Effective Date: September 16, 2021
Agreement between User and Avalon Risk Management, LLC
(“Avalon”, “we”, or “our”)
Welcome to avalonriskmanagement.com. The avalonriskmanagement.com website (the “Site”) is comprised of various web pages operated by Avalon and its affiliates. The Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained below (the “Terms”). By using the Site you accept and agree to be bound and abide by these Terms. Please read these Terms carefully and keep a copy of them for your reference.
Visiting the Site or sending emails to Avalon constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
If you use any of the Site’s portals, 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. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Avalon is not responsible for third party access to your account that results from theft or misappropriation of your account. Avalon reserves the right to refuse or cancel service, terminate accounts, or remove or edit content in its sole discretion.
Links to Third Party Sites/Third Party Services
The Site may contain links to other websites, including links in advertisements (“Linked Sites”). The Linked Sites are not under the control of Avalon and Avalon is not responsible for the content of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Avalon is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Avalon of the site or any association with its operators. If you decide to access any of the Linked Sites, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Certain services made available via the Site are delivered by third party sites and organizations. By using any product, service or functionality originating from the avalonriskmanagement.com domain, you hereby acknowledge and consent that Avalon may share such information and data with any third party with whom Avalon has a contractual relationship to provide the requested product, service or functionality on behalf of Site users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use the Site strictly in accordance with these Terms. As a condition of your use of the Site, you warrant to Avalon that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other person’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Site, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Avalon or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Avalon or the applicable copyright owner. You agree that you do not acquire any ownership rights in any protected content and such content is not for resale. Except as expressly set forth in these terms, you are not being granted any licenses, express or implied, to the intellectual property of Avalon or its suppliers.
Avalon’s name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Avalon or its affiliates or licensors. You must not use such marks without the prior written permission of Avalon.
Materials Provided to avalonriskmanagement.com or Posted on Any Avalon Web Page
Avalon does not claim ownership of the materials you provide to avalonriskmanagement.com (including feedback and suggestions) or that you post, upload, input or submit to the Site or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Avalon, our affiliated companies, service providers and necessary sublicensees permission to use your Submission in connection with the operation of their businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. Avalon is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Avalon’s sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
Information About You and Your Visits to the Website
The Site is controlled, operated and administered by Avalon from our offices within the USA. If you access the Site from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use Avalon content accessed through the Site in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless Avalon and its affiliates and service providers and their respective members, shareholders, officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site, any Submissions made by you, your violation of any portion of the Terms or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Avalon reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Avalon in asserting any available defenses.
Disclaimer of Warranties
We cannot and do not guarantee or warrant that files available for downloading from the internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.
TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH IT IS AT YOUR OWN RISK. THE SITE, ITS CONTENTS, AND ANY SERVICES OR ITEMS OBTAINED THROUGH IT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER AVALON NOR ANY PERSON ASSOCIATED WITH AVALON MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER AVALON NOR ANYONE ASSOCIATED WITH AVALON REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENTS, OR ANY SERVICES OR ITEMS OBTAINED THROUGH IT WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH IT WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, AVALON HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. AVALON AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Governing Law and Jurisdiction
All matters relating to the Site and these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Arizona without giving effect to any choice or conflict of law provision or rule (whether of the State of Arizona or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Site shall be instituted exclusively in the federal courts of the United States or the courts of the State of Arizona, in each case located in the Maricopa County, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
At Avalon’s sole discretion, Avalon may require you to submit any disputes arising from these Terms or use of the Site, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Arizona law, without giving effect to any choice or conflict of law provision or rule.
Avalon reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice.
Changes to Terms
Avalon reserves the right, in its sole discretion, to change the Terms under which the Site is offered. All changes are effective immediately when we post them, and apply to all access to and use of the Site thereafter. However, any changes to the dispute resolution provisions set out in the Governing Law and Jurisdiction section will not apply to any disputes for which the parties have actual notice on or before the date the change is posted. Avalon encourages you to periodically review the Terms to stay informed of our updates. Your continued use of the Site following the posting of revised Terms means that you accept and agree to the changes.
Waiver and Severability
No waiver by Avalon of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Avalon to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
Avalon welcomes your questions or comments regarding the Terms:
7600 E. Redfield Road, Building B, Suite 145
Scottsdale, Arizona 85260