Terms of Use

Dated: February 22, 2023

Thank you for visiting the Avenue Alpha website (“Website”), which is owned and operated by Intellogicali Inc. (“Company”, “we”, “us”, or “our”). This Terms of Use is an agreement that governs access to and use of the Website by each person (“user”, “you”, or “your”).

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE YOU ACCESS OR USE THE WEBSITE. BY ACCESSING OR USING THIS WEBSITE, YOU AGREE TO THE TERMS OF USE AND OUR PRIVACY POLICY, AND VOLUNTARILY AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE TO COMPLY WITH OR BE BOUND BY THE TERMS OF USE OR PRIVACY POLICY, YOU MUST IMMEDIATELY STOP STOP USING AND ACCESSING THE WEBSITE.

1.  License. You are granted a personal, revocable, limited, non-exclusive, non-transferable license to access and use the Website, which is conditioned on your continued acceptance of, and compliance with, these Terms of Use and Privacy Policy. You may use the Website for your noncommercial, personal use only. We reserve the right to prohibit, restrict or suspend any user’s access to the Website, and/or to terminate this license at any time for any reason. 

2. Prohibited Conduct. Your use of the Website is conditioned on your compliance with the following requirements:

(a)   You are prohibited from interfering with, disturbing, or hindering us or any other user from using or enjoying the Website including but not limited to posting or transmitting any information, software or other material that contains a virus, malware, worm, time bomb, or other harmful component.

(b) You are prohibited from disturbing or disrupting any servers, networks, software, or other electronic equipment used for the Website, or disobeying any requirements, procedures, policies, regulations of the networks that we use for the Website.

(c) You are prohibited from using any robot, spider, spyware, or any other software or devices on the Website.

(d) You are prohibited from scraping, data-mining or data-crawling the Website or engaging in any data gathering or data extraction of the Website.

(e) You are prohibited from gaining or attempting to gain unauthorized access to the Website, email, any other account, computer system, or network connected to the Website, by hacking, phishing, password mining, or other illegal, fraudulent, or unpermitted methods.

(f) You are prohibited from obtaining or attempting to obtain any materials or information through any means that are not intentionally made available through the Website.

(g) You are prohibited from using the Website to post, transmit or in any way exploit any information, software or other material for illicit or commercial purposes.

(h) You are prohibited from using or relying on the Website to engage in or conduct any high risk activities that may cause personal injury, bodily injury, property damage, or economic loss to yourself, other persons, governmental entities, or business entities, if an error occurs.

3. Disclaimer. By using this Website, you acknowledge and agree that this Website is provided “as is” and “as available.” The Company and its officers, directors, employees or agents (collectively the “Company Parties”) do not guarantee (a) that any part of the Website including but not limited to information and photos are accurate, relevant, complete, timely, reliable, suitable, or useful, (b) that this Website will be uninterrupted or error free, (c) that any specific information that is requested will be provided, or (d) that this Website or its servers are or will be free of errors, computer viruses, or other harmful elements. 

You are responsible for verifying the price and other information regarding any product and service described on the Website prior to your purchase of such products or services from third parties. The Company Parties and their respective agents and affiliates will not be liable for your purchase or acquisition of any third-party goods or services based upon the information provided on the Website.

You expressly agree that you solely assume the entire risk regarding the information, quality, and performance of the Website and the accuracy, relevance, timeliness or completeness of the content or services. The Company Parties do not make any promises, representations, endorsements, guarantees, and express or implied warranties regarding the Website, including but not limited to the implied warranties of merchantability and fitness for a particular purpose, title and non-infringement of third-party rights. THE COMPANY DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES (INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE) WITH RESPECT TO THE USEFULNESS, FUNCTIONALITY OR AVAILABILITY OF THE WEBSITE.

4. Limitation of Liability.

(a)  No Liability. The Company Parties will not be liable for any loss or damage that you sustain in connection with your access or use of this Website, or reliance on information obtained through this Website. It is your responsibility to evaluate the accuracy, relevance, completeness, or usefulness of this Website and any information contained in it. To the greatest extent permitted by applicable law, in no event will any of the Company Parties be liable for any costs, losses, or damages incurred by you including but not limited to direct, indirect, punitive, incidental, special or consequential damages arising out of or relating to the Website or the Terms of Use, whether based on warranty, contract, tort, or any other legal theory. Your sole remedy for dissatisfaction with this Website is to stop using and accessing the Website.

(b)  No Relationship. You acknowledge and agree that the information on the Website is provided for general information purposes only, and does not constitute any professional opinions whatsoever. You must not use or rely on any information on the Website without advice from appropriate professionals licensed in your jurisdiction. Furthermore, access to or use of this Website does not create or constitute any type of relationship whatsoever between you and the Company Parties, including but not limited to attorney-client, principal-agent or fiduciary relationships.

5.  Updates to Website. The Company reserves the right to modify, remove, suspend, or discontinue the Website at any time for any reason, without notice, cost, or liability. The Website may become unavailable at any time due to maintenance or malfunction of computer equipment or other reasons.

6. Request for Information. The Company may offer to provide information on the Website via email, or otherwise, to interested persons. The Company reserves the right, in its sole discretion, to reject requests for such information, or to discontinue providing such information to any person, for any reason whatsoever.

7.  Links to Other Webpages. This Website may contain links to other webpages (“Linked Pages”) that are not affiliated with, owned, controlled, managed, or maintained by the Company. These links are provided solely as a convenience. The Company is not responsible for the contents or information in any Linked Pages, or any links contained in such Linked Pages. The Company’s use of links to Linked Pages does not constitute the Company’s endorsement of the Linked Pages, and the Company has no responsibility for the contents or information that is referenced in or linked by this Website. By using the Website to search for or link to other webpages, you agree and understand that such use is at your own risk.

8. Indemnification. You agree to defend, indemnify and hold harmless the Company Parties against claims for costs incurred, damages, losses, liabilities, and expenses, including attorneys’ fees and costs, arising from or related to your use of the Website or breach of your obligations, representations, or warranties set forth in the Terms of Use. Your indemnification obligation does include the right to settle a claim without written consent of the Company. The Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. 

9. Intellectual Property.  All materials on the Website, including without limitation text, designs, images, and ratings (collectively, the “Materials”) are owned or controlled by the Company or the party credited as the provider of the Materials. The respective owner who has right, title, and interest in and to the Materials retains such rights. The Website and Materials are protected by the copyright and trademark laws of the United States and other countries, international conventions, and other applicable laws.

You may not download, display, reproduce, create derivative works from, transmit, sell, distribute, or in any way exploit Materials available from the Website, including without limitation our product reviews and ratings and those product reviews and ratings posted by others, for any public and/or commercial use without the prior written permission of the Company. You may not download, republish, transmit, reproduce or otherwise use any photographs or videos from the Website.

You agree not to use any trademarks, names, logos, or other identifiers of the Company or its employees, licensors, contractors, providers and affiliates (collectively, “Affiliates”) without the prior written permission of the Company or respective Affiliate. You are not permitted to use our trademarks (a) as your own trademark, or as part of any trademark, (b) to identify products or services that are not provided by the Company, (c) in any way that will create likelihood of confusion with other products or services, (d) in any way that will imply that the Company endorses or sponsors products or services provided by you or others.

10. Copyright Infringement. The Company intends to respect the copyrights of all third parties. If you believe that any Materials posted on the Website infringe on copyrights of another party, please send a written notice in accordance with the Digital Millennium Copyright Act describing the alleged infringement to copyright@avenuealpha.com

The notice must comply with 17 U.S.C. § 512(c) and include the following information: (a) a physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the the copyrighted work that is claimed to have been infringed, or if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (d) Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted, (e) a representation that the the complaining party has a good faith belief that use of the Material at issue is not authorized by the copyright owner, such owner’s agent, or by law; and (f) a representation that the information in the notice is accurate, under the penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Upon receipt of a notice complying with all of the above requirements, we will act to remove infringing materials.

11. Survival.  The sections of these Terms of Use entitled Disclaimer, Limitation of Liability, Indemnification, Severability, Intellectual Property, and Miscellaneous shall survive the termination of the Terms of Use.

12. Miscellaneous.  

(a)   Headings and Titles. The paragraph headings herein are provided only for convenience of reference only and may not be used to interpret any of these Terms of Use.

(b)   Force Majeure. You expressly absolve and release the Company Parties from any claim of damage or harm resulting from a cause beyond their control including but not limited to failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes or other labor problems, wars, terrorist activities or governmental restrictions.

(c)   No Assignment. You may not assign these Terms of Use to anyone.

(d)   No Modification. These Terms of Use contain the entire agreement of the parties concerning your access and use of the Website and supersedes all prior agreements and all other oral, written or other communication between the parties concerning its subject matter. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms of Use.  No waiver shall be effective unless in a writing signed by the Company. 

(e)   Choice of Law and Venue. These Terms of Use will be governed by and interpreted in accordance with the laws of the State of California, except with regard to its conflicts or choice of law rules. By accessing this Website, you consent to the personal jurisdiction of and venue in courts located in the County of Orange, State of California.

(f)   Compliance with Laws. You shall comply with all laws, rules, and regulations that are now or hereinafter enacted by any government authority or agency that govern or apply to the operation and your use of the Website. You are prohibited from use of the Website that would constitute an illegal offense, give rise to liability or otherwise violate any applicable local, state, national or international law or regulation.

(g)   Severability. If any provision or part of a provision contained in these Terms of Use is held to be invalid or unenforceable by law or a court of competent jurisdiction, then such provision or part of the provision shall be severed from these Terms of Use and the remainder provisions of the Terms of Use shall remain in full force and effect. The severed provision will be replaced with a similar valid enforceable provision that is as close as possible to the severed provision.

(h)   Amendments.  We may amend these Terms of Use at any time without notice.

(i)   Reservation of Rights. We reserve any right not explicitly stated in these Terms of Use, and do not grant you any rights except those expressly stated in these Terms of Use.