Terms and Conditions of Use
Last Updated: May/22/2024
THESE TERMS AND CONDITIONS OF USE (THESE “TERMS OF USE”) ARE ISSUED BY 1774 METRO AVE (CA) OWNER LLC AND ITS AFFILIATES OR AGENTS (COLLECTIVELY REFERRED TO HEREIN AS “WE,” “US,” OR “OUR”) AND APPLY TO THE WEBSITE LOCATED AT https://theavalyn.com AND ALL WEBSITES AND PAGES THEREOF (THE “WEBSITE”), AS WELL AS SERVICES THAT WE MAY PROVIDE (THE “SERVICES”).
PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING THE WEBSITE, OUR SERVICES OR ANY CONTENT, YOU ARE ACKNOWLEDGING THAT YOU HAVE READ AND UNDERSTAND, AND ARE ACCEPTING AND AGREEING TO BE BOUND BY, THESE TERMS OF USE AND TO COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS (“APPLICABLE LAW”). For purposes of these Terms of Use, “Content” means data, information, photographs, content, documentation, designs, opinion, advice, proposals, descriptions, statement or other materials, whether written, visual, audio, audiovisual or other information or materials that are available on or that form part of a Website.
IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT ACCESS OR OTHERWISE USE THE WEBSITE OR ANY CONTENT.
THESE TERMS OF USE MAY BE REVISED BY US FROM TIME TO TIME AND AT ANY TIME WITHOUT NOTICE TO YOU. THE MOST CURRENT VERSION OF THESE TERMS OF USE WILL BE POSTED ON THE WEBSITE. IT IS YOUR RESPONSIBILITY TO REVIEW CAREFULLY THE THEN CURRENT TERMS OF USE EACH TIME YOU VISIT THE WEBSITE. EACH AND EVERY TIME YOU ACCESS THE WEBSITE YOU SHALL BE DEEMED TO HAVE AGREED TO THE THEN CURRENT TERMS OF USE. The version of these Terms of Use in effect at the time of your specific access to the Website shall be the version that governs that specific access to the Website. These Terms of Use were last updated on the date set forth above at the top of these Terms of Use.
THE WEBSITE IS NOT DIRECTED TO AND MAY NOT BE USED BY ANY PERSON OR ENTITY IN ANY JURISDICTION WHERE THE DIRECTION OR USE OF THE WEBSITE IS PROHIBITED OR WOULD BE CONTRARY TO ANY APPLICABLE LAW. AS A CONDITION OF YOUR USE OF THE WEBSITE, YOU WARRANT THAT YOU WILL NOT USE THE WEBSITE FOR ANY PURPOSE THAT IS PROHIBITED BY THESE TERMS OF USE OR IS IN VIOLATION OF ANY APPLICABLE LAW.
1. Accuracy of Information
Information contained on the Website and other Content is for informational purposes only. We may make changes to the Website and Content at any time and without notice to you. However, We shall not have and do not undertake any express or other obligation to update or revise the Website or the Content, regardless of new or updated information that may become available or otherwise.
In addition to the disclaimers set forth elsewhere in these Terms of Use or the Website, to the extent permitted by Applicable Law, neither 1774 Metro Ave (CA) Owner LLC nor any of its affiliates makes any representations, warranties or guarantees as to the accuracy, completeness or the availability of the Website or Content, or as to any other matter. We reserve the right to add, modify, correct or remove any Content at any time without any notice to you.
2. Access
Your access to the Website may be suspended, restricted or terminated at any time and without notice, including, without limitation, to allow for repairs, maintenance, or the introduction of new information or facilities. In addition, we may, in our sole discretion and at any time, discontinue the Website, or any part thereof, without notice or having liability to you. You agree that you do not have any rights in this Website and that we will have no liability to you if this Website is discontinued, or if your ability to access the Website or any Content is suspended, restricted, or terminated.
3. Additional Terms
Some of our Services have additional terms and conditions (“Additional Terms”). Where Additional Terms apply to a Service, we will make them available for you. By using that Service, you agree to the Additional Terms. In the event of a conflict between the Terms of Use and any Additional Terms, the Additional Terms shall control.
4, Disclaimer; Exclusion of Liability
This Section 4 applies to the fullest extent permitted by Applicable Law. Your access to and use of the Website and Content are at your sole risk, and you are entirely liable for your activities in connection with the Website and Content. The Website and Content are provided “as is” and “as available”. We do not make any representation, warranty, guarantee, or condition of any kind, express, implied, statutory or otherwise, including, without limitation, any warranties of merchantability, fitness for a particular purpose, title or non-infringement of any intellectual property rights, including, without limitation, with respect to Content, Services, error-free or continuous or uninterrupted access to the Website, or products provided through or in connection with the Website, or the availability, truthfulness, completeness, timeliness, accuracy, usefulness or other characteristics of Content or Services offered on or through the Website, or the absence of malware (including, without limitation, viruses, worms, Trojan horses or other harmful components). All such representations, warranties, guarantees and conditions are hereby waived by you and excluded, except to the extent such waiver and exclusion is not permitted by Applicable Law.
EXCEPT TO THE EXTENT THE FOLLOWING LIMITATIONS ARE NOT PERMITTED BY APPLICABLE LAW, WE SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, UNDER ANY LEGAL THEORY, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, OR OTHERWISE FOR ANY LOSS OR DAMAGES CAUSED BY USE OF, OR RELIANCE ON, OR INABILITY TO USE OR ACCESS, OR DELAYS IN, OR INACCURACIES OR ERRORS OR DEFECTS OR OMISSIONS IN THE WEBSITE OR CONTENT, INCLUDING, BUT NOT LIMITED, TO ANY LOST PROFITS, SAVINGS OR DATA, OR ANY SPECIAL, INCIDENTAL, DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, RESULTING FROM ANY CAUSE WHATSOEVER, BY YOU OR ANY OTHER THIRD PARTY, EVEN IF FORESEEABLE OR IF WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE ARE NOT RESPONSIBLE FOR ANY DOWNTIME, LOSS OR DAMAGE TO YOUR COMPUTER, HARDWARE, SOFTWARE, OR OTHER PROPERTY RESULTING IN ANY WAY FROM OR ASSOCIATED WITH YOUR ACCESS TO OR USE OF, OR INABILITY TO USE OR ACCESS, THE WEBSITE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL CUMULATIVE LIABILITY TO YOU OR ANY THIRD PARTY UNDER THESE TERMS OF USE, FROM ALL CAUSES OF ACTION AND ALL THEORIES OF LIABILITY, WILL BE LIMITED TO AND WILL NOT EXCEED THE AMOUNT YOU HAVE ACTUALLY PAID US DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM GIVING RISE TO SUCH LIABILITY.
IN RESPECT OF ANY CONDITIONS, WARRANTEES OR GUARANTEES THAT CANNOT BE EXCLUDED UNDER STATUTE, TO THE EXTENT PERMITTED BY APPLICABLE LAW, OUR LIABILITY IS LIMITED (AT OUR OPTION) TO THE REPLACEMENT, REPAIR OR RESUPPLY OF THE RELEVANT GOODS OR THE RESUPPLY OR REFUND OF THE COST OF RELEVANT SERVICES.
5. Intellectual Property
The Website, including the design of the Website and Content, are the property of 1774 Metro Ave (CA) Owner LLC, our affiliates, and/or to a service provider or other third parties and are protected by copyright and other domestic and international intellectual property laws. You are only permitted to view and download the Content for your personal or internal use (but not for any other use or purpose), provided that you retain, on any copies of the Content, all copyright and other proprietary notices contained on the original Content. Except for the limited permission granted in the preceding sentence, you are not permitted to and will not use, copy, reproduce, modify, adapt, display, perform, publish, create derivative works from, store, sublicense, translate, transfer, sell, rent, or reverse engineer, decompile or disassemble (except to the extent prohibitions on reverse engineering, decompilation and disassembly are not permitted under Applicable Law) or otherwise exploit the Website or the Content, in any way without our explicit prior written consent. You acknowledge and agree that any unauthorized downloading, retransmission or other copying or modification of Content, or trade names, trademarks, service marks, logos or domain names associated with the Website, is a violation of Applicable Laws and regulations and could subject you to legal action.
6. Communication Using the Website
The Website may, now or in the future, contain functionality or features that permit submissions to us. Any suggestion, material, information, idea or intellectual property communicated by you to us through the Website or posted on the Website (a “submission”) will be considered non-confidential and non-proprietary, unless and to the extent that we specifically agree in writing to separate terms and conditions at the time of the submission. You shall and hereby do grant to us, our affiliates, subsidiaries, related companies and any of their respective designees an irrevocable, perpetual, unlimited, world-wide, fully paid-up and royalty free right and license, with the right to sublicense through multiple levels, to share, reproduce, publish and otherwise use and otherwise exploit your submission for any purpose whatsoever. You waive the right to receive any financial or other consideration in connection with any material, information or idea submitted. You represent, warrant and covenant to us that you have the right to communicate to us or post on the Website each submission, without the consent of any third party. However, if and to the extent that any of the information submitted constitutes personal data, you agree that your personal data will be treated as set forth in our Privacy Policy. You are prohibited from posting or transmitting any unlawful, threatening, obscene, libelous or otherwise offensive material on the Website and we may in our absolute discretion and without having liability remove from the Website any such material. To the extent permissible under applicable law, you consent to us performing any acts or omissions in relation to your submissions and associated materials that may be inconsistent with any moral rights or other rights with respect to attribution of authorship or integrity of materials regarding each submission.
7. Severability; Waiver
If a court of competent jurisdiction holds any provision of these Terms of Use to be invalid or unenforceable, then such provision will be enforced to the maximum extent permissible, and all of the other provisions of these Terms of Use shall remain enforceable and in full effect. Our failure or delay in enforcing any term, exercising any option or requiring performance shall not be a waiver of that or any other of our rights.
8. Personal Information
The Website may, now or in the future, contain functionality or features that require you to register an account by creating a username and password and providing certain personal information (as such term is defined inour Privacy Policy). You shall not allow others to use your username or password for any reason, and you are responsible for keeping your username and password secret and confidential and for keeping your contact information associated with your account up to date. If you fail to do so, you are responsible for any charges, costs, expenses, damages, liabilities and losses that we or any of our affiliated entities may incur as a result. You should immediately notify us if you suspect that someone else is using your username or password without your permission. You may not create an account if you are under 18 years of age. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel lease applications in our sole discretion.
9. Third Party Content and Sites
The Website and/or Content may contain links to websites, webpages or functionality (e.g., job application information forms or social media sites such as Facebook, Pinterest, Twitter, or LinkedIn) made available or operated by our affiliates or third party vendors or other persons or entities other than us (“Third Party Content and Sites”). Third Party Content and Sites are provided for your reference and convenience only. The other websites and the information and functionality of other such websites, services, goods or advertisements that may be linked to the Website are not maintained, controlled or endorsed by us. We do not endorse or accept any responsibility for their information or operation nor do we approve of such information or functionality or the use thereof. We are in no way responsible for examining or evaluating such websites, webpages, functionality, services goods or advertisements, and we make no representations or warranties expressed or implied, concerning the content, accuracy, truthfulness, completeness, usefulness, timeliness, availability, security, confidentiality, or legality thereof, or the functionality of any links to Third Party Content and Sites. You should carefully review the terms and conditions and privacy policies of all websites that you visit. You agree not to hold us responsible for any loss or damage caused by the use of or reliance upon any other websites to which you might link from the Website.
10. Indemnification
You agree to defend, indemnify and hold us, our affiliates, employees, agents, officers, directors, contractors, suppliers and other representatives harmless from and against all liabilities, damages, claims, actions, costs and expenses (including reasonable attorneys’ fees) in connection with or arising from your access to or use of the Website or Content or Third Party Content or Sites, or violation of the Terms of Use. We may, if necessary, participate in the defense of any claim or action at your expense and any negotiations for settlement. We reserve the right, on notice to you, to assume exclusive defense and control of any claim or action subject to indemnification by you, without relieving you of your indemnification obligations hereunder. Upon learning of a claim by a third party that your use violates or allegedly violates a third party’s rights, you agree to promptly notify us of any such claim. You agree to cooperate with us as reasonably required in the defense of any such claims, and you shall not in any event settle any such claim or matter without our written consent.
11. Remedies for Misuse
You agree that any unauthorized use of the Website or Content may cause us or our affiliates immediate and irreparable harm for which money damages will not constitute an adequate remedy. You further agree that injunctive relief, in addition to any other remedies available, will be warranted in order to enforce these Terms of Use. You further understand that unauthorized use of the Website may expose you to civil and criminal liability and that we may report violations of these Terms of Use to and cooperate fully with the appropriate law enforcement authorities concerning any violations hereof.
12. Applicable Law and Jurisdiction
These Terms of Use shall be governed by and interpreted in accordance with the laws of the State of New York, without giving effect to the conflict of laws rules thereof. Notwithstanding the foregoing, we may seek and obtain injunctive or other appropriate relief in a court of competent jurisdiction for any violation of these Terms of Use.
13. Privacy
Our Privacy Policy applies to use of the Website, and its terms are made a part of these Terms of Use by reference. The Privacy Policy can be viewed by clicking here.
14. General
Entire Agreement. These Terms of Use (including the Privacy Policy) constitute the entire agreement between you and us and govern your use of the Website and any Content. These Terms of Use supersede any and all prior or contemporaneous communications, representations, statements and understandings, whether oral or written, between the parties concerning the Website. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect.
Independent Relationship. No joint venture, partnership, employment, or agency relationship exists between you or us as a result of these Terms of Use or use of the Website or any Content.
Notice. Notices to you may be made via email, regular mail or using any other information you provided in connection with the use of the Website.
Force Majeure. Under no circumstances shall we be held liable for any delay or failure in performance resulting directly or indirectly from an event beyond our reasonable control.
Survival. Any provision of these Terms of Use that would, by its nature, survive the termination or expiration of these Terms of Use shall so survive.
Assignment. We are entitled, without obtaining your consent, to assign or delegate to one or more of our affiliates or a third party, our rights and obligations under these Terms of Use, in whole or in part. You will not assign or delegate to any third party any of your rights or obligations under these Terms of Use, without obtaining our prior written consent, which we may withhold in our sole discretion. Any assignment or delegation made in derogation of this Section shall be void and of no effect.
