We’re Avery Fresno, and we welcome you to our website.
We may change our website and the services we offer on it.
As much as we enjoy having you visit our website and use the services we offer on it, we may make changes from time to time. We have the right, but not the obligation, to take any of the following actions without providing any prior notice to you:
- change or terminate all or any part of the services we offer on our website;
- restrict or terminate your access to all or any part of our website or the services we offer on it;
- remove any content from our website and not publish or remove any material that you submit to our website; or
We have the right to determine who can use our website.
First of all, you must be 13 years of age or older to use our website. If you’re not at least 13 years old, please don’t use our website. Secondly, we reserve the right to deny access or use of our website (and the services we offer on it) to anyone at any time in our sole and absolute discretion.
Your account is your responsibility.
If you register on our website and set up an account and password, you are responsible for anything that happens through your account until you close down your account or prove that your account security was compromised due to no fault of your own. You agree to keep your password secure and confidential, not permit others to use your account, and not use other’s accounts. You should immediately notify us of any unauthorized use of your password or account or any breach of security. If you become aware that your account has been compromised, you should immediately change your password. Make sure that you fully exit from your account at the end of each session.
You’re responsible for what you say and do.
You are responsible for all content that you upload, post, email, or otherwise transmit to or through our website. You agree to post only messages, comments, or other information that are appropriate and lawful, and under no circumstances will you post content or engage in any other activity on our website that:
- defames, threatens, harasses, abuses, deceives, or otherwise violates the legal rights of others;
- is harmful to children, profane, obscene, indecent, or racially or ethnically offensive;
- is tortious, libelous, or fraudulent;
- victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- infringes another’s rights to intellectual property, publicity, or privacy;
- collects or stores personal information about other users of our website;
- contains advertisements, promotions, commercial solicitations, contests, or surveys (unless you have our written permission to do so);
- contains, transmits or disseminates spam, chain letters, or information intended to assist in the placement of a bet or wager;
- contains, transmits or disseminates viruses, corrupted files, or any other similar software or programs that may damage or adversely affect the operation of another’s computer, our website, or any software, hardware or other related equipment;
- disrupts or otherwise interferes with our website or the networks or servers used by us;
- impersonates any person or entity or misrepresents your connection or affiliation with a person or entity, including Avery Fresno or any employee or representative of Avery Fresno; or
- constitutes illegal activity.
We reserve the right (but not the obligation) to review, edit, or delete any content you post to our website and to terminate your access to our website or to any area of our website at any time without notice for any reason whatsoever. However, we do not endorse or control the content, messages or information posted by you or others to our website, and we disclaim all liability with regard to such content, messages or information.
Think before you click or link.
We may include in our website, for informational purposes only, content from and links to third-party websites and resources. We don’t endorse or approve any content, websites or services provided by third parties, and we make no representations or warranties, express or implied, with respect to third-party content, websites or services. Use your own good judgment before using or relying on third-party content, websites or services. You may link to our website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent. You agree to take any action necessary to cause any unauthorized linking to immediately cease.
You have a limited right to use our website.
We disclaim any legal liability for the operation of our website and the services we offer on it.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS AND AS A RESULT, THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU. DO NOT RELY ON US, OUR WEBSITE, OR ANY INFORMATION IN OUR WEBSITE. WE PROVIDE OUR WEBSITE AND ALL INFORMATION AND SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DO NOT CONTROL OR VET USER GENERATED CONTENT FOR ACCURACY. WE DO NOT PROVIDE ANY EXPRESS WARRANTIES OR REPRESENTATIONS. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ANY AND ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OF DATA, AND NONINFRINGEMENT. WE CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM OUR WEBSITE WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE FEATURES, AND WE DISCLAIM ALL LIABILITY FOR ANY LOSS OR DAMAGE CAUSED BY SUCH VIRUSES OR OTHER DESTRUCTIVE FEATURES. WE DO NOT GUARANTEE THAT THE SERVICES WE PROVIDE WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS IN FUNCTIONING. IN PARTICULAR, THE OPERATION OF THE SERVICES MAY BE INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR SYSTEM OR NETWORK FAILURES. WE DISCLAIM ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN FUNCTIONING. FURTHERMORE, WE DISCLAIM ALL LIABILITY FOR ANY MALFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF OUR WEBSITE DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, TO THE SATURATION OF THE INTERNET NETWORK, AND FOR ANY OTHER REASON.
We limit our liability to you.
If we end up in a legal dispute with you, it will take place in Texas courts, applying Texas law.
You agree to resolve disputes through arbitration.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent at Avery Fresno, attn. Legal Department, 1301 S. Capital of Texas Highway, #B-201, Austin TX 78746. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, we will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
If any provision of the agreement to arbitrate in this section is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced (but in no case will there be a class, representative, or private attorney general arbitration).
Please let us know if you believe your intellectual property has been improperly posted.
If you are an owner of intellectual property who believes your intellectual property has been improperly posted or distributed via our web site, please notify us by sending an email to firstname.lastname@example.org or by sending a notice by U.S. Mail to: Aspen Heights Partners, 1301 S. Capital of Texas Hwy, Suite B-201, Austin, TX 78746, Attn: General Counsel. Your notice to us must include the following information: (1) a physical or electronic signature of a person authorized to act on behalf of the owner of the copyrighted work allegedly infringed; (2) a description of the copyrighted work or works that allegedly have been infringed; (3) a description of where on our web site the allegedly infringing material appears that will allow us to locate the material; (4) your contact information, including your address, telephone number, and, if available, email address; (5) a statement by you that you have a good faith belief that the allegedly infringing use has not been authorized by the copyright owner, its agent, or the law; and (6) a statement by you, under penalty of perjury, that the information in your notice is accurate and that you are authorized to act on behalf of the owner of the copyrighted work that has allegedly been infringed.