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Terms of Use Agreement

The following terms and conditions (“Terms of Use”) govern your use of or access to the Avallano website at www.avallano.com (the “Website”), including all content, information, and functionality displayed or available through the Website. By using or accessing the Website, you agree to be bound by all of the Terms of Use set forth herein, including without limitation the Avallano Privacy Policy and any supplemental terms, legal notices, and other communications provided to you, all of which are incorporated into these Terms of Use by reference.

 

Please read these Terms of Use carefully as they contain important information related to your legal rights, remedies, and obligations in connection with your use of the Website. If you do not agree to be bound by these terms of use, please immediately stop accessing or using this website. by using the sites and/or services, you have agreed to be bound by these terms of use.

Modifications to the Terms of Use

We reserve the right to modify or change these Terms of Use without notice. Your use of the Website is subject to the most current version of the Terms of Use posted on the Website at the time of your use.

Privacy and Protection of Your Information

Your privacy is very important to us. Our Privacy Policy explains how we may collect and use information from and about you when you visit the Website. The Privacy Policy is on our Website at https://www.avallano.com/privacy-policy .

Communication

By providing your email address, phone number, or other points of contact through the Website, you agree that Avallano may communicate with you electronically or over the phone about Avallano. You agree to receive communications from or on behalf of Avallano at any email address, phone number, or other point of contact you provide through the Website. You further agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if they were provided to you in writing.

Use of Website Materials

We own and/or license all content and other materials on the Website, including but not limited to all text, designs, logos, graphics, pictures, information, data, software, routines, documentation, technology, sound files, other files, and the selection and arrangement thereof (collectively “Materials”). The Materials are copyrighted and/or trademarked, and any unauthorized use of the Materials may violate copyright, trademark, and/or other laws.

Digital Millennium Copyright Act

Any copyright owner or its agent that believes that any Materials or other content on the Website infringes upon its copyright(s) should give written notice to Avallano in accordance with the Digital Millennium Copyright Act (“DMCA”). The notice to Avallano shall contain the following information:

 

  • A physical or electronic signature of the copyright owner or the individual authorized to act on behalf of the owner of a copyright that has allegedly been infringed upon;

  • Identification of the copyrighted work claimed to have been infringed, or a representative list of such works;

  • Identification of the copyrighted work that is claimed to be infringing or to be the subject of infringing activity that is reasonably sufficient to permit Avallano to locate the material;

  • The contact information of the copyright owner or the individual authorized to act on behalf of the copyright owner, such as an address, telephone number, and, if available, an email address;

  • A statement that the copyright owner or the individual authorized to act on behalf of the copyright owner has a good faith reasonable belief that the particular use of the identified material is not authorized by the copyright owner, its agent, or the law; and

  • A statement, under penalty of perjury, that the information in the notification is accurate, and that the individual submitting the notice is authorized to act on behalf of the owner of the copyright that has been allegedly infringed.

  • Any copyright owner or its agent may provide written submissions of alleged infringements of alleged infringements to Avallano at 141 Traction St Unit #123 Greenville SC 29611.

Intellectual Property

Trademarks, logos, and service marks displayed or otherwise used on the Website are registered trademarks of Avallano. Intellectual Property is protected by law. All rights in the Intellectual Property are reserved to Avallano or their licensors, affiliates, principals, or partners.

 

Nothing contained on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Intellectual Property displayed on the Website without the written permission of Avallano or the third party that may own the Intellectual Property displayed on the Website. Your misuse of the Intellectual Property displayed on the Website is strictly prohibited. Avallano will aggressively enforce its intellectual property rights to the fullest extent of the law.

 

Eligibility

By using or accessing the Website, you represent that you are at least 18 years of age and capable of agreeing to the terms and conditions set forth in these Terms of Use.

User Code of Conduct

You agree that you will not:

 

  • Use the Website in any unlawful or inappropriate manner, as determined Avallano in their sole discretion, or in any other manner that could damage, disable, overburden, or impair the Website;

  • Use automated scripts to collect information from or otherwise interact with the Website;

  • Impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age, your qualifications, and/or your affiliation with any person or entity; or

  • Publish, upload, display, or transmit or otherwise make publicly available on the Website any private information of any third party, including but not limited to addresses, phone numbers, email addresses, Social Security numbers, and credit card numbers.

Accuracy of Information

Avallano believes but does not guarantee that all of the information that appears on the Website or in any e-mail or other alerts or communications provided in connection with the Website or Program is accurate. Notwithstanding the foregoing, we recommend that you independently verify all information prior to making any technology, marketing, or operational decisions.

Hyperlinks

The Website may contain links to other websites (“Third Party Links”) that we provide solely as a convenience to you during your use of the Website. Avallano does not endorse such websites and is not responsible for any content contained therein. If you decide to access any Third Party Links, you do so entirely at your own risk.

Disclaimers and Warranties

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK AND THAT THE FUNCTIONS OF THE WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE.” IN PARTICULAR, AVALLANO, THEIR SUBSIDIARIES, AGENTS, AFFILIATES, AND/OR LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:

 

(A) YOUR USE OF THE WEBSITE WILL MEET YOUR REQUIREMENTS;

 

(B) YOUR USE OF THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE FROM ERROR;

 

(C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE; OR

 

(D) DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE WEBSITE WILL BE CORRECTED.

 

ANY MATERIAL DOWNLOADED BY OR THAT YOU OTHERWISE OBTAIN THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.

 

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM AVALLANO, OR THROUGH OR FROM THE FUNCTIONS OR YOUR USE OF THE WEBSITE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE AGREEMENT.

 

AVALLANO FURTHER EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT AVALLANO, THEIR SUBSIDIARIES, AGENTS, AFFILIATES, AND/OR LICENSORS SHALL NOT BE LIABLE TO YOU FOR:

 

(A) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;

 

(B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:

 

(1) ANY CHANGES WHICH AVALLANO MAY MAKE TO THE WEBSITE, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE WEBSITE (OR ANY FEATURES WITHIN THE WEBSITE);

 

(2) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE WEBSITE; OR

 

(3) YOUR FAILURE TO PROVIDE AVALLANO WITH ACCURATE INFORMATION.

 

THESE LIMITATIONS ON AVALLANO’S LIABILITY TO YOU SHALL APPLY WHETHER OR NOT EITHER HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.

 

NOTHING IN THESE TERMS OF USE SHALL EXCLUDE OR LIMIT AVALLANO’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU, AND AVALLANO’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Applicable Laws

You acknowledge and agree that any and all disputes, claims, and causes of action arising out of, or in connection with, in whole or in part, your use of the Website shall be resolved individually, without resort to any form of class action, and exclusively by a court of competent jurisdiction located in Delaware. All issues and questions concerning the construction, validity, interpretation, and enforceability of these Terms of Use, your rights and obligations, or the rights and obligations of Avallano, shall be governed by, and construed in accordance with, the laws of Delaware, without giving effect to any choice of law or conflict of law rules (whether of Delaware or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than Delaware.

Indemnification

You agree to indemnify, defend, and hold harmless Avallano, and each of their subsidiaries, agents, affiliates, and/or licensors against any claim, liability, expense, or damages arising from or relating to your use of the Website. Your obligation to defend and indemnify Avallano shall survive the termination of your use of the Website.

Severability

The various provisions contained within the Terms of Use and Privacy Policy are separate and independent, and should any term be declared unlawful, invalid, or unenforceable for any reason by a court or other appropriate tribunal, the remaining provisions and terms shall remain in full force and effect.

 

Entire Agreement

The Terms of Use and Privacy Policy shall constitute the entire agreement between you and Avallano with respect to the Website. The Terms of Use and Privacy Policy shall be binding on the parties and their respective successors and assigns.

Questions and Contact Information

If you have any questions or comments related to the Website, please contact Avallano at support@avallano.com.

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