Terms of Use

Last Updated: January 07, 2015

Introduction

Welcome to MarketConsensus.com (hereinafter also referred to as the "Site” or “MarketConsensus”).

The Site is owned and operated by MarketConsensus, Inc. (hereinafter also referred to as "we”, “our”, “us”"), a Nevada corporation.

MarketConsensus is offered to you on condition of your acceptance without modification of the terms of use, conditions and notices contained herein (hereinafter also referred to as "these Terms", "our Terms", "Terms").

Please review our Terms carefully, as by accessing or otherwise using this Site you are agreeing to be bound contractually by the Terms stipulated here. 

Please discontinue use of this Site if you disagree with our Terms or if you reside in a state or location that has laws or stipulations that conflict with any part of these Terms. All information and content on the Site are published in the United States of America and all persons accessing this Site agree to do so in accordance with applicable U.S. law.

If you are agreeing to our Terms on behalf of a company or corporation, you hereby acknowledge that you have full permission or authority to bind that company to our Terms.

You must be at least 18 years of age or older to use MarketConsensus.com.

The Site Does Not Provide Financial, Investing or Related Advice

The contents of the Site (such as text content, images, graphics, tables, charts or any other type of published content) are provided are for informational purposes only. Sure contents are hereinafter also referred to as “Content”. The Content is not intended to be a substitute for professional advice including professionally provided financial advisor, investing advice, financial planning advice, retirement advice and all other related types of financial advice.

Always seek the advice of a qualified financial advisor with any questions you may have regarding a financial planning or financial advisory. Never disregard professional financial advice or delay in seeking it because of something you have read on the Site!

Reliance on any information provided on the Site, by Site employees, by others appearing on or posting content on  the Site, or other visitors to the Site is solely at your own risk.

Children's Privacy

We do not collect personally identifiable information from any person we actually know is a child under the age of 13.

Use of MarketConsensus Content

You are granted a non-exclusive, non-transferable, revocable license to access and use the Site strictly in accordance with these Terms.

As a condition of your use of the Site, you warrant to us that you will not use the Site for any purpose that is unlawful or prohibited by these Terms.

You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. 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.

All content included as part of our service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of MarketConsensus or its affiliates and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Our Content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission received from us. You agree that you do not acquire any ownership rights in any protected content.

Electronic Communications

Visiting the Site or sending emails to us constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

International Users

The Site is controlled, operated and administered by MarketConsensus, LLC. from our office within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use any the Content in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification

You agree to indemnify, defend and hold harmless the Site, and MarketConsensus, Inc., its officers, directors, employees, agents and third parties for any losses, costs, liabilities and expenses (including attorneys' fees) relating to or arising out of your use of or inability to use the Site or services, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. We reserve the right, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defenses.

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. MARKETCONSENSUS, INC AND/OR ITS AFFILIATES MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE SITE AT ANY TIME.

MARKETCONSENSUS, INC AND/OR ITS AFFILIATES MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. WE HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MARKETCONSENSUS, INC AND/OR ITS AFFLIATES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF MARKETCONSENSUS, INC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination/Access Restriction

We reserve the right, at our sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice.

Changes to the Terms

We reserve the right, at our sole discretion, to change the Terms under which the Site is offered. The most current version of the Terms will supersede all previous versions. Hence, please be sure to review the date on the Terms of Use and review any changes since the last version. We have our “Terms of Use” link at the bottom of each page on the Site. Any changes made to the Terms of Use are effective immediately as soon as they have been posted to this website. If you have the Terms of Use cached on your browser, please be advised that the Terms of Use that applies to you is the most recent version of the Terms of Use that appears on a non-cached browser. Your use of the website reaffirms your continuing agreement to the then current Terms of Use.

Severability

If any provision (i.e., paragraph, section, sentence) of this Agreement is determined to be invalid, void or unenforceable pursuant to applicable law, such holding will not have the effect of invalidating or voiding the remainder of this whole Agreement, and the parties agree that the provision so held to be in conflict will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, (affected provision will be modified or limited only to the extent necessary to bring it within legal requirements), and all remaining provisions of this Agreement shall then continue in full force and effect.

The Laws of the State of Nevada govern this Agreement

The parties agree that the laws of the state of Nevada (USA) shall govern the execution and enforcement of this Agreement regardless of any jurisdiction wherein it may be presented as evidence. You hereby consent to the exclusive jurisdiction and venue of courts in Nevada, U.S.A. in all disputes arising out of or relating to the use of this Site. We do not authorize you to use this Site in any jurisdiction that does not give effect to all stipulated provisions of this Agreement, including, without limitation, this paragraph. You agree that no joint venture, partnership, employment or agency relationship exists between the parties as a result of this Agreement or use of this Site. Both printed versions and electronic form of this agreement and of any notice shall be admissible in judicial or administrative proceedings.

Copyright Infringement

The Digital Millennium Copyright Act (DMCA) provides recourse for copyright owners who believe that material or information on the Internet infringes their rights under U.S. copyright law. The procedure under the DMCA for takedown notice is provided at: http://www.copyright.gov/onlinesp/

We take allegations of copyright infringement very seriously. If you believe in good faith that material or information on MarketConsensus.com infringes on your copyright, you may submit a written notification of claimed infringement to us. Please contact us via our parent site: http://www.advisoryhq.com/contact-us/

Please note that substantial penalties exist for anyone making false copyright infringement claims as stipulated on the DMCA. We recommend that you consult with independent legal counsel before filing a notification or counter-notification.

Valid notification must be a written communication that includes all of the following elements:

– Signature of copyright owner or person authorized to act on behalf of the owner;
– Identification of copyrighted work claimed to be infringed;
– Identification of the material claimed to be infringing or to be the subject of infringing activity;
– Information reasonably sufficient to permit us to locate the material. Please include the URL(s) containing the allegedly infringing material and also include a description of the specific content which you claim is infringing on your copyright;
– Information reasonably sufficient to permit us to contact you/complaining party – including contact address, phone number and email address (if available);
– A good faith statement explaining that the use of the material in the manner complained is not authorized by the copyright owner, its agent or the law. Include the following: "I believe, in good faith, that the use of the copyrighted materials described above and contained on the service is not authorized by the copyright owner, its agent or by protection of law.";
– A statement, under penalty of perjury, that the information in the notification is accurate and that the complaining party is authorized to act on behalf of the owner of the exclusive right allegedly being infringed; and
– Add the below statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."

Contacting Us

For questions about our Terms, please contact our parent site: http://www.advisoryhq.com/contact-us/

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