Version dated December 1, 2020

Please read these terms and conditions carefully before using this Website.

These terms and conditions (“terms”) constitute a legal agreement between you, as a guest or a registered user of the Website found at www.moorinvestlegal.com, and any sub-domains thereof or related apps used by us to communicate with you (the “Website”), and Moorinvest Counsel  LLC (“Moorinvest Counsel”, “we” or “us”). This policy sets out the principles governing your use of our Website and the provision by Moorinvest Counsel of the online facilities, tools, services or information to you through the Website (the “Service”).

By continuing to use the Website you are deemed to have agreed to be bound by these terms. If you do not agree to these terms, you must not use the Website. Use of the Website includes accessing, browsing or registering to use the Website.

From time to time we may update these terms by amending this page. We encourage you to review this page periodically to inform yourself as to the latest terms and conditions applicable to you.

Other Applicable Terms

The following additional terms also apply to your use of our Website:

  1. Our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our Website, you consent to such processing and you warrant that all data provided by you is accurate.

  2. Our Statement of Client’s Rights, if applicable.

About us

This Website is operated through third party service providers, including Clio.com and Squarespace.com.

Use of the Website

We hereby grants You a non-exclusive license to download and display the Website, and to reproduce the content located thereon, in each case solely for Your personal, non-commercial use.  Moorinvest Counsel provides the Website for information purposes only. THE WEBSITE DOES NOT CONTAIN OR CONSTITUTE, AND SHOULD NOT BE INTERPRETED AS, LEGAL ADVICE OR OPINION.

We may limit the availability of our Website or any service or product described on our Website to any person or geographic area at any time. If you choose to access our Website from outside the United States, you do so at your own risk.

Moorinvest Counsel accepts no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.

Save as may be expressly provided to the contrary:

  1. You use the Website and the information on it and enter into transactions through the Website entirely at your own risk;

  2. We make no warranty or representation (express or implied) that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, The Service is provided “as is” and on an “as available” basis.  We give no warranty that the Service will be free of defects and / or faults;

  3. We make no warranty or representation (express or implied) that the Website will not infringe the rights of third parties;

  4. We do not guarantee that our Website, or any content on it, will always be available or be uninterrupted. Access to the Website may be suspended, withdrawn or discontinued by us at any time without notice and without any reason being given. We may also vary the content of the Website and the service we provide on the Website without notice. We will not be liable to you if for any reason our Website is unavailable at any time or for any period.

  5. We make no warranty or representation as to the accuracy of the information provided on the Website. Please note that the information on our Website may be out of date at any given time, and we are under no obligation to update it.

  6. We accept no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.

  7. We make no warranty or representation that the Website will be compatible with all systems. You are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access the Website through your Internet connection are aware of these terms, and that they comply with them.

No Attorney-Client Relationship

OUR USE OF THE WEBSITE DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP BETWEEN YOU AND MOORINVEST COUNSEL.  SIMILARLY, THE TRANSMISSION OF INFORMATION TO AND FROM MOORINVEST COUNSEL BY MEANS OF THE WEBSITE IS NOT AN ATTORNEY-CLIENT COMMUNICATION. If You would like Us to represent You, You should complete our Intake Form and schedule a consultation.  If the matter in connection with which You seek representation involves other parties, be sure to list each and every one of them on the online Intake Form.  If we agree to represent You, we will inform You by e-mail or telephone, and will provide an engagement agreement setting forth the basis of the representation.  Unless and until You have executed and returned that engagement agreement, and Moorinvest Counsel has confirmed its receipt, no attorney-client relationship exists.

Unless an attorney-client relationship exists between You and Moorinvest Counsel, You shall not represent to any third party, either directly or by implication, that You are represented by Moorinvest Counsel or Sara Mana or that we are in any way involved in Your matter.  Without limiting the foregoing, unless an attorney-client relationship exists between You and Moorinvest Counsel, You shall not copy Sarah Mana, or any attorney or employee of Moorinvest Counsel on any e-mails or letters in a manner that could reasonably be interpreted by any third party to mean that You are represented by us.

Interactive Services

We may from time to time provide interactive services on our Website, including, without limitation, a question and answer facility.

Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).

We will do our best to assess any possible risks for users from third parties when they use any interactive service provided on our Website, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our Website, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.

Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.

No Attorney-Client Privilege

BECAUSE YOU ARE NOT A CLIENT OF MOORINVEST COUNSEL, INFORMATION PROVIDED BY YOU TO US MAY NOT BE PROTECTED BY THE ATTORNEY-CLIENT PRIVILEGE. It is possible that we already represent, or in the future may represent, a party whose interests are adverse to Yours.  In that case, we may not be able to treat information received from You as privileged.

Prohibited Uses

You represent and warrant that You will not use the Website to:

  1. Upload or transmit content that violates the privacy, intellectual property or other proprietary rights of any third party;

  2. Transmit viruses, Trojan horses, worms, malicious code or other harmful or destructive content;

  3. Violate these terms, the Privacy Policy or any applicable law or regulation, including without limitation laws designed to regulate unsolicited e-mail or other electronic advertising;

  4. Harm the goodwill or standing of Moorinvest Counsel, Sarah Mana or any of their clients, partners, employees, affiliates, agents, contractors or representatives;

  5. Attempt to probe, scan, test or violate the security features of the Website or of any associated system or network, or to obtain unauthorized access to materials or other information stored thereon;

  6. Attempt to interfere with the use of the Website by any other user.

Moorinvest Counsel reserves the right to cooperate fully in any investigation by law enforcement officials of any violation of these Terms.

Intellectual Property

All content in the Website, and in the material published on it, , including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is owned by us, our affiliates or third parties with whom we do business. By continuing to use the Website you acknowledge that such material is protected by United States and international intellectual property laws and other relevant laws.  All rights in the intellectual property are reserved.

You may print off one copy, and may download extracts, of any page(s) from our Website for your personal use and you may draw the attention of others within your organisation to content posted on our Website. Provided, however, that any use or disclosure of content on our Website other than linking to our home page requires our express permission.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on our Website must always be acknowledged.

You must not use any part of the content on our Website for commercial purposes without obtaining a licence to do so from us.

If you print off, copy or download any part of our Website in breach of these terms of use, your right to use our Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Links Between Websites

This Website may contain links to other websites. Unless we expressly state otherwise, you should assume that these other websites are not under the control of or in any way affiliated with Moorinvest Counsel. We assume no responsibility for the content of such websites, and we expressly disclaim liability for any and all forms of loss or damage arising out of the use of them. If we include a link to another website, that does not mean that we endorse that other website or in any way recommend that you should use it or take any responsibility for the content of such website.

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to our Website in any website that is not owned by you.

Our Website must not be framed on any other site, nor may you create a link to any part of our Website other than the home page.

We reserve the right to withdraw linking permission without notice.

Consent to Receive E-mail from Moorinvest Counsel

By becoming a client of Moorinvest Counsel, You may consent to receive Moorinvest Counsel’s periodic newsletter (the “Newsletter”), which Moorinvest Counsel distributes by e-mail to Your address on file with Moorinvest Counsel.  If You are not a client and/or would like to stop receiving Moorinvest Counsel’s newsletter or other automated follow-up e-mails, You should click on the “opt-out” link contained in any of the e-mail newsletters or other automated follow-up e-mails.

Privacy

For the purposes of applicable data protection legislation, Moorinvest Counsel will process any personal data you have provided to it in accordance Privacy Policy available on the  website or on request from Moorinvest Counsel.

You agree that, if you have provided Moorinvest Counsel with personal data relating to a third party (1) you have in place all necessary appropriate consents and notices to enable lawful transfer such personal data to Moorinvest Counsel and (2) that you have brought to the attention of any such third party the Privacy Notice available on the Consilience Website or otherwise provided a copy of it to the third party. You agree to indemnify Moorinvest Counsel in relation to all and any liabilities, penalties, fines, awards or costs arising from your non-compliance with these requirements.

Disclaimer of Warranties

MOORINVEST COUNSEL HEREBY DISCLAIMS ALL WARRANTIES.  THE WEBSITE IS PROVIDED “AS IS” AND “AS AVAILABLE.”  TO THE MAXIMUM EXTENT PERMITTED BY LAW, MOORINVEST COUNSEL EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE WEBSITE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. OPERATION OF THE WEBSITE MAY NOT BE UNINTERRUPTED OR ERROR FREE.  YOU ASSUME ALL RESPONSIBILITY AND LIABILITY FOR ALL HARMS, WHETHER TO YOU OR TO ANY THIRD PARTY, ARISING OR RESULTING FROM YOUR USE OF THE WEBSITE, INCLUDING WITHOUT LIMITATION AS RELATE TO ANY DAMAGE TO YOUR SYSTEMS OR DATA.

Limitation of Liability

THE LIABILITY OF MOORINVEST COUNSEL IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, MOORINVEST COUNSEL SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, REGARDLESS OF ANY ADVICE OR NOTICE GIVEN TO MOORINVEST COUNSEL, ARISING OUT OF OR RELATING TO YOUR USE OF THE WEBSITE. ADDITIONALLY, THE MAXIMUM LIABILITY OF MOORINVEST COUNSEL UNDER ALL CIRCUMSTANCES WILL BE THE AMOUNT PAID BY YOU TO MOORINVEST COUNSEL IN CONSIDERATION OF YOUR USE OF THE WEBSITE OR $25, WHICHEVER IS LESS. YOU AGREE THAT THIS LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK AND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN MOORINVEST COUNSEL AND YOU. THE WEBSITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. 

Suspension and Termination

In the event of a breach by You, these Terms and all licenses granted thereunder shall automatically terminate, except that the following provisions will survive: No Attorney-Client Relationship, No Attorney-Client Privilege, Consent to Receive E-mail from Moorinvest Counsel, Intellectual Property, Disclaimer of Warranties, Limitation of Liability, and Communication Concerning Availability of Professional Employment.  Any termination of these Terms terminates all of Your rights to use the Website, including Your license to the content located thereon.

Without limiting any other provision of these Terms, Moorinvest Counsel reserves the right to, in its sole discretion and without notice or liability, deny use of the Website to any person for any reason or no reason at all.

General

In the event that any of these provisions are found to be unlawful, invalid or otherwise unenforceable, that provision is to be deemed severed from these terms of business (in the jurisdiction(s) where it is illegal only) and shall not affect the validity and enforceability of the rest of this document.

In the event that either you or we fail to exercise any right or remedy contained in these terms of business, that does not mean you or we (as applicable) have waived that right or remedy and so shall not be construed as a waiver.

In making or seeking transactions through the Website, you will be required to agree to the terms of certain other agreements setting out the specific terms of the particular transaction you are entering into with us or others. These terms (and the other policies referred to therein) will continue to apply to you even after you have agreed to such additional agreement(s). If there is a conflict between these terms and/or our other policy and/or any subsequent or additional agreement that you enter into, the terms of the subsequent or additional agreement will take priority.

Governing Law

This AGREEMENT shall be interpreted and enforced as though executed in Dover,and shall be governed by and construed in accordance with the laws of the State of Delaware without regard to its conflict of law principles.  THE PROPER VENUE FOR ANY JUDICIAL ACTION ARISING OUT OF OR RELATING TO THE WEBSITE OR THIS AGREEMENT WILL BE THE STATE AND FEDERAL COURTS LOCATED IN DOVER, DELAWARE.  THE PARTIES HEREBY STIPULATE TO, AND AGREE TO WAIVE ANY OBJECTION TO, THE PERSONAL JURISDICTION AND VENUE OF SUCH COURTS, AND FURTHER EXPRESSLY SUBMIT TO EXTRATERRITORIAL SERVICE OF PROCESS.