AvreaFoster is located at 500 North Akard, Suite 2000, Dallas Texas, 75201. 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.
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.
Certain parts of the Site may offer the opportunity for users to post and exchange opinions, information, material and data (“Comments”) in areas of the website. AvreaFoster does not screen, edit, publish or review Comments prior to their appearance on the website and Comments do not reflect the views or opinions of AvreaFoster, its agents or affiliates. Comments reflect the view and opinion of the person who posts such view or opinion. To the extent permitted by applicable laws AvreaFoster shall not be responsible or liable for the Comments or for any loss cost, liability, damages or expenses caused and or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.
AvreaFoster does not claim ownership to your Comments; however, you grant us a non-exclusive, sublicensable, irrevocable and royalty-free worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights to use, reproduce, transmit, print, publish, publicly display, exhibit, distribute, redistribute, copy, index, comment on, modify, adapt, translate, create derivative works based upon, publicly perform, make available and otherwise exploit such Comments, in whole or in part, in all media formats and channels now known or hereafter devised (including in connection with third-party sites and platforms such as Facebook, YouTube and Twitter), in any number of copies and without limit as to time, manner and frequency of use, without further notice to you, with or without attribution, and without the requirement of permission from or payment to you or any other person or entity.
You represent and warrant that your Comments conform to these terms and that you own or have the necessary rights and permissions, without the need for payment to any other person or entity, to use and exploit, and to authorize us to use and exploit, your Comments in all manners contemplated by these terms. You agree to indemnify and hold AvreaFoster and its employees and officers, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against us by any third party arising out of or in connection with our use and exploitation of your Comments. You also agree not to enforce any moral rights, ancillary rights or similar rights in or to the Comments against AvreaFoster or its licensees, distributors, agents, representatives and other authorized users, and agree to procure the same agreement not to enforce from others who may possess such rights.
AvreaFoster has the right but not the obligation to monitor, screen, post, remove, modify, store and review Comments or communications sent through the Site, at any time and for any reason, including to ensure that the Comments or communication conforms to these terms, without prior notice to you. AvreaFoster is not responsible for, and does not endorse or guarantee, the opinions, views, advice or recommendations posted or sent by users.
AvreaFoster may remove any Comments that it considers in its absolute discretion to be inappropriate, offensive or otherwise in breach of these Terms and Conditions.
Users may be required to create a username and password to access certain portions of this Site, to post Comments or to communicate directly with other users through the Site. You agree to provide and maintain accurate, current and complete information, including your contact information for notices and other communications from AvreaFoster. You agree not to impersonate or misrepresent your affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name or likeness, or provide false details with respect to yourself or anyone else. You agree that AvreaFoster or its agents and representatives may take steps to verify the accuracy of information you provide.
AvreaFoster may, in appropriate circumstances, terminate the accounts of users who are repeat infringers of copyright. In addition, AvreaFoster may suspend or terminate your account if you engage in, encourage or advocate for illegal conduct, or if you fail to comply with these terms.
You are responsible for taking reasonable steps to maintain the confidentiality of your username and password, and you are responsible for all activities under your account that you can reasonably control. You agree to promptly notify us of any unauthorized use of your username, password or other account information, or of any other breach of security that you become aware of involving your account.
The security, integrity and confidentiality of your information are extremely important to AvreaFoster. AvreaFoster has implemented technical, administrative and physical security measures that are designed to protect your information from unauthorized access, disclosure, use and modification.
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.
ALL INFORMATION AND SERVICES PROVIDED ON OR THROUGH THIS SITE ARE PROVIDED ON AN “AS IS” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS RELATING TO THE SITE AND THE USE OF THIS WEBSITE (INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES IMPLIED BY LAW IN RESPECT OF SATISFACTORY QUALITY, FITNESS FOR PURPOSE AND/OR THE USE OF REASONABLE CARE AND SKILL). NOTHING IN THIS DISCLAIMER WILL: LIMIT OR EXCLUDE OUR OR YOUR LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM NEGLIGENCE; LIMIT OR EXCLUDE OUR OR YOUR LIABILITY FOR FRAUD OR FRAUDULENT MISREPRESENTATION; LIMIT ANY OF OUR OR YOUR LIABILITIES IN ANY WAY THAT IS NOT PERMITTED UNDER APPLICABLE LAW; OR EXCLUDE ANY OF OUR OR YOUR LIABILITIES THAT MAY NOT BE EXCLUDED UNDER APPLICABLE LAW.
The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
To the extent that the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.
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, 500 North Akard, Suite 2000, Dallas, Texas 75201. 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.
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.
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.
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.
The provisions of these terms which by their nature should survive the termination of these terms shall survive such termination.
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.