Policies

Case Disbursement Tracker

Terms and Conditions of Use

 

Hello, and welcome to the Case Disbursement Tracker! 

We appreciate your interest in the products and services offered by Counsel Financial. By registering, accessing and using our site and services, you agree to be bound by the following terms of use. Please read these terms carefully, as you are entering into a legally binding agreement, which may be modified from time to time.

 

Any participation on this site constitutes acceptance of this Agreement. If you do not agree to these terms, you should not access this site or otherwise use any of our online services.

 

  1. Scope of Agreement & Acceptance

 

This User Agreement ("Agreement") is a contract by and between you and Counsel Financial II LLC, a Delaware limited liability company, with offices at 6400 Main Street, Suite 120, Williamsville, NY 14221, its subsidiaries and affiliates (“Counsel Financial”), and applies to your use of our website (the “Site”) and all of the online services provided by Counsel Financial, including the Case Disbursement Tracker (the “Services”). If you are not acting on behalf of yourself as an individual, then "you", "your", and "yourself" means your company or organization or the person you are representing. All references to "we", "us", "our", shall be construed to mean Counsel Financial.

 

You must read, agree with and accept all of the terms and conditions contained in this Agreement prior to use of the Services. You agree that the use of the Services will be at your own risk. We provide the Services on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory.

 

Violation of any of the terms herein will result in the immediate termination of the Services.

 

  1. Changes

 

We reserve the right at any time to update and change this Agreement by posting updates and changes on the Site. The revised version will be effective at the time it is posted.

 

If the revised version of this Agreement includes any changes that will reduce your rights or increase your responsibilities, then we will provide you with notice within a reasonable period of time prior to the change taking effect. However, if the contact information you provided us isn't up to date, you may miss out on these notices. Thus, you agree that we may provide notices to you in the following ways: (1) a banner notice on the Site, or (2) an email sent to an address you provided, or (3) through other means including mobile number, telephone or mail.

 

Any new features or tools, which are added to the current Services shall be also subject to this Agreement. Continued use of the Services after any such changes shall constitute your consent to such changes.

 

If any modification to this Agreement is unacceptable to you, your only recourse is to terminate this Agreement by discontinuing the use of the Services.

 

  1. Representations & Warranties

 

By creating an account and using the Services, you represent and warrant to Counsel Financial that:

 

ž   You have the right, power and authority to enter into this Agreement;

ž   You are 18 years or older;

ž   You are a legal resident of the U.S. or a business entity authorized to conduct business by the state(s) in which you operate;

ž   The Services will not be used for any illegal or unauthorized purpose;

ž   The account you create will be in your real name and include your valid e-mail address;

ž   The account belongs to you and no one else;

ž   The information you provide to us is complete, accurate, and will remain current and up to date;

ž   You are not already restricted from using the Services; and

ž   You will not reproduce, duplicate, copy, resell or exploit any portion of the Services.

 

We reserve the right to suspend or terminate your account if you provide us inaccurate, untrue or incomplete information.

 

  1. User Rights & Responsibilities

 

You are fully responsible for all activities that occur under your account and any other actions taken in connection with your account, including taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses and other harmful or destructive content.

 

You agree that you will keep your password secure and confidential, and notify us immediately of any unauthorized use of your account or any other breaches of security.

 

You further agree not to upload or provide content or otherwise post, transmit, distribute or disseminate through the Services any material that:

 

ž   Is false, misleading, unlawful, obscene, indecent, lewd, pornographic, defamatory, libelous, threatening, harassing, hateful, abusive or inflammatory;

ž   Encourages conduct that would be considered a criminal offense or gives rise to civil liability;

ž   Breaches any duty toward or rights of any person or entity, including rights of publicity, privacy or trademark;

ž   Advertises products or services competitive with Counsel Financial’s products or services, as determined by Counsel Financial in its sole discretion; or

ž   In Counsel Financial’s sole judgment, is objectionable, restricts or inhibits any person or entity from using or enjoying any portion of the Site or the Services, or which may expose us or our clients to harm or liability of any nature.

 

While we have no obligation to screen, edit, or monitor any of your content, we reserve the right, and have absolute discretion, to remove, screen, edit, or disable any of your content at any time and for any reason without notice.

 

  1. Ownership

 

The Services we provide are licensed and not sold. Counsel Financial owns the title, copyright, and other intellectual property rights in the Site and the Services. This Agreement does not grant you any ownership rights, and except for the limited rights granted in this Agreement, all other rights are reserved.  

 

You may elect to submit comments or ideas about our Services, including ways to improve the Services, but you agree that any such comment or idea is gratuitous, unsolicited and without restriction, and it will not place Counsel Financial under any fiduciary role or obligate us in any way. You agree that we may use the idea or comment without compensation to you, and/or disclose the idea on a non-confidential basis.

 

  1. Intellectual Property

 

We respect the intellectual property rights of others, and expect you to do the same. This Agreement does not transfer from Counsel Financial to you any Counsel Financial or third party intellectual property, including without limitation, any and all patents, copyrights, trade secrets, trademarks and other proprietary information, and all right, title and interest in and to such property will remain solely with Counsel Financial or such third party. Our logo, and all other trademarks, service marks, graphics and logos in connection with the Site or the Services, are trademarks or registered trademarks of Counsel Financial. Your use of the Site and/or the Services grants you no right or license to reproduce or otherwise use any of our intellectual property, or that of any third party.

 

  1. Advertisements & Attribution

 

We reserve the right to display advertisements and attribution links on your account.

 

  1. Privacy

 

Your privacy is important to us. We will take all reasonable precautions to prevent disclosure of personal and confidential information that is: (1) not publicly available; (2) acquired from another source not bound by a confidential agreement with you; or (3) independently developed by us without reference to information that you have provided.

 

We agree only to use the information you provide through our Site for the purpose for which it was submitted. In order to protect your personal and confidential information, we will only provide personal information to third parties: (1) if you give us your express written consent; (2) as may be reasonably necessary to provide you the features and functionality of this Site; or (3) when required by law, subpoena or other legal process.

 

As with most websites, we collect non-personally-identifying information of the sort that browsers and servers make available, as well as Internet Protocol addressed for logged in users. From time to time we may release such information in the aggregate, such as by publishing a report on the trends of our Site. Though we may share aggregated demographic information, this is not linked to any personal information that can identify any individual.

 

  1. Security

 

We have implemented technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, or disclosure. However, we cannot guarantee that unauthorized third parties will not defeat those measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

 

Counsel Financial disclaims all responsibility for any loss or damage from your failure to maintain the security of your account and/or password.

 

10. Termination

 

We may terminate your access to all or any part of the Site or the Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement and, as a result, your account, you may simply discontinue use. All provisions of this Agreement, which by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.


Upon termination, we reserve the right (but have no obligation) to delete all of your information and account data stored on our servers, and we shall not be liable to you or any third party for such deletion of your information or account data.

 

11. DISCLAIMER & LIMIT TO LIABILITY

 

NO WARRANTY. TO THE EXTENT ALLOWED UNDER LAW, COUNSEL FINANCIAL (1) DISCLAIMS ALL IMPLIED WARRANTIES AND REPRESENTATIONS (E.G. WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF DATA, AND NONINFRINGEMENT); (2) DOES NOT GUARANTEE THAT THE SITE AND/OR SERVICES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS, AND (3) PROVIDES THE SERVICE (INCLUDING CONTENT AND INFORMATION) ON AN “AS IS” AND “AS AVAILABLE” BASIS.

 

EXCLUSION OF LIABILITY. TO THE EXTENT PERMITTED UNDER LAW (AND UNLESS COUNSEL FINANCIAL HAS ENTERED INTO A SEPARATE WRITTEN AGREEMENT THAT SUPERSEDES THIS AGREEMENT), COUNSEL FINANCIAL SHALL NOT BE LIABLE TO YOU OR OTHERS FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, OPPORTUNITIES, REPUTATION, PROFITS OR REVENUES, RELATED TO THE SERVICES (E.G. DOWN TIME OR LOSS, USE OR CHANGES TO YOUR INFORMATION OR CONTENT).

 

THIS LIMITATION OF LIABILITY IS PART OF THE BASIS OF THE BARGAIN BETWEEN YOU AND COUNSEL FINANCIAL AND SHALL APPLY TO ALL CLAIMS OF LIABILITY (E.G. WARRANTY, TORT, NEGLIGENCE, CONTRACT, LAW), AND EVEN IF COUNSEL FINANCIAL HAS BEEN TOLD OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF THESE REMEDIES FAIL THEIR ESSENTIAL PURPOSE.

 

12. Indemnification

 

You will indemnify, defend, and hold Counsel Financial and any of our contractors, and each of our or their respective employees, directors, agents, affiliates and representatives, harmless from and against any and all claims, costs, losses, damages, liabilities, deficiencies, judgments, assessments, fines, costs and other expenses (including reasonable attorneys’ fees and costs) arising from or relating to: (1) any actual or alleged breach of your representations, warranties, or obligations set forth in this Agreement; (2) your use or misuse of the Site or the Services; (3) your violation of any third party right; (4) your violation of any law or regulation of the United States or any other country; (5) any other party’s access and/or use of the Services with your name, password or other appropriate security code.

 

13. Disputes

 

If a dispute of any kind arises, we want to understand and address your concerns promptly and to your satisfaction. In the unlikely event that we cannot resolve our differences and end up in a legal dispute, you agree to the following:

 

GOVERNING LAW & VENUE.

 

THIS AGREEMENT IS GOVERNED BY, AND WILL BE CONSTRUED, INTERPRETED AND ENFORCED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF NEW YORK, WITHOUT REGARD TO PRINCIPLES OF CONFLICT OF LAWS THAT WOULD RESULT IN THE APPLICATION OF THE LAW OF ANY OTHER JURISDICTION, AND THE PROPER VENUE FOR ANY SUIT, ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL BE BROUGHT ONLY IN THE SUPREME COURT OF THE STATE OF NEW YORK LOCATED IN THE COUNTY OF ERIE.

 

WAIVER OF RIGHT TO JURY TRIAL.

 

THE PARTIES HERETO HEREBY IRREVOCABLY WAIVE ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED THEREBY.

 

14. Miscellaneous

 

  1. Final Agreement. This Agreement constitutes the entire agreement between Counsel Financial and you concerning the subject matter hereof.

 

  1. Assignment. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but Counsel Financial may do so without restriction.

 

  1. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties hereto and our respective successors and assignees.

 

  1. Waiver. Any waiver of any provision of this Agreement and any delay or failure by us to enforce any provision of this Agreement shall not preclude Counsel Financial from enforcing any such provision thereafter. Any such waiver by Counsel Financial to be effective must be in writing, expressly refer to the provision being waived and duly executed and delivered by an authorized representative of us.

 

  1. Severability. Whenever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law.  If, however, any such provision shall be prohibited by or invalid under such law, it shall be deemed modified to conform to the minimum requirements of such law, or, if for any reason it is not deemed so modified, it shall be prohibited or invalid only to the extent of such prohibition or invalidity without the remainder thereof or any other such provision being prohibited or invalid.

 

  1. Section Headings. The Section headings in this Agreement are for convenience of reference only and shall not affect the interpretation hereof.