Terms & Conditions
If you use this website (“the company Website”) you agree to be bound by these terms and conditions. If you do not accept these terms and conditions you should not use the company Website. The use of the company Website is subject to the terms and conditions stated herein by Avenue Financial. Use of the Web Site constitutes an agreement by you, the user, that your use is governed by these terms and conditions.
In these terms and conditions, “we” and “us” means Avenue Financial.
2. Access to the company Website
The information provided by us on the company Website is not in any way an invitation or recommendation to buy any products or services listed and you should seek expert independent advice. We will endeavour to allow uninterrupted access to the company Website, but access to the company Website may be suspended, restricted or terminated at any time.
3. Website contents
We reserve the right to change, modify, substitute or remove without notice any information on the company Website from time to time. We assume no responsibility for the contents of any other websites to which the company Website has links.
4. Intellectual Property
The material contained in the company Website, including but not limited to the company Website design, text and graphics, and all underlying source code and software is copyrighted and belongs to Avenue Financial or the providers of such information. All rights are reserved. None of this material may be reproduced or redistributed without our prior written permission. You may, however, download or print a single copy for your own non-commercial off-line usage. Logos, names, images and trademarks on the company Website are proprietary rights of Avenue Financial and/or their respected owners. Nothing on the company Website confers on any user the right to use any such logo, name, image or trademark. You shall retain ownership of all copyright in data you submit to the company Website. You grant us a world-wide exclusive, royalty-free, non-terminable licence to use, copy, distribute, publish and transmit such data in any manner.
5. Products and Services Terms and Conditions
The content of the company Website does not constitute an offer by us to sell products and services. Your application to purchase a product or service represents an offer by you that we may accept or reject depending on the terms and conditions of that product or service. After you make an application through the company Website to purchase a product or service, on the basis that the product or service is available to you and your offer is accepted, you will receive confirmation of your purchase. The information on the company Website does not necessarily represent complete details of all terms, conditions and exclusions and the precise cover provided will be included in the related documents issued to you. If you apply for any product or service detailed on the company Website, these terms and conditions of use should be read in conjunction with any other terms and conditions relating to that product or service and, in the event of any conflict between these terms and conditions and the specific product or service terms and conditions, the latter shall prevail. Prices and details of products and services if posted on the company Website are subject to change without notice. All products and services are subject to availability and we give no guarantee in this regard.
6. Data submitted by users
We accept no liability for data supplied by any user for display on the company Website and the limitations in condition 12 apply. If you submit data for display on the company Website you are responsible for ensuring that the data is accurate, complete and up to date and for updating that data where necessary. If you submit data for display on the company Website you are responsible for ensuring that no data is uploaded or submitted which is untrue, defamatory, obscene or abusive or otherwise objectionable or in breach of any applicable laws or rights of third parties. You warrant that you have taken all reasonable precautions to ensure that any data you upload or otherwise submit to the company Website is free from viruses and anything else which may have a contaminating or destructive effect on any part of the company Website or any other technology. We reserve the right (without limiting our rights to seek other remedies) to remove offending material placed on the company Website that we consider to constitute a misuse of the company Website or which is otherwise harmful to other users of the company Website. You will indemnify us for any claim or loss (including without limitation, economic loss) suffered by us arising out of your failure to observe any of the terms of this condition 6. Subject to the Contracts (Rights of Third Parties) Act 1999 condition 7.5 may be enforced by the following people in their own right: (a) any third party with whom we contract for content or advertising; and (b) our employees or agents.
7. Use of Personal Information
We may terminate your access to the company Website and the services within it at any time. All disclaimers, indemnities and exclusions in these terms and conditions shall survive termination of the agreement between us for any reason.
9. Telephone Calls and Emails
Telephone calls using numbers provided on this Website and email correspondence with us as a result of your use of the company Website may be recorded or monitored. By using these communication methods you are consenting to these activities occurring.
If any provision of these terms and conditions is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed and the validity and enforceability of the remaining provisions of these terms and conditions shall not be affected. We may modify these terms and conditions at any time by publishing the modified terms and conditions on the company Website. Any modifications shall take effect on the date they have been published on the company Website. If you breach these terms and conditions and we do not take action against you immediately we are still entitled to enforce our rights in respect of that breach or any subsequent breach.
11. DISCLAIMER OF WARRANTIES
THIS WEBSITE IS PROVIDED BY US ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. FULLY PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM US ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE FURTHER DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES: (A) THAT SERVICE WILL BE CONTINUOUS, UNINTERRUPTED AND/OR ERROR-FREE; (B) CONCERNING THE QUALITY, CREDITWORTHINESS, IDENTITY OR RELIABILITY OF ANY BUYER OR SELLER AND WHETHER ANY PARTY OR ACCOUNT SHOULD DO BUSINESS WITH ANY BUYER OR SELLER; (C) AS TO THE ACCURACY OF POSTINGS OF BIDS OR OFFERS MADE ON THE SYSTEM BY OR ON BEHALF OF ANY PARTY OR AN ACCOUNT; AND (D) AS TO THE PERFORMANCE OF ANY SERVICE BY ANY AGENT RELATED TO TRANSACTIONS ON THIS SITE. WE DO NOT GUARANTEE THE ACCURACY OF OR PROMOTE OR ENDORSE ANY INFORMATION POSTED ON THE SYSTEM BY ANY PARTICIPANT OR USER. THE EXCHANGE EXPRESSLY DISCLAIMS ANY RESPONSIBILITY TO SCREEN, FILTER OR MONITOR THE CONTENT OF THE SYSTEM OR LINKS TO OTHER WEB SITES. NOTWITHSTANDING THE ABOVE, WE MAY TAKE ANY ACTION WITH RESPECT TO ANY INFORMATION POSTED ON THE SYSTEM AS IT DEEMS NECESSARY OR APPROPRIATE IN ITS SOLE DISCRETION. WE SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
12. Limited Liability
WE USE REASONABLE MEASURES TO ENSURE THAT THE DATA AND INFORMATION ON THE COMPANY WEBSITE IS ACCURATE. WE DO NOT MONITOR, VERIFY OR ENDORSE INFORMATION SUBMITTED BY THIRD PARTIES FOR POSTING ON THE COMPANY WEBSITE AND YOU SHOULD BE AWARE THAT SUCH INFORMATION MAY BE INACCURATE, INCOMPLETE OR OUT OF DATE. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES AND REPRESENTATIONS (WHETHER EXPRESS OR IMPLIED) AS TO THE ACCURACY OF ANY INFORMATION CONTAINED ON THE COMPANY WEBSITE. WE DO NOT GUARANTEE THAT THE COMPANY WEBSITE WILL BE FAULT FREE AND DO NOT ACCEPT LIABILITY FOR ANY ERRORS OR OMISSIONS. DUE TO THE NATURE OF ELECTRONIC TRANSMISSION OF DATA OVER THE INTERNET, AND THE NUMBER OF USERS BY WHOM DATA IS POSTED ON TO THE COMPANY WEBSITE, ANY LIABILITY WE MAY HAVE FOR ANY LOSSES OR CLAIMS ARISING FROM AN INABILITY TO ACCESS THE COMPANY WEBSITE, OR FROM ANY USE OF THE COMPANY WEBSITE OR RELIANCE ON THE DATA TRANSMITTED USING THE COMPANY WEBSITE, IS EXCLUDED TO THE FULLEST EXTENT PERMISSIBLE BY LAW. IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT LOSS, CONSEQUENTIAL LOSS, LOSS OF PROFIT, DATA, REVENUE, BUSINESS OPPORTUNITY, ANTICIPATED SAVINGS, GOODWILL OR REPUTATION WHETHER IN CONTRACT, TORT OR OTHERWISE ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR USE OF THE COMPANY WEBSITE SAVE WHERE SUCH LIABILITY CANNOT BE EXCLUDED BY LAW. WE DO NOT GIVE ANY WARRANTY THAT THE COMPANY WEBSITE IS FREE FROM VIRUSES OR ANYTHING ELSE WHICH MAY HAVE A HARMFUL EFFECT ON ANY TECHNOLOGY.
13. Jurisdiction and Governing law
Unless otherwise specified the products and services described on this Website are available only to Canadian residents. The information on this Website is directed only at Canadian residents and may not comply with laws of any other country and any person who accesses this Website from outside of Canada is responsible for compliance with local laws, if applicable. These terms and conditions shall be governed by and construed in accordance with Canadian law. Any disputes shall be subject to the exclusive jurisdiction of the Canadian courts, to which both parties submit.