You understand that no content published on AVA Investment Analytics (www.avaresearch.com) (“the Site”) or delivered by email, audio, teleconference, chat, or any other means constitutes a recommendation that any particular security, portfolio of securities, transaction or investment strategy is suitable for any specific person. You further understand that none of the authors, employees of AVAIA, guest authors, information providers or their affiliates are advising you personally concerning the nature, potential, value or suitability of any particular security, portfolio of securities, transaction, investment strategy or other matter.
To the extent any of the content published on the Site or accessed as a part of your membership to services provided by the Site (newsletters, forums, chat rooms, teleconferences) may be deemed to be investment advice or recommendations in connection with a particular security, such information is impersonal and not tailored to the investment needs of any specific person. You understand that an investment in any security is subject to a number of risks and that discussions of any security published on the Site will not contain a list or description of relevant risk factors.
In addition, please note that on occasion, some of the stocks as to which content is published on the Site could have a low market capitalization and/or insufficient public float. Such stocks are subject to more risk than stocks of larger companies, including greater volatility, lower liquidity and less publicly available information. Blogs, postings or content on the Site which may or may not be deemed by you to be recommendations may have an effect on their stock prices.
You understand that performance data is supplied by sources believed to be reliable, that the calculations and opinions herein are made using such data, and that such calculations are not guaranteed by these sources, the information providers, or any other person or entity, and may not be complete.
From time to time, reference may be made on our Site to prior articles and opinions we have published. These references may be selective, may reference only a portion of an article or opinion, and are likely not to be current. As markets change continuously, previously published information and data may not be current and should not be relied upon.
The Company does not review, screen or edit messages posted on AVAIA on a consistent basis. At times editorial contributions may not be completely screened before posting. Nonetheless, the Company reserves the right to monitor or remove any information transmitted or received through these sites, at any time, without notice, in its sole discretion. Further, the Company may post editorials from visitors and commentators on this site. The views and opinions of these authors and/or broadcast guests may not reflect the views and opinions of the Company. They are posted or aired for informational purposes only.
The Site and all services offered through the Site are provided for informational purposes only and no content included in these sites is intended for trading or investing purposes.
The Company is NOT responsible for the content of AVAIA forums, chat, or contributed editorials.
YOU should do your own research and make your own investigation before making ANY financial decision.
The Site, the materials on the Site, and any product or service obtained or accessed through the Site are provided "as is" and without representations or warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, AVAIA, its officers, directors, employees, affiliates, suppliers, advertisers, and agents disclaim all warranties, express, implied or statutory, including, but not limited to, implied warranties of title, non-infringement, merchantability, and fitness for a particular purpose, and all warranties relating to the adequacy, accuracy or completeness of any information on the Site. Applicable law may not allow the exclusion of implied warranties, so the above exclusions may not apply to you. AVAIA and its affiliates, suppliers, agents and sponsors do not warrant that your use of the Site will be uninterrupted, error-free, or secure, that defects will be corrected, or that the Site or the server(s) on which the Site is hosted are free of viruses or other harmful components. You acknowledge that you are responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed to access and use the Site, and all charges related thereto. You assume total responsibility and risk for your use of the Site and your reliance thereon. No opinion, advice, or statement of AVAIA or its affiliates, suppliers, agents, members, or visitors, whether made on the Site or otherwise, shall create any warranty. Your use of the Site and any materials provided through the Site is entirely at your own risk.
A possibility exists that the Site could include inaccuracies or errors, or materials that violate these Terms of Use (specifically, the Code of Conduct). Additionally, a possibility exists that unauthorized alterations could be made by third parties to the Site. Although we attempt to ensure the integrity of the Site, we make no guarantees as to the Site's completeness or correctness. In the event that such a situation arises, please contact us at help@avaresearch.com with, if possible, a description of the material to be checked and the location (URL) where such material can be found on the Site, as well as information sufficient to enable us to contact you. We will try to address your concerns as soon as reasonably practicable. For copyright infringement claims, see the section on "Claims of Copyright Infringement" above.
Limitation of Liability. Neither AVAIA, its founder, employees, nor its affiliates, suppliers, advertisers, affiliates, or agents or sponsors are responsible or liable for any indirect, incidental, consequential, special, exemplary, punitive or other damages under any contract, negligence, strict liability or other theory arising out of or relating in any way to the Site and/or content contained on the Site, or any product or service purchased through the Site. Your sole remedy for dissatisfaction with the Site and/or content contained within the Site is to stop using the Site. The sole and exclusive maximum liability to company for all damages, losses, and causes of action (whether in contract, tort (including, without limitation, negligence), or otherwise) shall be the total amount paid by you, if any, to access the Site.
Indemnification. You agree to indemnify, defend and hold AVAIA, its employees, our officers, directors, employees, agents, representatives, and guest contributors harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees), or other expenses that arise directly or indirectly out of or from (a) your breach of this Agreement, including any violation of the Code of Conduct above; (b) any allegation that any materials that you submit to us or transmit to the Site infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or (c) your activities in connection with the Site or any services related to the Site.
Miscellaneous. This Agreement is governed by and construed in accordance with the laws of the State of Texas, United States of America, without regards to its principles of conflicts of law. You agree to personal jurisdiction by the federal and state courts located in Dallas, Texas, United States of America, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This Agreement is not assignable, transferable or sub-licensable by you except with our prior written consent. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. This, together with all AVAIA policies referred to herein, constitutes the entire Agreement between us relating to the subject matter herein and supersedes and any all prior or contemporaneous written or oral Agreements between us.
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