The following terms and conditions (“Terms of Use”) apply to the use of the Websites maintained by Avenacy, Inc. (“Avenacy”) and its subsidiaries (collectively, the “Company” or “we” or “us” our “our”). For the purposes hereof, the term, “Websites”, shall refer collectively to www.avenacy.com as well as the other websites that the Company operates and that link to these Terms of Use.

Conditions of Use of Websites. Your access to and use of our Websites is subject to these Terms of Use and compliance with all applicable laws. The information provided on our Websites is for general informational and educational purposes for U.S. residents who are 18 years of age or older. By accessing and browsing our Websites, you agree to the following Terms of Use without restriction or reservation.

Please review these Terms of Use carefully. If you do not agree to the Terms of Use, you may not access or use the Websites.

Avenacy reserves the right to change these Terms of Use from time to time. Any such changes shall be effective immediately. You may view the most recent version of these Terms of Use at any time by accessing this page through the link on each of our Websites.

Use of Information. You may not distribute, modify, transmit, reuse, repost, or use the content of the Websites for public or commercial purposes, including any text, images, audio, or video, without the prior written permission of Avenacy. You should assume that everything you see or read on our Websites is copyrighted unless otherwise noted and may not be used, except as provided in these Terms of Use or in the text on the applicable Website, without the prior written permission of Avenacy. Avenacy neither warrants nor represents that your use of materials displayed on the Websites will not infringe rights of third parties not owned by, or affiliated with, the Company.

Disclaimer of Medical Advice. Any information on our Websites is provided for informational purposes only and is not intended to provide comprehensive medical information. None of the content on our Websites should be construed as the giving of advice or a recommendation regarding the health of any person. Should you have a medical condition, you should consult your doctor regarding any questions you may have about your health or before making any medical decisions.

Indemnification. You agree to indemnify, defend and hold the Company and our officers, directors, employees, agents, partners and affiliates, harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of these Terms of Use or use of the Websites.

Limitation of Liability; Disclaimers. The Company does not assume any liability for the materials, information and opinions provided on, or otherwise available through, the Websites. Any reliance on these materials, information and opinions is made solely at your own risk. The Company disclaims any liability for injury or damages resulting from or arising out of access to, the use of or inability to use, our Websites, or the content on our Websites.  The Company also assumes no responsibility, and shall not be liable for, any damages to, or for viruses that may infect, your computer equipment or other property, in connection with your access to, or use of information on, our Websites.

While the Company has used reasonable efforts to ensure that all information on our Websites is accurate, up to date, and complete, the Company expressly disclaims any warranty or representation regarding the accuracy of such information. INFORMATION ON OUR WEBSITES IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. THE COMPANY DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE WEBSITES SHALL BE TO DISCONTINUE USING THE WEBSITES. The Company also reserves the right to discontinue any or all of our Websites at any time without notice and without liability.

NOTHING IN THESE TERMS OF USE SHALL EXCLUDE OR LIMIT OUR 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 THAT ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Third Party Content. To the extent our Websites contain references or links to third-party information, the Company does not accept nor assume any responsibility for such third-party information or the content of other websites to which we provide links.

Trademarks and Copyright. You should assume that all content included on our Websites is and shall continue to be the property of the Company or its content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use or publication by you of any such content or any part of our Websites is prohibited, except as expressly permitted in these Terms of Use. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of our Websites.

Privacy. We may collect information, including personal information, through registration processes, the “Contact” page of one or more of our Websites or other means. You shall be fully responsible for the content and accuracy of any information that you provide to the Company through our Websites, including ensuring the non-violation of duties to or rights of third-parties in such communications. Except as otherwise set forth in our privacy policy, any communication or materials you transmit to or through our Websites, including comments, suggestions, questions, ideas, data, concepts, know-how, or the like, shall become the property of the Company. Upon its receipt of such information, the Company shall be free to use, disclose, reproduce, or distribute it, including without limitation, for the purpose of developing, manufacturing, and marketing products using such information.

Governing Law and Dispute Resolution.  Any dispute, controversy or claim arising out of, relating to or in connection with this contract, including the breach, termination or validity thereof, shall be finally resolved by binding arbitration administered by the American Arbitration Association (the “AAA”).  The arbitration will take place in Buffalo, New York.  You and Avenacy shall select jointly one arbitrator from a panel of arbitrators submitted to the parties by AAA who have, to the fullest extent possible, experience with and knowledge of the relevant industry.  If the parties are unable to select jointly an arbitrator, the AAA shall appoint the arbitrator.  The arbitrator shall have the power to rule on any challenge to its own jurisdiction or to the validity or enforceability of any portion of the agreement to arbitrate.  You and Avenacy agree to arbitrate solely on an individual basis, and that the Terms of Use do not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding.  The arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. In the event the prohibition on class arbitration is deemed invalid or unenforceable, then the remaining portions of the arbitration agreement will remain in force.

Miscellaneous. These Terms of Use constitute the entire agreement between you and the Company and governs the terms and conditions of your use of our Websites, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and the Company with respect to the Websites. Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies (including but not limited to the Company’s privacy policy), guidelines, or rules that are set forth from time to time on the Websites and may apply when you use the Websites. The Company may revise these Terms of Use at any time by updating them and posting the revised Terms of Use, which you may access on this page by clicking the appropriate link on each of our Websites. Accordingly, you should review these Terms of Use periodically to determine if any changes have been made. Your continued use of the Websites after any changes have been made to the Terms of Use signifies and confirms your acceptance of any such changes or amendments to the Terms of Use. These Terms of Use and your use of our Websites are governed by the laws of the United States of America and the State of New York without regard to its conflicts of laws principles. If any provision of these Terms of Use shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms of Use will otherwise remain in full force and effect.

Contact Information. If you have any questions regarding these Terms of Use, please contact us at info@avenacy.com.