are provided solely as a convenience to you and information in such sites(s) may not have been endorsed or approved by Weck Solutions, LLC . These third party sites may also contain opinions and viewpoints of third parties that do not necessarily coincide with our opinions and viewpoints. Those sites may also have privacy policies, copyright notices, terms and conditions and other legal information that is different than our policy.

22. DISCLAIMER.

THIS SITE, ITS CONTENTS, AND ALL INFORMATION, PRODUCTS, AND SERVICES CONTAINED IN OR OFFERED THROUGH THIS SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. CounSol EXPRESSLY DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT AND ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. CounSol DOES NOT WARRANT THAT THIS SITE OR ITS CONTENTS WILL BE COMPLETE, ACCURATE, UNINTERRUPTED, SECURE, OR ERROR FREE OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ALL INFORMATION ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE.

23. INDEMNIFICATION.

In no event shall CounSol.com/Weck Solutions LLC or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on CounSol.com/Weck Solutions LLC's Internet site, even if CounSol.com/Weck Solutions LLC or a CounSol.com/Weck Solutions LLC authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you. You agree to defend, indemnify, and hold CounSol harmless from and against any and all claims, losses, damages, liabilities, costs, and expenses, including attorneys' fees, arising from or related to your (i) use of the Site(s) or (ii) violation of any of these Terms.

24. LIMITATION OF LIABILITY.

YOUR USE OF THE CONTENT IS AT YOUR OWN RISK. WECK SOLUTIONS SPECIFICALLY DISCLAIMS ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO, USE OF OR RELIANCE ON THE CONTENT (EVEN IF WECK SOLUTIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) OR THAT ARISE IN CONNECTION WITH MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM THE USER, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION OR DELIVERY, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, PROGRAMS OR FILES, INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THE WEBSITE OR VIRUSES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THE WEBSITE OR THE CONTENT. THIS LIMITATION OF LIABILITY MAY BE DIFFERENT IN CONNECTION WITH SPECIFIC PRODUCTS AND SERVICES OFFERED BY WECK SOLUTIONS. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY, SO THIS LIMITATION MAY NOT APPLY TO YOU.

25. REVISIONS AND ERRATA

The materials appearing on CounSol.com/Weck Solutions LLC's web site could include technical, typographical, or photographic errors. CounSol.com/Weck Solutions LLC does not warrant that any of the materials on its web site are accurate, complete, or current. CounSol.com/Weck Solutions LLC may make changes to the materials contained on its web site at any time without notice. CounSol.com/Weck Solutions LLC does not, however, make any commitment to update the materials.

26. GOVERNING LAW.

Any claim relating to CounSol.com/Weck Solutions LLC's web site shall be governed by the laws of the State of Florida without regard to its conflict of law provisions.

27. YOUR COMMENTS.

We appreciate your comments, remarks, feedback, suggestions, ideas, and other submissions you disclose or transmit to us (collectively, "Comments"). You grant CounSol and its affiliates a perpetual, irrevocable, worldwide, royalty-free right and license to use, reproduce, modify, adapt, publish, translate, create derivative works of, distribute, publicly perform, and publicly display (in whole or in part) your Comments, your name, and any related copyrights, moral rights, or other intellectual property rights.

28. ARBITRATION.

Except as regarding any action seeking equitable relief, including without limitation for the purpose of protecting any Weck Solutions confidential information and/or intellectual property rights, any controversy or claim arising out of or relating to these Terms of Use or this Website shall be settled by binding arbitration in accordance with the commercial arbitration rules, in effect at the time the proceedings begin, of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be held in Orlando, Florida, USA.

All information relating to or disclosed by any party in connection with the arbitration of any disputes hereunder shall be treated by the parties, their representatives, and the arbitrator as proprietary business information. Such information shall not be disclosed by any party or their respective representatives without the prior written authorization of the party furnishing such information. Such information shall not be disclosed by the arbitrator without the prior written authorization of all parties. Each party shall bear the burden of its own counsel fees incurred in connection with any arbitration proceedings.

Judgment upon the award returned by the arbitrator may be entered in any court having jurisdiction over the parties or their assets or application of enforcement, as the case may be. Any award by the arbitrator shall be the sole and exclusive remedy of the parties. The parties hereby waive all rights to judicial review of the arbitrator’s decision and any award contained therein.

B. ADDITIONAL TERMS APPLICABLE ONLY TO REGISTERED USERS

29. ACCOUNTS AND SECURITY

Weck Solutions does not warrant that the functions contained in the service provided by the Website will be uninterrupted or error-free, that defects will be corrected or that this service or the server that makes it available will be free of viruses or other harmful components.

As part of the registration process, each user will select a password (“Password”) and Login Name (“Login Name”). You shall provide Weck Solutions with accurate, complete, and updated Account information. Failure to do so shall constitute a breach of this Terms of Use, which may result in immediate termination of your Account.

You may not:

  1. select or use a Login Name of another person with the intent to impersonate that person;

  2. use a name subject to the rights of any other person without authorization;

  3. use a Login Name that Website, in its sole discretion, deems inappropriate or offensive.

You shall notify Weck Solutions of any known or suspected unauthorized use(s) of your Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password. You shall be responsible for maintaining the confidentiality of your password.

Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your Account, at Weck Solution’s sole discretion, and you may be reported to appropriate law-enforcement agencies.

Contact us:
If you would like to request additional information regarding these Terms of Use, please contact us at privacy@counsol.com .


These Policies were last updated on March 20, 2014.

©2017 CounSol.com · terms and conditions · privacy policy Crisis Hotline 1-800-273-TALK (8255)
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