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Important
Legal Information
The information on this site or in any communication containing
a link to this site is not intended for distribution to,
or use by, any person or entity in any jurisdiction where
such distribution or use would be contrary to law or regulation
or which would subject Hopkins, Sampson & Brown Equities,
LLC ("HSB") or its affiliates to any registration
requirement within such jurisdiction. Neither the information,
nor any opinion contained in this site constitutes a solicitation
or offer by HSB or its affiliates to buy or sell any property
or provide any investment advice or related investment service.
As legal and financial advice must be tailored to the specific
circumstances of each transaction, nothing provided on this
site should be used as a substitute for the advice of competent
counsel, a tax consultant or financial advisor.
Disclaimer of Warranty and Limitation of Liability
An issue for HSB, and for all operators of online
systems, is that a user might attempt to hold HSB
accountable for the wrongful actions of some users. If one
user libels another user, the injured user might blame HSB,
even though the first user was really at fault. If a user
uploads a program with a computer virus, and the other users’
computers are damaged, HSB might be blamed even though
a user left the virus on HSB's System. If a user transmits
illegal or improper information to another user, HSB
might be blamed even though it did nothing more than unknowingly
carry the message from one user to another. Accordingly,
HSB needs all users to accept responsibility for their
own acts, and to accept that an act by another user that
damages them must not be blamed on HSB, but only on
the other user.
Although
it is HSB's goal to provide users with a reliable,
quality system, HSB may experience system failure
or other problems from time to time. Such problems are inevitable
in operating a system. HSB would not be able to offer
this system to users if it had to accept blame or financial
liability for any usability problems, system failures or
error, or mistakes or damages of any kind. In order to continue
offering and improving our service, HSB must deny
any warranties on this service and insure that its liability
for any problems connected with the use of the system is
strictly limited.
These
needs are accomplished by the following disclaimer:
Disclaimer
of Warranties
The information on this site is provided "AS IS".
HSB does not warrant the accuracy of the materials
provided herein, either expressed or implied for any particular
purpose and expressly disclaims any warranties of merchantability
or fitness for a particular purpose. HSB will not
be responsible for any loss or damage that results from
interception by third parties of any information made available
to you via this site. Although the information provided
to you on this site is obtained or compiled from sources
we believe to be reliable, HSB cannot and does not
guarantee the accuracy, validity, timeliness or completeness
of any information or data made available to you for any
particular purpose. Neither HSB, nor any of its affiliates,
directors, officers or employees, nor any third party vendor
will be liable or have any responsibility of any kind for
any loss or damage that you incur in the event of any failure
or interruption of this site, or resulting from the act
or omission of any other party involved in making this site
or the data contained therein available to you, or from
any other cause relating to your access to, inability to
access, or use of the site or these materials, whether or
not the circumstances giving rise to such cause may have
been within the control of HSB or of any vendor providing
software or services support.
No
advice or information, whether written or oral, obtained
by you from HSB shall create any warranty not expressly
stated herein.
In
no event shall HSB, its affiliates or any related
parties be liable for any direct, special, indirect, consequential,
incidental damages or any other damages of any kind even
if HSB or any other party have been advised of the
possibility thereof.
Indemnification
You agree to indemnify, defend and hold HSB harmless
from and against any and all liability and costs incurred
in connection with any loss, liability, claim, demand, damage,
and expenses arising from or in connection with the contents
or use of the service offered by HSB. You agree that
this defense and indemnity shall also apply to any breach
by you of any agreement for services by HSB or the
foregoing representations, warranties and covenants. You
further agree that this defense and indemnity shall include,
without limitation, attorney fees and costs. You also agree
that this defense and indemnity shall apply to HSB,
its affiliates, directors, officers and employees. HSB
reserves the right, at its own expense, to assume the exclusive
defense and control of any matter otherwise subject to indemnification
by you and you shall not in any event settle any matter
without the written consent of HSB.
Use
of Links
Should you leave this site via a link contained herein,
and view content that is not provided by HSB, you do so
at your own risk. The content to which your link will not
have been developed, checked for accuracy, or otherwise
reviewed by HSB. HSB is not responsible for damages or losses
caused by any delays, defects or omissions that may exist
in the services, information or other content provided in
such site, whether actual, alleged, consequential or punitive.
HSB makes no guarantees or representations as to, and shall
have no liability for, any electronic content delivered
by any third party, including, without limitation, the accuracy,
subject matter, quality or timeliness of any electronic
content.
Client
Testimonials
Any examples of client testimonials and results discussed
in this web site are not a guarantee of the outcome of your
account. All real estate transactions are unique and favorable
factors in one case or one jurisdiction may not apply or
be available in another case or jurisdiction.
Arbitration
Any controversy or claim arising out of or relating to the
services provided by HSB shall be settled by binding arbitration
in accordance with the commercial arbitration rules 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
conducted in the County of Essex, New Jersey, and judgment
on the arbitration award may be entered by any court having
jurisdiction thereof. Either you or HSB may seek any interim
or preliminary relief from a court of competent jurisdiction
in the County of Essex, New Jersey, necessary to protect
your rights or those of HSB pending completion of arbitration.
The
fact that you can reach our Service from all fifty states
raises an issue with respect to what law will apply in the
case of a disagreement or dispute. Each State has a different
set of laws. The relationship between you and HSB shall
be governed by the law in the State of New Jersey without
regard to any other State’s conflict of law provisions.
Modification
of Terms of Service
The information presented here is subject to change and
may be updated as deemed necessary. You are responsible
for reading and complying with new terms and conditions.
Retention of HSB will indicate acceptance of any new terms
and conditions.
General
This legal information and disclaimer incorporates by reference
our Privacy Policy and
any notice by HSB contained in any of the Website pages
constitutes the entire understanding between you and HSB
regarding your relationship.
We
appreciate your business and welcome you to our community!
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