Avant Plus Capital Website Terms of Use

Be sure to read the Website Terms of Use below, as they cover the terms and conditions that apply to your visits to, use of, and navigation of this website (the "Website," or "Site").

Avant Plus Capital may change these Website Terms of Use from time to time. By continuing to use the Site following such modifications, you agree to be bound by such modifications to the Website Terms of Use.

General Terms and Conditions. In consideration of use of the Site, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the sign up page; and (b) to maintain and update this information to keep it true, accurate, current and complete. If any information provided by you is untrue, inaccurate, not current or incomplete, Avant Plus Capital has the right to terminate any account you create and refuse any and all current or future use of the Site. You agree not to resell, copy or transfer content of or access to the Site.

You acknowledge and agree that you must: (a) provide for your own access to the World Wide Web and the Site, and pay any internet service provider fees associated with such access, and (b) provide all equipment necessary for you to make such connection to the World Wide Web and to the Site, including a computer and modem or other access device. You also agree to keep your computer and all operating system and other software updated, including all software and security updates.

By using the Site, including any applets, widgets, web applications or other software, and content contained therein, you agree that use of the Site is entirely at your own risk. THE SITE IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, SERVICES, UNINTERRUPTED ACCESS, OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE SITE. SPECIFICALLY, Avant Plus Capital DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (1) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF THE SITE, ITS INFORMATION, PRODUCTS OR SERVICES AND (2) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.

NEITHER Avant Plus Capital NOR ANY OF ITS EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES, WEBSITE CO-BRANDING PROVIDERS OR CONTENT OR SERVICE PROVIDERS SHALL BE LIABLE TO YOU OR OTHER THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF SITE OR ITS CONTENT OR INABILITY TO GAIN ACCESS TO OR USE THE SITE OR OUT OF ANY BREACH OF ANY WARRANTY. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE RESPECTIVE LIABILITY OF Avant Plus Capital, ITS EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES, WEBSITE CO-BRANDING PROVIDERS AND CONTENT OR SERVICE PROVIDERS RESPECTIVE LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY SUCH STATE LAW.

Avant Plus Capital is the owner and/or authorized user of all trademarks, registered trademarks and/or service marks appearing on this Web Site, and is the copyright owner or licensee of the content and/or information on this Website including but not limited to any screens appearing at the Site.

You may not download and/or save a copy of any of the screens or content except as otherwise provided in these Terms of Use. However, you may print a copy of the information on this Site for your personal use or records. If you make unauthorized use of this Site, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and you may be subject to penalties. Avant Plus Capital does not grant any license or other authorization to use its trademarks, registered trademarks, service marks, copyrights, content or other copyrightable material, patents or other intellectual property, by placing them on this Website.

Avant Plus Capital reserves the right to change any information on this Website including but not limited to revising and/or deleting content, offers, features or other information without prior notice. Clicking on certain links within this Website might take you to other Avant Plus Capital or affiliated web sites, or to third-party websites for which Avant Plus Capital assumes no responsibility of any kind. (See "Links from and to this Website" below.) The content presented at this Site may vary depending upon your browser limitations.

User Conduct on the Site. While using the Site, you may not:

1. Restrict or inhibit any other user from using and enjoying the Site; or

2. Post or transmit any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, offensive, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or foreign law, including without limitation the U.S. export control laws and regulations; or

3. Post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes or other unsolicited commercial communication (except as otherwise expressly permitted by Avant Plus Capital) or engage in spamming or flooding; or

4. Post or transmit any information or software which contains a virus, trojan horse, worm or other harmful component; or

5. Post, publish, transmit, reproduce, distribute or in any way exploit any information, software or other material obtained through the Site for commercial purposes (other than as expressly permitted by the provider of such information, software or other material); or

6. Upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material obtained through the Site which is protected by copyright, or other proprietary right, or derivative works with respect thereto, without obtaining permission of the copyright owner or right holder; or

7. Upload, post, publish, reproduce, transmit or distribute in any way any component of the Site itself or derivative works with respect thereto, as the Site is copyrighted as a collective work under U.S. copyright laws.

You are solely responsible for anything you write, submit, receive, share and store or any data you input into the Site (collectively, your "Content"). Content includes, but is not limited to, data, information, materials, text, graphics, images, audio or video that are uploaded, transmitted, posted, generated, stored or otherwise made available through the Site. You have no obligation to provide any content to the Site, and you're free to choose the content that you want to provide. You acknowledge certain functionality in the Site may be dependent on the provision of Content and may not be available without such Content.

Your Content remains yours, which means that you retain any intellectual property rights that you may have in your Content. By sharing your Content on the Site, you hereby grant Avant Plus Capital a license to use your Content, as described in more detail below.

What's Covered

These licenses to Avant Plus Capital cover your Content to the extent your Content is protected by intellectual property rights.

Scope

This license from you to Avant Plus Capital is:

• worldwide, which means it's valid anywhere in the world;

• non-exclusive, which means you can license your Content to others; and

• royalty-free, which means there are no fees for this license.

Rights

This license allows Avant Plus Capital to:

• host, copy, reproduce, distribute, communicate, publish, sublicense and use your Content — for example, to save your Content on our systems and make it accessible to you and to anyone, anywhere in the world;

• publish or publicly display your Content, if you've submitted it and made it visible to others; and

• modify and create derivative works based on your Content, such as reformatting or translating it.

Purpose

This license is for the limited purpose of:

Operating, providing and improving the Site, which means, among other uses, allowing the Site to work as designed and creating new features and functionalities.

Duration

This license is perpetual and irrevocable and lasts for as long as your Content is protected by intellectual property rights.

Avant Plus Capital may collect, derive or generate de-identified and/or aggregated data regarding your usage of or the performance of the Site, including data derived from your Content. Avant Plus Capital will own all such data and may use this data without restriction, including, but not limited to, operating, analyzing, improving or marketing Avant Plus Capital's products and services, including the Site.

As between you and Avant Plus Capital, Avant Plus Capital and its licensors retain all right, title or interest in and to the Site, except for any limited rights specifically granted to you.

Prohibited Uses

• We expect you to obey the law and follow certain rules in using the Site.

Avant Plus Capital does not condone or support any activity that is illegal, violates the rights of others, harms or damages Avant Plus Capital's reputation or could cause Avant Plus Capital to be liable to a third party. At minimum, you may not use the Site to:

• Violate any law, regulation, executive order or ordinance, including through actions that give rise to criminal, civil, administrative or regulatory liability and/or fines;

• Post or share Content that is or may be illegal or inappropriate, including material that may be defamatory, obscene, harassing, offensive, fraudulent, objectionable or infringing;

• Transmit any virus, trojan horse or other disruptive or harmful software or data;

• Attempt to hack or break through the security of the Site, or engage in a denial-of-service attack against the Site, or enable others to do so;

• Send any unsolicited or unauthorized advertising, such as spam;

• Impersonate or misrepresent your affiliation with Avant Plus Capital;

• Resell, license or provide free or unauthorized access to the Site or make the Site available on any file-sharing, virtual desktop or application hosting service;

• Attempt to reverse engineer in any way any of the Site;

• Engage in unauthorized access, monitoring, interference with or use of the Site or third party accounts, information (including personal information), computers, systems or networks, including scraping , copying or downloading content that doesn't belong to you;

• Use the Site for general archiving or back-up purposes; or

• Encourage or enable any other individual to do any of the above or otherwise violate this Agreement.

We take copyright seriously at Avant Plus Capital. We respect the copyrights of others and expect you to do the same. If you repeatedly infringe the copyrights of others, we may terminate your account.

Avant Plus Capital may terminate your use of the Site based on our reasonable suspicion that your activities, business or products are objectionable or promote, support or engage in any of the prohibited uses described above.

Avant Plus Capital may (but has no obligation to) monitor the use of the Site or Content and may edit or remove any Content. We may disclose any information necessary to satisfy our legal obligations, protect Avant Plus Capital or its customers or operate the Site properly.

Community Forums; Feedback

You may be able to communicate with others through our Site, but please be respectful. Suggestions you provide for improving our Site may be used freely by us.

The Site may include a community forum or other social features that enable you to exchange Content and information with other users of the Site and the public. Avant Plus Capital does not support and is not responsible for the Content in these community forums. Please be respectful when you interact with other users. Do not reveal information that you do not want to make public. Users may post hypertext links to content of third parties for which Avant Plus Capital is not responsible.

You may provide Avant Plus Capital your feedback, suggestions or ideas for the Site. You grant Avant Plus Capital a perpetual, worldwide, fully transferable, sub-licensable, irrevocable, fully paid-up, royalty free license to use your feedback, suggestions and ideas in any way, including in future modifications of the Site, other products or services, advertising or marketing materials.

Avant Plus Capital has no obligation to monitor the Site. However, you acknowledge and agree that Avant Plus Capital has the right to monitor the Site and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to monitor the security of the Site and to detect unauthorized uses, and to protect itself and its customers. Avant Plus Capital will not intentionally monitor or disclose any private electronic-mail message submitted via the Site unless required by law. Avant Plus Capital reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, inappropriate or in violation of these Terms of Use.

Unless otherwise indicated for a particular communication, any communications or material of any kind that you e-mail, post or otherwise transmit through this Website, including data, questions, comments or suggestions ("your Communications") will be treated as non-confidential and nonproprietary. In addition, you understand and agree that Avant Plus Capital is free to use any ideas, suggestions, concepts, know-how or techniques contained in your Communications for any purpose including, but not limited to, developing and marketing products using such information without compensation to you.

Failure to Comply With Terms and Conditions and Termination. You acknowledge and agree that Avant Plus Capital may terminate your password or account or deny you access to all or part of the Site without prior notice if you engage in any conduct or activities that Avant Plus Capital in its sole discretion believes violate any of the terms and conditions, violate the rights of Avant Plus Capital, or is otherwise inappropriate for continued access.

You acknowledge and agree that Avant Plus Capital may in its sole discretion deny you access through Avant Plus Capital to any materials stored on the Internet, or to access third party services, merchandise or information on the Internet through Avant Plus Capital, and Avant Plus Capital shall have no responsibility to notify any third-party providers of services, merchandise or information nor any responsibility for any consequences resulting from lack of notification.

You agree to defend, indemnify and hold Avant Plus Capital and its affiliates harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from your use of the Site or the placement or transmission of any message, information, software or other materials through the Site by you or users of your account or related to any violation of these Terms of Use by you or users of your account.

Links from and to this Website. You acknowledge and agree that Avant Plus Capital and any of its website co-branding providers have no responsibility for the accuracy or availability of information provided by linked sites. Links to external web sites do not constitute an endorsement by Avant Plus Capital or its website co-branding providers of the sponsors of such sites or the content, products, advertising or other materials presented on such sites.

Information in the many web pages that are linked to Avant Plus Capital's Website comes from a variety of sources. Some of this information comes from official Avant Plus Capital licensees, but much of it comes from unofficial or unaffiliated organizations and individuals, both internal and external to Avant Plus Capital. Avant Plus Capital does not author, edit, or monitor these unofficial pages or links. You acknowledge and agree that Avant Plus Capital and its Website Co-branding Providers shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on such external sites or resources.

Other Information. Avant Plus Capital is taking reasonable and appropriate measures, including encryption, to ensure that your personal information is disclosed only to those specified by you. However, the Internet is an open system and we cannot and do not guarantee that the personal information you have entered will not be intercepted by others and decrypted.

If you wish to make purchases through the Site, you may be asked by the merchant or information or service provider from whom you are making the purchase to supply certain information, including credit card or other payment mechanism information. You agree not to hold Avant Plus Capital liable for any loss or damage of any sort incurred as a result of any such dealings with any merchant or information or service provider through the Site. You agree that all information you provide any merchant or information or service provider through the Site for purposes of making purchases will be accurate, complete and current. The merchants and information and service providers offering merchandise, information and services through the Site set their own prices and may change prices or institute new prices at any time. You agree to pay all charges incurred by users of your account and credit card or other payment mechanism at the prices in effect when such charges are incurred. You also will be responsible for paying any applicable taxes relating to purchases through the Site.

IRS Circular 230 Notice. Nothing in our communications with you (including, but not limited to, any emails, web site content, attachments, enclosures or other accompanying materials) relating to any federal tax transaction or matter are considered to be "covered opinions" as described in Circular 230.

Miscellaneous. The Terms of Use and the relationship between you and Avant Plus Capital shall be governed by the laws of the State of California without regard to its conflict of law provisions.

The failure of Avant Plus Capital to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect.

Disputes. You and Avant Plus Capital agree that, except as provided below, any dispute, claim or controversy arising out of or relating in any way to the Site, its contents, tools, services, or this Agreement (a "Claim") will be determined by binding arbitration or small claims court, instead of in courts of general jurisdiction.

Either you or Avant Plus Capital can seek to have a Claim resolved in small claims court if all the requirements of the small claims court are satisfied. Either you or Avant Plus Capital may seek to have a Claim resolved in small claims court in your county of residence or the small claims court in closest proximity to your residence, and you may also bring a Claim in small claims court in the Superior Court of Texas, County of Dallas.

Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. You agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this arbitration provision and that you and Avant Plus Capital are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of this Agreement and/or the termination of the Site.

If you elect to seek arbitration, you must first send to Avant Plus Capital a written Notice of your Claim ("Notice of Claim"). The Notice of Claim to Avant Plus Capital should be sent to 5152 Village Creek Dr, Plano, TX 75093. The Notice of Claim should include both the mailing address and email address you would like Avant Plus Capital to use to contact you. If Avant Plus Capital elects to seek arbitration, it will send, by certified mail, a written Notice of Claim to your address on file. A Notice of Claim, whether sent by you or by Avant Plus Capital, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific amount of damages or other relief sought.

You and Avant Plus Capital agree that good-faith informal efforts to resolve disputes often can result in a prompt, low-cost and mutually beneficial outcome. You and Avant Plus Capital therefore agree that, after a Notice of Claim is sent but before either you or Avant Plus Capital commence arbitration or file a claim in small claims court against the other, we will personally meet, via telephone or videoconference, in a good-faith effort to confer with each other and try to resolve informally any Claim covered by this Agreement. If you are represented by counsel, your counsel may participate in the conference as well, but you agree to fully participate in the conference. Likewise, if Avant Plus Capital is represented by counsel, its counsel may participate in the conference as well, but Avant Plus Capital agrees to have a company representative fully participate in the conference. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the informal dispute resolution process required by this paragraph.

If we do not reach an agreement to resolve the Claim within sixty (60) days after the Notice of Claim is received, you or Avant Plus Capital may commence an arbitration proceeding by filing a Demand for Arbitration or, alternatively, by filing a Claim in small claims court. You agree that you may not commence any arbitration or file a claim in small claims court unless you and Avant Plus Capital are unable to resolve the claim within 60 days after we receive your completed Notice of Claim and you have made a good faith effort to resolve your claim directly with Avant Plus Capital during that time. If a Claim qualifies for small claims court, but a party commences an arbitration proceeding, you and Avant Plus Capital agree that either party may elect instead to have the Claim resolved in small claims court, and upon written notice of a party's election, the American Arbitration Association ("AAA") will administratively close the arbitration proceeding. Any dispute about whether a Claim qualifies for small claims court shall be resolved by that court, not by an arbitrator. In the event of any such dispute, the arbitration proceeding shall remain closed unless and until a decision by the small claims court that the Claim should proceed in arbitration. You may download or copy a form of notice and a form to initiate arbitration at www.adr.org or by calling 1-800-778-7879. The arbitration will be conducted by the AAA before a single AAA arbitrator under the AAA's rules, which are available at www.adr.org or by calling 1-800-778-7879, except as modified by this Agreement. Unless Avant Plus Capital and you agree otherwise, any arbitration hearings will take place in the county (or parish) of either your residence or of the mailing address you provided in your Notice of Claim.

The arbitrator will be either (1) a retired judge or (2) an attorney specifically licensed to practice law in the state of Texas or the state of your residence and will be selected by the parties from the AAA's National Roster of arbitrators. The arbitrator will be selected using the following procedure: (a) the AAA will send the parties a list of five candidates meeting this criteria; (b) if the parties cannot agree on an arbitrator from the list, each party shall return its list to the AAA within 10 days, striking up to two candidates, and ranking the remaining candidates in order of preference; (c) the AAA shall appoint as arbitrator the candidate with the highest aggregate ranking; and (d) if for any reason the appointment cannot be made according to this procedure, the AAA may exercise its discretion in appointing the arbitrator. The arbitrator is bound by this Agreement. Except as otherwise provided below, all issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration provision.

The parties agree that an administrative conference with the AAA shall be conducted in each arbitration proceeding, and you and an Avant Plus Capital company representative shall appear at the administrative conference via telephone. If you fail to appear at the administrative conference, regardless of whether your counsel attends, the AAA will administratively close the arbitration proceeding without prejudice, unless you show good cause as to why you were not able to attend the conference.

The arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. The award shall be binding only among the parties and shall have no preclusive effect in any other arbitration or other proceeding involving a different party. Avant Plus Capital will not seek to recover its attorneys' fees and costs in arbitration from you unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). Judgment on any award may be entered in any court having jurisdiction. This agreement to arbitrate shall not preclude any party to the arbitration from at any time seeking injunctions or other forms of equitable relief in aid of arbitration from a court of appropriate jurisdiction including whether a Demand for Arbitration is filed in violation of this Agreement.

Unless you or Avant Plus Capital seek to have a Claim resolved in small claims court, the arbitrator shall determine all issues of liability on the merits of any Claim asserted by you or Avant Plus Capital and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. To the extent that you or Avant Plus Capital prevail on a Claim and seek public injunctive relief (that is, injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the public), the entitlement to and extent of such relief must be litigated in a civil court of competent jurisdiction and not in arbitration. The parties agree that litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any individual Claims in arbitration. Before a court of competent jurisdiction issues any public injunctive relief, it shall review the factual findings of the arbitration award on which any injunction would issue with no deference to the arbitrator.

Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. You are required to pay AAA's initial filing fee, but Avant Plus Capital will reimburse you for this filing fee at the conclusion of the arbitration to the extent it exceeds the fee for filing a complaint in a federal or state court in your county of residence or in Dallas County, Texas. If the arbitrator finds that either the substance of your Claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules and Avant Plus Capital will not reimburse your initial filing fee. The parties agree that the AAA has discretion to modify the amount or timing of any administrative or arbitration fees due under the AAA Rules where it deems appropriate, provided that such modification does not increase the AAA fees to you or Avant Plus Capital and you and Avant Plus Capital waive any objection to such fee modification.

You and Avant Plus Capital agree that each may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. Further, if you have elected arbitration, unless both you and Avant Plus Capital agree otherwise, the arbitrator may not consolidate any other person's Claims with your Claims and may not otherwise preside over any form of a representative or class proceeding. If Avant Plus Capital believes that any Claim you have filed in arbitration or in court is inconsistent with the limitations in this paragraph, then you agree that Avant Plus Capital may seek an order from a court determining whether your Claim is within the scope of the Class Action Waiver. If this Class Action Waiver is found to be unenforceable, then the entirety of this Disputes Section shall be null and void. This section shall survive expiration, termination or rescission of these Terms of Use.