Terms of Use

Overview

AvreaFoster is located at 4849 Greenville Ave, Suite 100, Dallas, Texas. 75206. By accessing the Site, we assume you accept these terms and conditions in full. Do not continue to use AvreaFoster’s website if you do not accept all of the terms and conditions stated on this page.

COOKIES

Our use of cookies and similar technologies is governed by our Privacy Policy and Cookie Policy.”

LICENSE

Unless otherwise stated, AvreaFoster and/or its licensors own the intellectual property rights for all material on avreafoster.com. All intellectual property rights are reserved. You may view and/or print pages from the Site for your own personal use subject to restrictions set in these terms and conditions.

YOU MUST NOT:

• Sell, rent or sub-license material from the Site.
• Reproduce, duplicate or copy material from the Site.
• Redistribute content from AvreaFoster unless content is specifically made for redistribution.

NO AGENCY–CLIENT RELATIONSHIP

Use of this Site does not create a client, agency, partnership, fiduciary, or advisory relationship between you and AvreaFoster. Accessing, viewing, or interacting with content on this Site — including submitting inquiries, downloading materials, or engaging in preliminary discussions — does not constitute the formation of a client relationship.

Any engagement of AvreaFoster for professional services is governed solely by a separate written agreement executed by both parties. No proposal, estimate, statement of work, presentation, email communication, or discussion shall be binding unless and until a formal agreement is signed.

In the event of any inconsistency between information on this Site and the terms of a signed client agreement, the signed agreement shall control.

REMOVAL OF LINKS FROM OUR WEBSITE

If you find any link on the Site or any linked website objectionable for any reason, you may contact us about this. We will consider requests to remove links but will have no obligation to do so or to respond directly to you. While we attempt to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on the website is kept up to date.

DISCLAIMER OF WARRANTIES AND RELIANCE

THE SITE AND ALL CONTENT, INFORMATION, MATERIALS, TOOLS, AND SERVICES MADE AVAILABLE ON OR THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AVREAFOSTER DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON-INFRINGEMENT, OR AVAILABILITY.

AVREAFOSTER MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SITE OR ITS CONTENT WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, RELIABILITY, OR USEFULNESS OF ANY CONTENT, INSIGHTS, MATERIALS, OR INFORMATION PROVIDED ON OR THROUGH THE SITE.

ANY RELIANCE YOU PLACE ON INFORMATION OBTAINED THROUGH THE SITE IS STRICTLY AT YOUR OWN RISK. CONTENT ON THE SITE IS PROVIDED FOR GENERAL INFORMATIONAL PURPOSES ONLY AND DOES NOT CONSTITUTE PROFESSIONAL ADVICE, STRATEGIC GUIDANCE, OR A RECOMMENDATION SPECIFIC TO YOUR BUSINESS OR CIRCUMSTANCES.

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AVREAFOSTER SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF BUSINESS OPPORTUNITIES, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATED TO YOUR ACCESS TO OR USE OF (OR INABILITY TO USE) THE SITE OR ITS CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, EVEN IF AVREAFOSTER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL AVREAFOSTER’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SITE OR THESE TERMS OF USE EXCEED ONE HUNDRED DOLLARS (US $100).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH CASES, AVREAFOSTER’S LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

BINDING ARBITRATION AND CLASS ACTION WAIVER

You and AvreaFoster agree to arbitrate all disputes between you and AvreaFoster or its affiliates, except disputes relating to the enforcement of AvreaFoster’s or its affiliates’ intellectual property rights. “Dispute” includes any dispute, action or other controversy between you and us concerning the Site or these terms, whether in contract, tort, warranty, statute or regulation, or other legal or equitable basis. You and AvreaFoster empower the arbitrator with the exclusive authority to resolve any dispute relating to the interpretation, applicability or enforceability of these terms or formation of this contract, including the arbitrability of any dispute and any claim that all or any part of these terms are void or voidable.

In the event of a dispute, you or AvreaFoster must send to the other party a notice of dispute, which is a written statement that sets forth the name, address and contact information of the party giving the notice, the facts giving rise to the dispute and the relief requested. You must send any notice of dispute to AvreaFoster, 4849 Greenville Ave, Suite 100, Dallas, Texas. 75206 AvreaFoster will send any notice of dispute to you at the contact information it has for you. You and AvreaFoster will attempt to resolve a dispute through informal negotiation within sixty (60) days from the date the notice of dispute is sent. After sixty (60) days, you or AvreaFoster may commence arbitration. You may also litigate a dispute in small claims court if the dispute meets the requirements to be heard in small claims court, whether or not you negotiated informally first.

If you and AvreaFoster do not resolve a dispute by informal negotiation or in small claims court, the dispute shall be settled by binding arbitration before a neutral arbitrator whose decision will be final except for a limited right of appeal under the U.S. Federal Arbitration Act. YOU ARE GIVING UP THE RIGHT TO LITIGATE A DISPUTE IN COURT BEFORE A JUDGE OR JURY. Arbitration will be administered by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules and its Supplementary Procedures for Consumer Related Disputes. For more information, visit www.adr.org or, in the United States, call 800-778-7879. Arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator may award damages to you individually as a court could, including declaratory or injunctive relief, but only to the extent required to satisfy your individual claim.

You will be responsible for paying all of your own legal and professional costs of arbitration, plus fifty percent (50%) of the arbitrator’s fees and expenses. AvreaFoster will be responsible for paying all of its own legal and professional costs of arbitration, plus fifty percent (50%) of the arbitrator’s fees and expenses. Notwithstanding the foregoing, the arbitrator may include as part of his or her decision an award to the prevailing party of fees and expenses, including reasonable attorneys’ fees and costs of arbitration, to be paid by the non-prevailing party. The arbitrator will have the discretion to determine the prevailing and non-prevailing party in the arbitration; provided, however, that a party does not need to be completely successful on all claims involved in the arbitration in order to be determined the prevailing party.

Arbitration will take place in Dallas, Texas, and you and AvreaFoster agree to submit to the personal jurisdiction of the federal or state courts located there, in order to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate or enter judgment on the award entered by the arbitrator.

PROCEEDINGS TO RESOLVE OR LITIGATE A DISPUTE IN ANY FORUM WILL BE CONDUCTED ON AN INDIVIDUAL BASIS. Neither you nor AvreaFoster will seek to have a dispute heard as a class action, private attorney general action, or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding can be combined with another without the prior written consent of all parties to the arbitration or proceeding. If the class action waiver is found to be illegal or unenforceable as to all or some parts of a dispute, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration.

CHOICE OF FORUM

You agree that any action at law or in equity arising out of or relating to these terms or the Site that is not subject to arbitration shall be filed, and that venue properly lies, only in the state or federal courts located in Dallas, Texas, and you consent and submit to the personal jurisdiction of such courts for the purposes of litigating such action.

CHOICE OF LAW

These terms are governed by and construed in accordance with the laws of the State of Texas and the laws of the United States, without giving effect to any conflict of law principles.

SEVERABILITY

If any provision of these terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.

SURVIVAL

The provisions of these terms which by their nature should survive the termination of these terms shall survive such termination.

WAIVER

No waiver of any provision of these terms by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these terms shall not constitute a waiver of such right or provision.