PLEASE CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS FOR THE AVISTONE.COM WEBSITE (THIS “WEBSITE”). BY ACCESSING THIS WEBSITE YOU AGREE TO THE TERMS AND CONDITIONS OUTLINED BELOW. FROM TIME TO TIME CHANGES TO THE TERMS AND CONDITIONS WILL BE INCORPORATED AND POSTED TO THIS WEBSITE. BY ACCESSING THIS WEBSITE, YOU AGREE WITH THE TERMS AND CONDITIONS.
Unauthorized use of this Website and systems of Avistone, LLC (“Avistone”), including, but not limited to unauthorized entry into Avistone’s systems, misuse of passwords, or misuse of any information posted to a site, is strictly prohibited. You acknowledge that Avistone may disclose and transfer any information that you provide through this Website as described in the “Privacy & Security” section. Use of this Website may be monitored. Based on your use of this Website, you consent to such monitoring.
Web Content and Materials
The information on this Website is believed to be reliable, but Avistone does not warrant its completeness, timeliness, or accuracy and expressly disclaims liability for errors or omissions in the materials and information. ANY DATED INFORMATION IS PUBLISHED AS OF ITS DATE ONLY, AND Avistone DOES NOT UNDERTAKE ANY OBLIGATION OR RESPONSIBILITY TO UPDATE OR AMEND ANY SUCH INFORMATION. Avistone and its suppliers or affiliates may discontinue or make changes in the information and materials contained in this Website – and the terms and conditions of the access to and use of such information and materials – without notice and liability to you.
Products and services described, as well as associated fees, charges, interest rates, and balance requirements, may differ among geographic locations. Not all products and services are offered at all locations. Eligibility for particular products or services is subject to determination by and approval of Avistone. Products and services described in this Website are subject to the terms and conditions of the applicable agreement for each such product and service. You agree that (i) you will not engage in any activities related to the Website that are contrary to applicable law, regulation, or the terms of any agreements you may have with Avistone, and (ii) in circumstances where locations of the Website require identification for process, you will establish reasonable security procedures and controls to limit access to your password or other identifying information to authorized individuals.
AVISTONE RESERVES THE RIGHT TO TERMINATE ANY OR ALL WEBSITE OFFERINGS OR TRANSMISSIONS WITHOUT PRIOR NOTICE TO THE USER. FURTHERMORE, BY OFFERING THIS WEBSITE AND INFORMATION, PRODUCTS, OR SERVICES VIA THIS WEBSITE, NO DISTRIBUTION OR SOLICITATION IS MADE BY AVISTONE TO ANY PERSON TO USE THE WEBSITE OR SUCH INFORMATION, PRODUCTS, OR SERVICES IN JURISDICTIONS WHERE THE PROVISION OF THE WEBSITE AND SUCH INFORMATION, PRODUCTS, OR SERVICES IS PROHIBITED BY LAW.
Potential Disruption of Service Access to the Website may from time to time be unavailable, delayed, limited, or slowed due to, among other things: hardware failure, including among other things failures of computers (including your own computer), servers, networks, telecommunication lines and connections, and other electronic and mechanical equipment; software failure, including among other things, bugs, errors, viruses, configuration problems, incompatibility of systems, utilities, or applications, the operation of firewalls or screening programs, unreadable codes, or irregularities within particular documents or other content; overload of system capacities; damage caused by severe weather, earthquakes, wars, insurrection, riots, civil commotion, act of God, accident, fire, water damage, explosion, mechanical breakdown, or natural disasters; interruption (whether partial or total) of power supplies or other utility of service; strike or other stoppage (whether partial or total) of labor;governmental or regulatory restrictions, exchange rulings, court or tribunal orders, or other human intervention; or any other cause (whether similar or dissimilar to any of the foregoing) whatsoever beyond the control of Avistone.
LIMITATION OF LIABILITY BECAUSE OF THE POSSIBILITY OF HUMAN AND MECHANICAL ERROR AS WELL AS OTHER FACTORS, THE WEBSITE (INCLUDING ALL INFORMATION AND MATERIALS CONTAINED ON THE WEBSITE) IS PROVIDED “AS IS,” “WHERE IS,” AND “AS AVAILABLE,” WITH NO WARRANTIES OR REPRESENTATIONS REGARDING THE WEBSITE. AVISTONE DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND WITH REGARD TO THE WEBSITE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, FREEDOM FROM VIRUSES OR OTHER HARMFUL CODE, OR FITNESS FOR ANY PARTICULAR PURPOSE. FURTHER, AVISTONE WILL NOT BE LIABLE FOR ANY DELAY, DIFFICULTY IN USE, INACCURACY OF INFORMATION, COMPUTER VIRUSES, MALICIOUS CODE, OR OTHER DEFECT IN THIS WEBSITE, OR FOR THE INCOMPATIBILITY BETWEEN THIS WEBSITE AND FILES AND THE USER’S BROWSER OR OTHER SITE-ACCESSING PROGRAM. NOR WILL AVISTONE BE LIABLE FOR ANY OTHER PROBLEMS EXPERIENCED BY THE USER DUE TO CAUSES BEYOND AVISTONE’S CONTROL. NO LICENSE TO THE USER IS IMPLIED IN THESE DISCLAIMERS.
AVISTONE IS NOT RESPONSIBLE FOR ANY LOSS, PROPERTY DAMAGE, OR BODILY INJURY IN CONNECTION WITH ACCESS TO, USE OF, OR INABILITY TO USE THIS WEBSITE. UNDER NO CIRCUMSTANCES WILL AVISTONE BE LIABLE FOR ANY LOST PROFITS, LOST OPPORTUNITY OR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF ANY USE OF OR INABILITY TO USE THE WEBSITE OR ANY PORTION THEREOF, REGARDLESS OF WHETHER AVISTONE HAS BEEN APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE. NOTHING HEREIN SHALL BE CONSTRUED AS LIMITING OR REDUCING AVISTONE’S RESPONSIBILITIES AND OBLIGATIONS TO CLIENTS IN ACCORDANCE WITH APPLICABLE LAWS AND REGULATIONS.
Enforceability and Governing Law
In the event any of the terms or provisions of these Terms and Conditions shall be held to be unenforceable, the remaining terms and provisions shall remain in full force and effect. These Terms and Conditions shall be subject to any other agreements you have entered into with Avistone. The laws of the State of California govern the user’s access to and use of the tstreetcapital.com Website and the terms of this disclaimer.
The works of authorship contained in this Website, including, but not limited to all design, text, sound recordings, and images, are owned, except as otherwise expressly stated, by Avistone or one of its subsidiaries or affiliates. Except as otherwise expressly stated, they may not be copied, displayed, performed, distributed, licensed, framed, downloaded, modified, published, reposted, sold, transmitted, stored for subsequent use, or otherwise used in whole or in part in any manner without the prior written consent of Avistone. The exception is the extent permitted by the Copyright Act of 1976 (17 U.S.C. § 107), as amended, and then only with notices of Avistone’s proprietary rights; provided that you may download information and print out hard copies for your personal use, so long as you do not remove any copyright or other notice as may be contained in information, as downloaded.
The “Avistone” logo and “Smart Capital” tagline are trademarks of Avistone. Other featured words or symbols, used to identify the source of goods and services, may be the trademarks of their respective owners.