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Copyright 2023 Avenir Law, All rights reserved.

TERMS OF USE

As of January 1, 2023

 

Avenir Guild LLC (referred to as “Avenir Guild”, “us”, “our”, or “we”) operates a members’ only platform through which it connects members with resources to support member’s legal practices and personal lives. Those services, products, and other resources which are provided by us are referred to as “Services.” 

 

These Terms and Conditions (the “Terms”), describe the specifications, conditions, and terms on which any member, browser, or other user (referred to herein as “you”, “your”, or a “User”) of Avenir Guild may access, browse, use, or make a purchase on or through the Website, https://www.avenirguild.com/ (the “Website”), including without limitation services or products provided by persons identified by, but unaffiliated with, Avenir Guild. Any use of the Website is conditioned upon your acceptance of all of the policies and notices stated herein.

 

PLEASE READ THESE TERMS CAREFULLY AS THEY CONTAIN VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MAY BE APPLICABLE. YOU SHOULD ALSO CAREFULLY REVIEW AVENIR GUILD’S PRIVACY POLICY BEFORE USING THIS WEBSITE OR ENGAGING WITH ANY SERVICES OR RESOURCES (DEFINED BELOW).

 

BY USING THE WEBSITE AND/OR ENGAGING WITH ANY OF THE SERVICES OR RESOURCES YOU AGREE TO BE BOUND BY THESE TERMS. DO NOT USE THE WEBSITE OR ENGAGE WITH THE SERVICES OR RESOURCES IF YOU (A) DO NOT AGREE TO THESE TERMS; OR (B) ARE PROHIBITED FROM ACCESSING OR USING THE WEBSITE AND/OR ENGAGING WITH ANY SERVICES OR RESOURCES BY APPLICABLE LAW.

 

Any new features, tools, resources, or other offerings which are later added to the Website, shall also be deemed “Services” and shall be subject to these Terms. You can review the most current version of the Terms at any time on this page. Avenir Guild reserves the right to update, change, or replace any part of these Terms at any time by posting updates and/or changes at its sole discretion. It is your responsibility to check this page periodically for changes. Your continued use of, or access to, the Website following the posting of any changes to these Terms constitutes acceptance of those changes.

 

  1. Eligibility and User Accounts; Membership and Payments

 

Eligibility and User Accounts:

 

If you are a lawyer, law student, or paralegal then you may create an account (“”) and sign up for a membership to the Website. To create your User Account, you must provide your name, a valid e-mail address, and such other information as you input on the Website (collectively, your “ ”).

 

You represent and warrant that at all times (a) the information that you provide to Avenir Guild and any Provider will be true, accurate, current, and complete; and (b) you will keep your User Account up-to-date. Avenir Guild is not responsible for any damages that arise directly or indirectly from any error or omission made by you when entering or maintaining your Personal Information or making a purchase or obtaining any service from a Provider.

 

You shall be responsible for (a) all activities that transpire on or with your User Account; and (b) damages that arise directly or indirectly from any act or omission made by you or that would be deemed a violation of these Terms. It shall be your sole responsibility to notify Avenir Guild immediately if you notice any unauthorized access or use of your User Account, or any other breach of security of your personal data. Avenir Guild shall not be held liable for any losses and/or damages arising from any failure to comply with this paragraph.

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Membership:

 

In order to become a member, you will pay an annual membership fee then in effect (the “”). The Membership Fee shall be displayed on the Website and is subject to change at any time in the sole discretion of Avenir Guild. Users must pay the Membership Fee electronically by way of a valid credit, debit card, or payment service (“”) through the Website’s payment portal. Each membership will initially last the duration of one (1) year from the date that you create your User Account and pay your Membership Fee. Users will not be able to cancel their memberships before the end of their initial Subscription Term (defined below). Your membership will renew automatically and you will be charged the then current Membership Fee unless you provide express, written notice to us of your intention to un-subscribe at least thirty (30) day prior to the end of that Subscription Term. (Each of these periods is referred to individually and collectively as the “ ”) To provide notice, please reach out to Avenir Guild through the e-mail address provided herein. Should Avenir Guild, in its sole discretion, decide to refund or credit you on any amounts paid, that refund or credit shall constitute its entire, sole, and exclusive liability, and your sole and exclusive remedy. If you do not pay an amount owed when due, or your Payment Method continuously fails, Avenir Guild will cancel your membership, inform Providers that you are no longer a member, and initiate collection procedures for any outstanding Membership Fees. You agree to pay Avenir Guild’s cost of collection, including without limitation, any reasonable attorney’s fees.

 

If you are unsatisfied with the Services, please contact Avenir Guild directly. Avenir Guild aims to respectfully respond to all questions, comments, and concerns regarding User satisfaction and any related or resulting disputes. Please also see the Arbitration Section below for more information.

 

Avenir Guild strives to display accurate Membership Fees; however, there may, on occasion, be inadvertent typographical errors, inaccuracies, or omissions (“”) related to pricing. Avenir Guild reserves the right to correct any Errors at any time and to cancel any payments arising from such occurrences.

 

2.  Resources

 

Members will directly or indirectly connect members with individuals, organizations, and businesses (“”) that offer, sell, or provide services, products, and other resources (“”). In some cases, a Provider may connect a member with individuals, organizations, and businesses (also deemed a Provider) that offer, sell, or provide services, products, and other resources (also deemed Resources).

 

Some Resources will be offered, sold, or provided at a discount to prices, or on more favorable terms, than those offered to the general public (“”). The amount and value of any given Promotion at any given time is subject to change without notice at the discretion of the relevant Provider. Promotions may also affect the Membership Fee.

 

You may reach websites maintained by, and you may receive Resources offered, sold, or provided by Providers. Providers, and their respective websites, offers, products, and services, are not under our ownership, operation or control. Providers are individuals, organizations, and businesses that are not owned by, affiliated with, or under the control of, Avenir Guild. Providers operate their respective websites and businesses subject to different security protocols, privacy policies, and terms and conditions than the ones found on this Website. Links or references to Providers that are located on our Website or are made available to you through any communication by us to you do not constitute an endorsement by us of the content of their websites, their business practices, or any of their offers, services, or products. We are not responsible for examining or evaluating, and we do not warrant or claim responsibility in any way for, the offers, products, services, or business practices of any Provider, or the content of their websites.

 

The Website may feature materials, information, including but not limited to, articles, press clippings, opinions, advice, statements, services, offers, or other information created or made available by Providers (“”). Avenir Guild makes no representation with respect to, nor does it guarantee or endorse, the quality, non-infringement, accuracy, completeness, timeliness, or reliability of such Third Party Content.

 

You should contact Providers or the administrator of those websites providing Resources or Third Party Content if you have any concerns regarding Resources or Third Party Content. Avenir Guild is not responsible for any Resources or Third Party Content or the acts or omissions of Providers or of those individuals and/or businesses that provide Third Party Content. Similarly, Avenir Guild does not make any representations regarding Resources or Third Party Content. Any information regarding Resources or Third Party Content found on the Website and/or referenced in the Services does not imply that Avenir Guild endorses or accepts any responsibility or liability for such Resources or Third Party Content, or vice versa. If you decide to acquire or avail yourself of any Resource or Third Party Content, you do so at your own risk.

 

3.  General Conditions of Use

 

By agreeing to these Terms and using Avenir Guild’s Website and/or the Services, you represent (a) that you are at least eighteen (18) years of age or older, (b) if you indicate in your Personal Information that you are a lawyer, that you are a lawyer in good standing in the jurisdiction(s) indicated in your Personal Information, (c) if you indicate in your Personal Information that you are a law student, that you are currently enrolled in a duly accredited law school located in the United States or the United Kingdom, and (d) if you indicate that you are a paralegal, that you have all necessary or required licenses to provide paralegal services in those jurisdictions where you are required to have such licenses. You also agree that at such time as none of the above representations are true that (i) you will immediately notify us of such fact, and (ii) your membership in Avenir Guild will end effective as of the date the relevant representation ceased to be true.

 

You may not use the Website or the Services or Resources for any illegal or unauthorized purpose, including a violation of any laws, rules, or regulations in your jurisdiction. You also represent and warrant that you are using the Website, the Services, and the Resources solely for your own personal use. You agree not to make use of the Website the Services, or the Resources for the purpose of any harmful or deceitful conduct, including but not limited to: (a) causing harm to minors in any manner whatsoever; or (b) impersonating any individual or entity, or otherwise misrepresenting any affiliation with an individual or entity.

 

4.  Termination or Suspension

 

You agree that Avenir Guild may, without any prior notice, immediately suspend, terminate, discontinue and/or limit your use of the Website, the Services, and Resources in its sole discretion, for any reason, including but not limited to:

 

  • any breach or violation of these Terms or any other incorporated agreement, regulation, or guideline;

 

  • by way of request from law enforcement or any other governmental agencies;

 

  • the discontinuance, alteration, or material modification to the Website, Services, or Resources or any part thereof;

 

  • any engagement by you in any fraudulent, misleading, or illegal activities; and/or

 

  • the non-payment of any Membership Fees that may be owed by you.

 

Furthermore, you agree that any and all terminations, suspensions, discontinuances, and/or limitations of your access to the Website, Services, or Resources shall be made in Avenir Guild’s sole discretion and that Avenir Guild shall not be liable to you or any other third party regarding access to the Website, Services, or Resources.

 

Right of Refusal: Avenir Guild reserves the right to immediately terminate or refuse access to the Website, Services, and Resources to anyone, for any reason, including but not limited to, any breach or violation of these Terms, at any time in its own discretion. Avenir Guild reserves the right, but does not have any obligation, to pre-screen, refuse, and/or delete any content, information, Resources or Third Party Content available on or through the Website, Services, or Resources. In addition, Avenir Guild reserves the right to remove and delete any such content or information that would violate these Terms, or which would otherwise be considered offensive. 

 

5.  Communications

 

You consent to receiving communications from Avenir Guild, including but not limited to, e-mails, text messages, and/or calls regarding the Services; updates and modifications to the Website; the marketing of Avenir Guild’s and/or another third party’s products or services; advertisements; and any other relevant information. You agree and acknowledge that your engagement with any content on the Website or found through your engagement with the Services or Resources may be shared with others in accordance with our Privacy Policy and these Terms.

 

6.  Accuracy, Completeness, and Timeliness of Information

 

Avenir Guild shall not be held responsible if information made available on the Website is not accurate, complete, or current. For clarity, you are relying on any information found on the Website at your own risk.

 

Avenir Guild reserves the right, but has no obligation, to (a) modify or update the Website, or any content available therein in whole or in part; or (b) discontinue or amend the Services or Resources, or any portion thereof, without notice at any time for any reason. You agree that it is your responsibility to monitor the Website for any changes that may occur on the Website or in connection with the Services or Resources. Avenir Guild shall not be liable to you or any third party for any modification, update, price change, suspension, discontinuance, or results of the Services or Resources, or any information, services, or products made available through the Website.

 

7.  Intellectual Property & Proprietary Rights

 

Avenir Guild owns, solely and exclusively, all right, title, and interest in and to the Services and the Website, including all content, trademarks, software code, data, the look, feel, design and organization of the Website, and the compilation of the content, code, data, and materials on the Website, including but not limited to, any intellectual property and/or proprietary rights.

 

Avenir Guild reserves all rights in and to its intellectual property not granted expressly in these Terms. You acknowledge and agree that you will not sell, distribute, transmit, broadcast, publicly perform and/or create any plagiaristic works which are based on Avenir Guild’s Website, in whole or in part.

 

For clarity, Avenir Guild has granted you a personal, non-transferable, non-exclusive right and license to make use of the Website and the Services as long as you do not, and shall not, allow any third party to duplicate, create, or plagiarize work from, reverse engineer, or otherwise make an attempt to sublicense, sell, assign, grant a security interest in, and/or otherwise transfer any such right.

 

If you post, upload, or make available any, information, data, text, files, communications, or other materials regarding the Website and your use of the Services on the Website and/or any other website, blog, article, podcast, or social media website (“Your Content”), you hereby grant Avenir Guild a perpetual, non-exclusive, irrevocable, royalty-free, sub-licensable, transferable (in whole or part), worldwide license to use, reproduce, transmit, display, exhibit, distribute, index, comment on, modify, create derivative works based upon, perform, or otherwise exploit Your Content including your name, image, voice, likeness and/or other biographical information or materials in connection with Your Content, in whole or in part, in all media formats and distribution methods now known or hereafter devised in connection with the Website and/or the Services, including but not limited to, advertising, promoting, and marketing the Website or the Services, all without further notice to you, with or without attribution, without limitation as to frequency, and without the requirement of any permission from or payment to you or to any other person or entity. You waive any right to inspect or approve any such use of Your Content. You waive all moral rights to Your Content, which may be available to you in any part of the world and confirm that no such rights have been asserted. None of Your Content will be subject to any obligation on Avenir Guild’s part, whether of confidentiality, attribution, or otherwise, and we will not be liable for any use or disclosure of Your Content.

 

8.  Ratings and Reviews

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You may have the option to provide a rating and/or review of the Services (“”). Any Feedback you leave must reflect your honest experience with the Services and the Website. Avenir Guild may remove Feedback for any reason, at any time, without notice. Avenir Guild, in its sole discretion and for any reason, may also deny permission to any specific User to leave Feedback.

 

You agree not to make or communicate to any person or entity, in any media or public forum, including any social media network, any comments or statements (written or oral) that intentionally or unintentionally would, or is reasonably certain to, disparage, create a negative impression of, or is detrimental to the reputation of Avenir Guild, including any of its employees or contractors, or the Services associated therewith.

 

9.  Disclaimer of Warranties

 

YOU AGREE TO USE THE WEBSITE, THE SERVICES, AND RESOURCES AT YOUR SOLE RISK. ALL SERVICES, PRODUCTS, AND INFORMATION OFFERED DIRECTLY OR INDIRECTLY ON AND/OR THROUGH THE WEBSITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY FROM AVENIR GUILD WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY: (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.

 

10.  Limitation of Liability

 

IN NO EVENT SHALL AVENIR GUILD BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT AVENIR GUILD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.

 

OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT YOU PAID IN MEMBERSHIP FEES.

 

Data Privacy: You understand that the use of third party servers may involve the transmission of your data over networks that are not owned, operated, or controlled by Avenir Guild, and that Avenir Guild is not responsible for any of your lost, altered, or intercepted data, or your data that is stored across any such network. Avenir Guild cannot guarantee that its security procedures will be error-free or that the transmission of data will always be secure.

 

11.  No Professional Advice

 

The information provided on the Website and through the Services does not, and is not intended to, constitute legal, tax, investment, or financial advice. Instead, all information, content, and materials available are for general informational purposes only.

 

Nothing on this Website or provided through the Services constitutes professional and/or financial advice, nor does any information constitute a comprehensive or complete statement of the matters discussed or the law relating thereto. You alone assume the sole responsibility of evaluating the merits and risks associated with the use of any information from the Services or found on the Website.

 

For the avoidance of doubt, Avenir Guild is not an employee, manager, lawyer, accountant, business operations manager, financial analyst, business executive, or other agent of you or your business.

 

12.  Wireless and Location-Based Features; Social Media Plug-ins

 

Data Sharing. By using the Website, you affirmatively consent that Avenir Guild may use and share your video and image viewing data with third parties until consent is withdrawn. Avenir Guild may track your use for its research, analytics, or ad serving purposes. It may share the above information with companies that displays ads to you, collect and analyze information, or to social networks.

 

Wireless Features. The Website may offer certain features that are available to you via your wireless device. These features may include the ability to access the Website, upload content, receive messages, and download applications to your wireless device (collectively, “Wireless Features”). Your carrier may prohibit or restrict certain Wireless Features and certain Wireless Features may be incompatible with your carrier or wireless device. In addition, your carrier may charge you for standard messaging, data, and other fees to participate in Wireless Features. Avenir Guild has no responsibility or liability for any fees or charges you incur when using Wireless Features.

 

Terms of Wireless Features. If you register for any Wireless Features then you agree that, in connection with those Wireless Features, we may send communications to your wireless device regarding us or other parties. Further, we may collect information related to your use of the Wireless Features in accordance with our Privacy Policy. If you have registered via the Website for Wireless Features, then you agree to notify us of any changes to your wireless contact information (including phone number) and update your accounts on the Website to reflect any changes.

 

Location-Based Features. When you use one of our location-enabled features, we may collect and process information about your actual location. If you have enabled GPS, geo-location or other location-based features on a device, you acknowledge that your device location may be tracked and may be shared with others consistent with our Privacy Policy.

 

In addition, where the Website collects precise information about the location of your device, it may be used to provide requested location services, and it may be used, amongst other uses, to allow tagging or to check-in.

 

Your browser features should allow for you to disable the location-based features or manage preferences related to them. The location-based services offered in connection with the Website are for individual use only and should not be used or relied on as an emergency locator system, used while driving or operating vehicles, or used in connection with any hazardous environments requiring fail-safe performance, or any other situation in which the failure or inaccuracy of use of the location-based services could lead directly to death, personal injury, or severe physical or property damage. The location-based services are not suited or intended for family finding purposes, fleet tracking, or any other type of business or enterprise use.

 

Social Media Plug-Ins. Social media plug-ins of social networks such as Facebook, Twitter, Instagram, and Google (among others) may be integrated on the Website. If you choose to click on one of these buttons or links on the Website, your browser will connect directly to the servers of the relevant social network. The social network directly transmits the content of the plugin to your browser. If you are registered on the relevant social network and logged into your respective account the social network receives the information that the web page was used by you. If you are not registered with the social network or you are logged out before you use the Website, there is the possibility that at least your IP address will be submitted to and stored by the social network. If you interact with us through a social media Website, plug-in, etc., then you may be enabling us to have ongoing access to certain information from your social network profile (such as your name, social networking id page, e-mail address, photo, gender, location, the people and/or businesses you follow, etc.).

 

If you don’t want a social network to collect the information about you described above, or to share it with us and other third parties, please review the privacy policy of the relevant social network and/or log out of the relevant social network before you use the Website. As with other websites, you may be able to delete any existing cookies placed on your computer by the social network via your browser.

 

13.  Arbitration

 

If a controversy or claim should arise, the Parties will be required to resolve and settle such controversy or claim by binding arbitration administered in Boston, MA by the American Arbitration Association (the “AAA”) in accordance with the AAA’s commercial arbitration rules, excluding the rules or procedures governing or permitting class actions, which shall be governed by these Terms. Each of the parties hereby agrees and consents to such venue and waives any objection thereto. The arbitrator shall be selected from a list of arbitrators provided by the AAA following a request by the party seeking arbitration. The written decision of the arbitrator shall be binding and conclusive on the parties. Parties agree that there shall be no pre-arbitration discovery and the arbitrator shall not award punitive damages to either of the Parties. Notwithstanding anything to the contrary contained in this agreement, in the event Avenir Guild is the prevailing party in any arbitration, action, or proceeding to defend or enforce any provision of this agreement (for avoidance of doubt, if Avenir Guild obtains a net monetary recovery or if User is not granted no or only nominal monetary relief, Avenir Guild shall be deemed to have prevailed) Avenir Guild will be awarded attorneys' fees and costs incurred in that arbitration, action, or proceeding, including any collection or enforcement efforts, even if the law provides otherwise. Judgment may be entered in any court having jurisdiction. If a Party does not respond to request to arbitrate, the non-breaching Party may file a claim in court.

 

14.  Class Action Waiver

 

Any arbitration shall be conducted in each Client’s individual capacity only and not as a class action or other representative action. You expressly waive your right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.

 

15.  Notices

 

Avenir Guild may provide notice to you under these Terms by: (a) sending a message to the e-mail address you provided; or (b) by posting directly to the Website. Notices sent by e-mail will be effective on the date the e-mail is sent, and notices that are posted on the Website will be effective upon posting. It is your responsibility to keep your e-mail address current and review any new notices on the Website.

 

To provide Avenir Guild notice under these Terms, you must contact us by e-mail (info@avenirguild.com), personal delivery, overnight courier, or by certified mail. Notice provided by e-mail shall be effective upon being received. Notice provided by personal delivery shall be effective immediately. Notice provided by overnight courier shall be effective one (1) business day after it is sent. Notice provided by certified mail shall be effective three (3) business days after it is sent.

 

16.  Miscellaneous

 

Indemnification. By using the Website or engaging with the Services, you agree to indemnify, defend, and hold harmless Avenir Guild (and its parent, subsidiary, associated and affiliated companies, including each of their respective officers, directors, agents and employees) from and against all damages, costs, reasonable attorney’s fees and expenses based upon, arising out of or in connection with any: (a) breach or alleged breach of any representation or warranty; (b) unauthorized use of your Personal Information, User Account, and/or public profile; or (c) other actual or alleged unauthorized action by Avenir Guild, including without limitation, a breach of any term of this Agreement. The obligation for indemnification shall continue in perpetuity.

 

Privacy Policy. Avenir Guild respects your privacy and is committed to protecting it. To learn more please visit our Privacy Policy available on the Website, which governs the processing of all personal data collected from you in connection with your use of the Website and the Services. You acknowledge and consent to the collection and use of your personal information by Avenir Guild for the purpose of using the Website and/or engaging with the Services.

 

Governing Law and Jurisdiction. This Website is operated from the United States of America. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the Commonwealth of Massachusetts without giving effect to any choice or conflict of law provision or rule. The governing jurisdiction for any dispute shall be the State of Delaware.

 

Severability. If any provision of these Terms is invalid, illegal, void or unenforceable, then that specific provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions herein.

 

Waiver. The failure by Avenir Guild to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Avenir Guild.

 

Force Majeure. Avenir Guild will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, pandemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

 

These Terms and our Website’s Privacy Policy will be deemed the final and integrated agreement between you and Avenir Guild on the matters contained in these Terms. You may also be subject to additional Terms that may apply when you use, connect with another business or individual service provider, or make a purchase through the Website. You acknowledge and agree that these Terms are binding and shall govern the relationship between Avenir Guild and you in connection to the use of the Website and the Services as defined herein.

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Notice to California Users. Under California Civil Code Section 1789.3, California users of our Website are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.

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Notice to New Jersey Clients. If you are residing in New Jersey, the following provisions of these Terms do not apply to you (and do not limit any rights that you may have) to the extent that they are unenforceable under New Jersey law: (a) the disclaimer of liability for any indirect, incidental, consequential, special, exemplary, or punitive damages of any kind (for example, to the extent unenforceable under the New Jersey Punitive Damages Act, New Jersey Products Liability Act, New Jersey Uniform Commercial Code, and New Jersey Consumer Fraud Act; (b) the limitations of liability for lost profits or loss or misuse of any data (for example, to the extent unenforceable under the New Jersey Identity Theft Protection Act and New Jersey Consumer Fraud Act); (c) application of the limitations of liability to the recovery of damages that arise under contract and tort, including negligence, strict liability, or any other theory (for example, to the extent such damages are recoverable by a consumer under New Jersey law, including the New Jersey Products Liability Act); (d) the requirement that you indemnify Avenir Guild (for example, to the extent the scope of such indemnity is prohibited under New Jersey law); and (e) the Delaware governing law provision (for example, to the extent that your rights as a consumer residing in New Jersey are required to be governed by New Jersey law.

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Copyright Infringement Claims. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Services infringe your copyright, you (or your agent) may send to Avenir Guild a written notice by mail, e-mail, or fax, requesting that Avenir Guild remove such material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send to Avenir Guild a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See  http://www.copyright.gov/ for details.

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Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action against Avenir Guild arising out of or related to the use of the Website, the Services, or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

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These Terms and our Privacy Policy shall be deemed the final and integrated agreement between you and Avenir Guild on the matters contained herein. You acknowledge and agree that these Terms are binding and shall govern the relationship between you and Avenir Guild in connection with the use of the Website and the Services.

 

If you have any questions, please contact Avenir Guild directly by e-mail at info@avenirguild.com.

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