Welcome to AVAFIN LLC’s (“AVAFIN”; “us”; “we”) AVAFIN.com website (the “WebSite”). We maintain this Site as a service to you (referred to herein as “You” or “Your”). By using or visiting our Site, you are agreeing to comply with and be bound by the terms of this Agreement. Please review them carefully. IF YOU DO NOT AGREE TO THESE TERMS, YOU SHOULD NOT VISIT, USE OR OBTAIN INFORMATION FROM THIS SITE.
4. Disclaimer of Information Provided on the Site.
AVAFIN publishes financial information on the Site and Services. We do not provide, and you expressly understand that we do not provide, any recommendations with regards to a particular investment, investment strategy, portfolio of securities, security, transaction, or whether any of the above is suitable for you or any specific person. You also understand that none of the creators of our Site or Services will advise you personally concerning the suitability of, nature, or potential of any particular investment, investment strategy, portfolio of securities, security, transaction, or other matter. If our Site and/or Services seem to provide financial advice, that information is not tailored to your investment needs, or the investment needs of any particular person.
We reserve the right to provide conflicting opinions in our Site and/or Services, and those opinions are provided for informational purposes and should not be relied upon by you. You further understand that AVAFIN’s employees, independent contractors, affiliates, or any outside contributors and/or creator of the Services cannot and will not advise you personally regarding the suitability of, nature, or potential of any particular investment, investment strategy, portfolio of securities, security, transaction, or other matter. Do not attempt to contact them directly seeking personalized investment advice.
You understand that the information supplied to us is from sources we believe to be reliable, and that our calculations, prediction, or analysis is made in reliance upon such data. You further understand that such data is not guaranteed by these sources and it may not be complete. Therefore, our calculations, prediction, or analysis may not be reliable as a result of it.
Any quotes that we provide are at least 20 minutes delayed when the U.S. Exchanges are open, and when they are not open, our quotes are only as current as the last trading day. You should not sell or buy an investment based upon our quotes, but rather consult a qualified broker or other financial professional to ensure that such quotes are accurate.
5. Electronic Communications. When you visit the Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
6. Copyright. The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site or Services (“Copyright Content”) are the property of AVAFIN or its content suppliers and 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 8, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site or Services. The posting of information or materials on the Site or Services does not constitute a waiver of any right in such information and materials.
7. Trademarks. AVAFIN graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of AVAFIN or its affiliates in the U.S. and/or other countries (“Trademark Content”). AVAFIN trademarks and trade dress may not be used in connection with any product or service that is not AVAFIN’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits AVAFIN. All other trademarks not owned by AVAFIN or its affiliates that may appear on this Site and/or Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by AVAFIN or its affiliates.
8. License and Site Access; Limited Right to Use. AVAFIN grants you a limited license to access and make personal use of this Site or Services and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of AVAFIN. This license does not include any resale or commercial use (except as provided herein) of this Site and/or Services or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. Unless otherwise provided herein, this Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of AVAFIN. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of AVAFIN and our affiliates without express written consent. You may not use any meta tags or any other “hidden text” utilizing AVAFIN’s name or trademarks without the express written consent of AVAFIN. Any unauthorized use terminates the permission or license granted by AVAFIN. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of AVAFIN so long as the link does not portray AVAFIN, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any AVAFIN logo or other proprietary graphic or trademark as part of the link without express written permission.
10. Hold Harmless and Indemnification. By using the Site or Services, you agree to indemnify and hold AVAFIN and its respective parents, subsidiaries, affiliates and agents, and each of their respective officers, directors, employees and third party providers harmless, including but not limited to reasonable attorneys’ fees, from and against any claim or demand, made by any third party due to or arising out of your use of the Site/Services, or the use of the Site/Services by any party using your account, including but not limited to violation of this Agreement or the infringement of any intellectual property or other right of any person or entity.
11. Disclaimer and Limits. THE INFORMATION FROM OR THROUGH THE SITE OR SERVICES IS 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, SUPPLIERS, SUBSIDIARIES, ADVERTISERS, AGENTS OR SPONSORS 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, SUPPLIERS, SUBSIDIARIES, ADVERTISERS, AGENTS OR SPONSORS 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 IS A FUNDAMENTAL ELEMENT 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 OR SERVICES. OUR MAXIMUM LIABILITY TO YOU UNDER ALL CIRCUMSTANCES WILL BE EQUAL TO THE PURCHASE PRICE YOU PAY FOR ANY GOODS, SERVICES OR INFORMATION IN THE CURRENT CALENDAR YEAR OF YOUR SUBSCRIPTION.
YOUR CORRESPONDENCE OR BUSINESS DEALINGS WITH, OR PARTICIPATION IN PROMOTIONS OF, ADVERTISERS FOUND ON OR THROUGH THE SITE OR SERVICES, INCLUDING PAYMENT AND DELIVERY OR RELATED GOODS OR SERVICES, AND ANY OTHER CONDITIONS, TERMS, WARRANTIES OR REPRESENTATIONS ASSOCIATED WITH SUCH DEALINGS, ARE SOLELY BETWEEN YOU AND SUCH ADVERTISER. YOU AGREE THAT WE SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY SUCH DEALINGS OR AS THE RESULT OF THE PRESENCE OF SUCH ADVERTISERS ON THE SITE OR SERVICES. Under no circumstances shall AVAFIN be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, or non-performance of third parties.
12. 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, MERCHANTABILITY OR NONINFRINGEMENT. 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.
13. 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.
14. Payments. You represent and warrant that if you are purchasing something from us 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. AVAFIN shall not process any orders based on or using an incorrect, expired, or over-charged credit card. A AVAFIN customer service representative will so notify you by electronic mail within 24 hours if this occurs. However, in the event such an order is processed, AVAFIN reserves the right to collect funds for any uncollected transactions owed to it. AVAFIN may charge a nominal fee of $10.00 per order should a payment made by credit card is declined, necessitating an alternative mode of payment or exception processing. If you fail to pay any fees or charges when due, AVAFIN may charge such amount directly to the credit card identified in your Account Information and AVAFIN may cancel any purchases made by you on the Site. You agree that you shall bear sole liability for any fees, including attorneys’ fees and collection costs, that AVAFIN may incur in its efforts to collect any unpaid balances from you. Your right to use the Site and make purchases on the Site is subject to limits established by AVAFIN and/or by your credit card issuer
15. Securities Laws. This Site may include statements concerning our operations, prospects, strategies, financial condition, future economic performance and demand for our products or services, as well as our intentions, plans and objectives, that are forward-looking statements. These statements are based upon a number of assumptions and estimates which are subject to significant uncertainties, many of which are beyond our control. When used on our Site, words like “anticipates,” “expects,” “believes,” “estimates,” “seeks,” “plans,” “intends” and similar expressions are intended to identify forward-looking statements designed to fall within securities law safe harbors for forward-looking statements. The Site and the information contained herein does not constitute an offer or a solicitation of an offer for the sale of any securities. None of the information contained herein is intended to be, and shall not be deemed to be, incorporated into any of our securities-related filings or documents.
16. Links to Other Web Sites. The Site contains 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.
17. Premium Registration. In order to gain access to portions of the Site and Services, you must obtain an account and password by choosing a unique username and password and supply us with true, accurate, current and complete information about yourself as required by us. In consideration of your use of the Site and/or Services, you represent that you are of legal age to form a binding contract and are not a person barred from receiving the Services under the laws of the United States or other applicable jurisdiction. You further agree to maintain and promptly update your registration information to keep it true, accurate, current and complete.
18. Your Account. If you use this Site or Services, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. AVAFIN and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
19. Nontransferable. Your right to use the Site or Services is not transferable. Any password or right given to you to obtain information or documents is not transferable.
20. Subscription Cancellation. If you sign up to receive our premium services, your credit charge will be billed the applicable subscription fee and your paid subscription will commence. You will be billed on each monthly anniversary date of your subscription date. If you wish to cancel your subscription, you must do so with 30 days advance notice by sending a cancellation notice including your name, address, contact information, and username stating that you wish to cancel your premium subscription.
21. Termination. AVAFIN reserves the right to restrict, suspend or terminate your use of and registration on the Site or Services at any time for any reason in its sole discretion, with or without cause, without prior notice to you and without liability or further obligation of any kind whatsoever to you or any other party. AVAFIN reserves the right to terminate your access to any portion of the Services in the sole discretion of AVAFIN, in the event you violate this Agreement. In such case, you will not be entitled to receive a refund of any portion of the subscription fee paid by you.
22. Information and Press Releases. The Site contains information and press releases about us. While this information was believed to be accurate as of the date prepared, we disclaim any duty or obligation to update this information or any press releases. Information about companies other than ours contained in the press release or otherwise, should not be relied upon as being provided or endorsed by us.
23. Miscellaneous. This Agreement shall be treated as though it were executed and performed in New York, New York, and shall be governed by and construed in accordance with the laws of the State of New York (without regard to conflict of law principles). Any cause of action by you with respect to the Site (and/or any information, products or services related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in this Agreement. The language in this Agreement shall be interpreted as in accordance with its fair meaning and not strictly for or against either party. All legal proceedings arising out of or in connection with this Agreement shall be brought solely in the State of New York. You expressly submit to the exclusive jurisdiction of said courts and consent to extraterritorial service of process. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.