LEGAL NOTICES
TERMS AND CONDITIONS OF USE
PLEASE READ THESE TERMS CAREFULLY BEFORE
USING THIS SITE
This Web site is provided by AV FundSource and may be used for informational purposes
only. By using the site or downloading materials from the site, you agree to abide
by the terms and conditions set forth in this notice. If you do not agree to abide
by these terms and conditions do not use the site or download materials from the
site.
Note: This site is not intended for persons under 13 years of age.
LIMITED LICENSE: Subject to the terms and conditions set forth in this Agreement,
AV FundSource grants you a non-exclusive, non-transferable, limited right to access,
use and display this site and the materials thereon. You agree not to interrupt
or attempt to interrupt the operation of the site in any way.
AV FundSource authorizes you to view and download the information ("Materials")
at this Web site ("Site") only for your company's use. This authorization is not
a transfer of title in the Materials and copies of the Materials and is subject
to the following restrictions: 1) you must retain, on all copies of the Materials
downloaded, all copyright and other proprietary notices contained in the Materials;
2) you may not modify the Materials in any way or reproduce or publicly display,
perform, or distribute or otherwise use them for any public or commercial purpose;
and 3) you must not transfer the Materials to any other person unless you give them
notice of, and they agree to accept, the obligations arising under these terms and
conditions of use. You agree to abide by all additional restrictions displayed on
the Site as it may be updated from time to time. This Site, including all Materials,
is copyrighted and protected by worldwide copyright laws and treaty provisions.
You agree to comply with all copyright laws worldwide in your use of this Site and
to prevent any unauthorized copying of the Materials. Except as expressly provided
herein, AV FundSource does not grant any express or implied right to you under any
patents, trademarks, copyrights or trade secret information.
DISCLAIMER: THE MATERIALS MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. AV FundSource DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION, ADVICE, STATEMENT, MEMORANDUM, OR INFORMATION SHALL BE AT YOUR SOLE RISK. AV FundSource RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE SITE. AV FundSource MAY MAKE ANY OTHER CHANGES TO THE SITE, THE MATERIALS AND THE PRODUCTS, PROGRAMS, SERVICES OR PRICES (IF ANY) DESCRIBED IN THE SITE AT ANY TIME WITHOUT NOTICE.
THIS SITE, THE INFORMATION AND MATERIALS ON THE SITE, AND THE SOFTWARE MADE AVAILABLE
ON THE SITE, ARE PROVIDED "AS IS" WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS
OR IMPLIED, OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY,
NONINFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. SOME JURISDICTIONS DO NOT
ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY
TO YOU.
THIRD-PARTY SITES: As a convenience to you, AV FundSource may provide, on this Site,
links to Web sites operated by other entities. If you use these sites, you will
leave this Site. If you decide to visit any linked site, you do so at your own risk
and it is your responsibility to take all protective measures to guard against viruses
or other destructive elements. AV FundSource makes no warranty or representation
regarding, and does not endorse, any linked Web sites or the information appearing
thereon or any of the products or services described thereon. Links do not imply
that AV FundSource or this Site sponsors, endorses, is affiliated or associated
with, or is legally authorized to use any trademark, trade name, logo or copyright
symbol displayed in or accessible through the links, or that any linked site is
authorized to use any trademark, trade name, logo or copyright symbol of AV FundSource
or any of its affiliates or subsidiaries.
INFORMATION PROVIDED BY YOU: AV FundSource does not want you to, and you should
not, send any confidential or proprietary information to AV FundSource via the Site
with regard to ideas, concepts or know-how. You agree that any such information
or materials that you or individuals acting on your behalf provide to AV FundSource,
will not be considered confidential or proprietary. By providing any such information
or materials to AV FundSource, you grant to AV FundSource an unrestricted, irrevocable,
worldwide, royalty-free license to use, reproduce, display, publicly perform, transmit
and distribute such information and materials, and you further agree that AV FundSource
is free to use any ideas, concepts or know-how that you or individuals acting on
your behalf provide to AV FundSource. You further recognize that AV FundSource does
not want you to, and you warrant that you shall not, provide any information or
materials to AV FundSource that is defamatory, threatening, obscene, harassing,
or otherwise unlawful, or that incorporates the proprietary material of another.
LIMITATION OF DAMAGES: IN NO EVENT SHALL AV FundSource OR ANY OF ITS SUBSIDIARIES
BE LIABLE TO ANY ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR OTHER
DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION,
LOSS OF INFORMATION OR PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM)
THAT ARE RELATED TO THE USE OF, OR THE INABILITY TO USE, THE CONTENT, MATERIALS,
AND FUNCTIONS OF THE SITE OR ANY LINKED WEBSITE, EVEN IF AV FundSource IS EXPRESSLY
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
CHANGES: AV FundSource reserves the right, at its sole discretion, to changes, modify,
add or remove any portion of this Agreement in whole or in part, at any time. Changes
in this Agreement will be effective when notice of such changes is posted. Your
continued use of the Site after any changes to this Agreement are posted will be
considered acceptance of those changes.
AV FundSource may terminate, change, suspend or discontinue any aspect of the AV
FundSource Site, including the availability of any features of the Site, at any
time. AV FundSource may also impose limits on certain features and services
or restrict your access to parts or all of the Site without notice or liability.
AV FundSource may terminate the authorization, rights and license given above
and, upon such termination, you shall immediately destroy all Materials.
INTERNATIONAL USERS AND CHOICE OF LAW: This Site is controlled, operated and administered
by AV FundSource from its offices within the United States of America. AV FundSource
makes no representation that materials at this site are appropriate or available
for use at other locations outside of the United States and access to them from
territories where their contents are illegal is prohibited. You may not use the
Site or export the Materials in violation of U.S. export laws and regulations. If
you access this Site from a location outside of the United States, you are responsible
for compliance with all local laws. These Terms and Conditions of use shall be governed
by the laws of the State of Ohio, without giving effect to its conflict of laws
provisions.
This Agreement constitutes the entire agreement between AV FundSource and you with
respect to your use of the Site. Any cause of action you may have with respect to
your use of the Site must be commenced within one (1) year after the claim or cause
of action arises. If for any reason a court of competent jurisdiction finds any
provision of the Agreement or portion thereof, to be unenforceable, that provision
shall be enforced to the maximum extent permissible so as to effect the intent of
the Agreement, and the remainder of this Agreement shall continue in full force
and effect.
Create an Account/Registration
By creating an account or otherwise registering with this site, you hereby understand
and agree that you have established a business relationship between you and AV FundSource
which is the owner of this site. As such, you agree that AV FundSource may contact
you using information you provided with information and offers of services available
through AV FundSource and any of its websites. You hereby consent to any such communication
or phone calls even if your phone number is on any Do Not Call list.
COPYRIGHT AND TRADEMARK NOTICES
All contents of this Web site are: Copyright © 2003 -
AV FundSource, its suppliers and participating Lenders. AV FundSource Corporate
Offices at 4068 Plum Wood Way, Uniontown, OH 44685 U.S.A. All rights reserved.
Other product and company names mentioned herein, including the names of participating
Lenders, may be the trademarks of their respective owners.
DISCLAIMERS AND LIMITATIONS
AV FundSource intends that the information contained in its Web site be accurate
and reliable; however, errors sometimes occurs. In addition, changes and improvements
to the information provided herein may be made by AV FundSource at any time. THIS
WEB SITE AND THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ASSOCIATED WITH IT
ARE PROVIDED "AS IS." AV FundSource AND/OR ITS SUPPLIERS, PARTICIPATING LENDERS,
OR REAL ESTATE PROFESSIONALS DISCLAIM ANY WARRANTY OF ANY KIND, WHETHER EXPRESS
OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THIS WEB SITE AND ANY INFORMATION,
SOFTWARE, PRODUCTS AND SERVICES PROVIDED HEREIN, INCLUDING WITHOUT LIMITATION THE
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE,
AND NONINFRINGEMENT. USE OF THIS WEB SITE AND/OR AV FundSource'S SERVICES IS AT
YOUR OWN RISK. AV FundSource AND/OR ITS SUPPLIERS, PARTICIPATING LENDERS, OR REAL
ESTATE PROFESSIONALS ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED
WITH THE USE OF THIS WEB SITE AND/OR AV FundSource'S SERVICES OR WITH THE DELAY
OR INABILITY TO USE THIS WEB SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND
SERVICES OBTAINED THROUGH THIS WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF
THIS WEB SITE, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS
BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF AV FundSource AND/OR
ITS SUPPLIERS HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. SOME JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT
APPLY TO YOU.
INDEMNITY
As a condition of use of this Web site and/or AV FundSource's services, you agree
to indemnify AV FundSource and its suppliers, participating Lenders, or other service
professionals from and against any and all liabilities, expenses (including attorneys'
fees) and damages arising out of claims resulting from your use of this Web site,
including without limitation any claims alleging facts that if true would constitute
a breach by you of this Agreement.
LINKS TO THIRD PARTIES
This Web site may contain links to Web sites maintained by third parties. Such links
are provided for your convenience and reference only. AV FundSource does not operate
or control in any respect any information, software, products or services available
on such Web sites. AV FundSource's inclusion of a link to a Web site does not imply
any endorsement of the services or the site, its contents, or its sponsoring organization.
ERRORS AND DELAYS
AV FundSource is not responsible for any errors or delays in responding to a qualification
form or referral form caused by an incorrect e-mail address provided by you or other
technical problems beyond our reasonable control.
DISPUTE RESOLUTION
Any claim or controversy arising out of or relating to the use of this Web site,
to the goods or services provided by AV FundSource, or to any acts or omissions
for which you may contend AV FundSource is liable, including but not limited to
any claim or controversy as to arbitrability ("Dispute"), shall be finally, and
exclusively, settled by arbitration. The arbitration shall be held before one arbitrator
under the commercial arbitration rules of the American Arbitration Association ("AAA")
in force at that time. The arbitration shall be venued in Ohio. The arbitrator
shall be selected pursuant to the AAA rules. Should no AAA rule regarding the selection
of an arbitrator be in effect, the consumer shall select an arbitrator from a panel
of arbitrators acceptable to AV FundSource. In any arbitration, AV FundSource will
pay the filing fee, plus the costs associated with the first day of arbitration,
with the remaining costs of arbitration paid by the non-prevailing party, provided,
however, that in Maine any cost to the consumer shall be limited to the cost of
filing a court case. To begin the arbitration process, a party must make a written
demand therefor.
Any judgment upon the award rendered by the arbitrators may be entered in any court
of competent jurisdiction in Ohio. The arbitrators shall not have the power to award
damages in connection with any Dispute in excess of actual compensatory damages
and shall not multiply actual damages or award consequential, punitive or exemplary
damages, and each party irrevocably waives any claim thereto, except in Maine where
state law will control all rights and remedies in the arbitration. The agreement
to arbitrate shall not be construed as an agreement to the joinder or consolidation
of an arbitration under this agreement with an arbitration of disputes or claims
of any non-party, regardless of the nature of the issues or disputes involved.
THIS AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN YOU AND AV FundSource WILL BE
RESOLVED BY BINDING ARBITRATION. YOU THUS GIVE UP YOUR RIGHT TO GO TO COURT
TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR
BRING CLASS ACTIONS. YOUR RIGHTS WILL BE DETERMINED BY NEUTRAL ARBITRATORS AND NOT
A JUDGE OR JURY. You are entitled to a fair hearing, but the arbitration procedures
are simpler and more limited than rules applicable in court. Arbitrator decisions
are enforceable as any court order and are subject to very limited review
by a court. By using AV FundSource's goods and services you consent to these restrictions.
Should a Dispute arise and should the arbitration provisions herein become inapplicable
or unenforceable, or in any instance of any lawsuit between you and AV FundSource,
the parties agree that jurisdiction over and venue of any suit shall be exclusively
in the state and federal courts sitting in Ohio.. If either party employs attorneys
to enforce any right in connection with any Dispute or lawsuit the prevailing party
shall be entitled to recover reasonable attorneys' fees.
OTHER TERMS
This Agreement constitutes the entire agreement between you and AV FundSource and
it supersedes all prior or contemporaneous communications, promises and proposals,
whether oral, written or electronic, between you and AV FundSource with respect
to this Web site and information, software, products and services associated with
it. This Agreement shall be subject to and construed in accordance with the laws
of the State of North Carolina, excluding its conflict of laws principles. If any
part of this Agreement is determined to be invalid or unenforceable pursuant to
applicable law including, but not limited to, the warranty disclaimers and liability
limitations set forth above, then the invalid or unenforceable provision will be
deemed superseded by a valid enforceable provision that most closely matches the
intent of the original provision, and the remainder of the Agreement shall continue
in effect. A printed version of this Agreement and of any notice given in electronic
form shall be admissible in judicial or administrative proceedings based upon or
relating to this Agreement to the same extent and subject to the same conditions
as other business documents and records originally generated and maintained in printed
form. All rights not expressly granted herein are reserved.
Disclaimer:
The ultimate decision to proceed with any financial transaction rests solely with
you. We are not acting as your financial advisor, attorney, or CPA.
Therefore, prior to entering into any of the financial programs presented by AV
FundSource, you should consult with your attorney or CPA, without reliance
upon us or our affiliates, the economic risks and merits, as well as the legal,
tax and accounting consequences of the transaction to determine if you are able
to assume these risks.