USE AGREEMENT / TERMS AND CONDITIONS

Terms and Conditions - Use Agreement

This is an agreement between you, the visitor of Avery & Associates' website (averypi.com), and the owner, Todd Frank Gonzalez Lobdell herein referred to as "owner."

By clicking on, accessing and using the site listed above, you agree to the terms and conditions outlined below. We reserve the right to change, modify, add or remove portions of these terms at any time. If you continue to use and/or access the sites after we have posted changes to the terms, it means you have accepted the new terms.

Although the owner makes a reasonable effort to ensure that information on this web site is accurate, it may contain inaccuracies or typographical errors.  Information may be changed or updated without notice and changes may not always be made promptly.  This web site does not constitute an offer or contract. By accessing our  web sites, you agree to the entire contents and statements herein, and agree to hold the owner his Agents, Employees, and Affiliates harmless from any and all liability.

Copyright / All Reserved

All web-site materials, including, without limitation design, text, graphics, other files, and the selection and arrangement thereof are Copyrighted © 2016-2024.  ALL RIGHTS RESERVED.  Except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of the owner or the respective copyright owner. Permission is granted to display, copy, distribute and download the materials on this Site for personal, noncommercial and informational use only; provided that you may not, without the permission of the owner or the respective copyright owner, (a) copy, publish or post any materials on any computer network or broadcast or publications media, (b) modify the materials or (c) remove or alter any copyright or other proprietary notices contained in the materials.

Licenses and Site Access

The owner grants you a limited license to make personal use only of the Site. Such grant does not include, without limitation: (a) any resale or commercial use of the Site or content therein; (b) the collection and use of any product listings or descriptions; (c) making derivative uses of the Site and its contents; or (d) use of any data mining, robots or similar data gathering and extraction methods. Except as noted above, you are not conveyed any right or license by implication, estoppels or otherwise in or under any patent, trademark, copyright or proprietary right of the owner or any third party.

You may not use, frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including the images found at this Site, the content of any text or the layout/design of any page or form contained on a page) without the owner's express written consent. Further, you may not use any meta tags or any other "hidden text" utilizing the owner's trademarks or product names without the owner's express written consent.

Linking

You are granted a limited, nonexclusive right to create a hyperlink to this Site provided such link does not portray the owner or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner. You may not use a proprietary graphic or trademark of the owner to link to this Site without the express written permission of the owner. This limited right may be revoked at any time.

The owner makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of sites accessible by hyperlink from this Site, or sites linking to this Site. The linked sites are not under the control of the owner, and the owner is not responsible for the content of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. The owner is providing these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by the owner of the site or any information contained therein. When leaving this site, you should be aware that the owner's terms and policies no longer govern, and therefore you should review the applicable terms and policies, including privacy and data-gathering practices, of that site.

User Conduct

In using this Site, you agree:  

Not to disrupt or interfere with the security of, or otherwise abuse, the site, or any services, system resources, accounts, servers or networks connected to or accessible through the Site or affiliated or linked Web sites;  

Not to disrupt or interfere with any other user's enjoyment of the Site or affiliated or linked Web sites;  

Not to upload, post or otherwise transmit through or on this Site any viruses or other harmful, disruptive or destructive files;  

Not to use or attempt to use another's account, service or system without authorization from the owner or create or use a false identity on this Site;  

Not to transmit through or on this Site spam, chain letters, junk mail or any other type of unsolicited mass email to people or entities who have not agreed to be part of such mailings; and  

Not to attempt to obtain unauthorized access to the Site or portions of the Site that are restricted from general access.  

In addition, you agree that you are solely responsible for actions and communications undertaken or transmitted under your account, and that you will comply with all applicable local, state, national and international laws and regulations, including but not limited to United States export restrictions, that relate to your use of or activities on this Site.

Forums and Interactive Areas

This Site may include discussion forums or other interactive areas. Forums and interactive areas shall be used only for noncommercial purposes. By using any forum or interactive areas, you agree not to do any of the following:  

Upload to, distribute or otherwise publish through this Site any message, data, information, text or other material ("Content") that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable.  

Upload or transmit any Content that would constitute or encourage a criminal offense, violate the rights of any party, or would otherwise create liability or violate any local, state, national or international law, including, without limitation, the regulations of the US Securities and Exchange Commission or any rules of any securities exchange such as the New York Stock Exchange, the American Stock Exchange or the Nasdaq.  

Upload or transmit any Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any Content, you represent and warrant that you have the lawful right to distribute and reproduce such Content.  

Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity.  

Without he owner's written permission, distribute or publish unsolicited promotions, advertising or solicitations for funds, goods or services, including junk mail and spam.  

The owner takes no responsibility and assumes no liability for any Content posted or uploaded by you or any third party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. The owner reserves the right but not the obligation to remove any materials it deems objectionable. You agree to hold harmless the owner and its affiliates and parties with whom the owner has contracted for purposes of hosting or maintaining this Site from all claims based upon communications made or materials posted by others or the use by third parties of this Site.

Copyright Policy and Copyright Agent

All images and articles on this site are either the owner's original images and articles, or were obtained with consent from others sources.   The owner has no control over the actions of others and accepts no liability for them.   

It is the owner's policy to respect the copyright and intellectual property rights of others. The owner may remove content that appears to infringe the copyright or other intellectual property rights of others. In addition, the owner may terminate the accounts of users who appear to infringe the copyright or other intellectual property rights of others.

If you believe that the owner or any user of our site has infringed your copyright in any material way, please notify the owner and provide the following information:

A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest.  

An identification of the copyrighted work claimed to have been infringed.  

An identification of the material that you claim is infringing so that we may locate it on the site.  

Your address, telephone number and email address.  

A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent or the law.  

A statement by you that the above information in your Notice is accurate, made under penalty of perjury, and that you are authorized to act on behalf of the owner of the copyright interest involved.  

Indemnification / Hold Harmless Agreement

You shall remain solely liable for the Content of any messages or other information you upload or transmit to the owner, including any discussion forums or interactive areas of this Site. You agree to indemnify and hold harmless the owner from any claim, action, demand, loss or damages (including attorneys' fees) made or incurred by any third party arising out of or relating to your conduct, your violation of these terms and conditions, or your violation of any rights of a third party.

Submissions

You agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, provided by you in the form of email or submissions to the owner or postings on this Site, are non-confidential and shall become the sole property of the owner. The owner shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you. The submission of any materials to the owner, including the posting of materials to any forum or interactive area, irrevocably waives any and all "moral rights" in such materials, including the rights of paternity and integrity.

Disclaimer of Warranties

You understand and agree that this site and the information, services, products and materials available through it are provided on an "as-is" and "as available" basis. You expressly agree that use of this site is at your sole risk without warranty.

To the fullest extent permissible pursuant to applicable law, the owner and its affiliates disclaim all warranties of any kind, either express or implied, including but not limited to any warranties of title, or implied warranties of merchantability or fitness for a particular purpose. No oral or written information provided by the owner or its affiliates, officers, directors, employees, agents, providers, merchants, sponsors, licensors or the like shall create a warranty; nor shall you rely on any such information or advice.

You expressly agree that use of this site, including all content, data or software distributed by, downloaded or accessed from or through this site, is at your sole risk. You understand and agree that you will be solely responsible for any damage to your business or your computer system or loss of data that results from the download of such content, data and/or software.

You acknowledge that the owner does not control in any respect any information, products or services offered by third parties on or through this site.  Except as otherwise agreed in writing, the owner and its affiliates assume no responsibility for and make no warranty or representation as to the accuracy, currency, completeness, reliability or usefulness of content or products distributed or made available by third parties through this site.

The owner assumes no responsibility for any damages suffered by a user, including, but not limited to, loss of data from delays, non-deliveries of content or email, errors, system down time, mis-deliveries of content or email, network or system outages, file corruption or service interruptions caused by the negligence the owner its affiliates, its licensors or a user's own errors and/or omissions.

The owner disclaims any warranty or representation that confidentiality of information transmitted through this web site will be maintained.

Some states do not allow the limitation or exclusion of certain warranties or conditions, so some of the above exclusions may not apply to you.

Limitation on Liability

Under no circumstances, including without limitation negligence, shall the owner or its parents, subsidiaries, affiliates, officers, directors, employees, agents, suppliers or any other party involved in creating, producing, transmitting, or distributing the site or related services be liable for any indirect, incidental, special or consequential damages arising from or in connection with the use or inability to use the site or any content provided by or through this site, or resulting from unauthorized access to or alteration of your transmissions or data, or other information that is sent or received, including but not limited to damages for lost profits, use, data or other intangibles, even if the owner has been advised of the possibility of such damages.

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so some of the above may not apply to you. in such jurisdictions, liability is limited to the fullest extent permitted by law.

Applicable Law

These terms and conditions shall be governed by and construed in accordance with the laws of the State of California, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these terms and conditions shall be filed only in the Superior Court of San Francisco County, California, or the United States District Court for the Northern District of California, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these terms and conditions.

Termination

Notwithstanding any of these terms and conditions, the owner reserves the right, without notice and in its sole discretion, to terminate your license to use this Site, and to block or prevent future access to and use of this Site.

Severability

If any provision of these terms and conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions. 

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