Terms of Service
This website is owned and operated by Avenue 365 Lender Services, LLC (“Avenue 365″) and is available to you for informational purposes only. Please be advised that certain portions of this Website may only be accessed by those who have submitted their credentials in order to become a customer [the “Registered Areas”]. You will be required to register on this Website in order to gain access to our Registered Areas. By registering, you represent and warrant that all information submitted during the registration process is complete and accurate. Avenue 365 has the sole discretion to accept or reject any such registration.
This website is offered to you, the User, conditioned upon acceptance without modification of the terms, conditions and notices contained herein. Your use of this website constitutes your agreement to all such terms, conditions and notices. If you disagree with any part of these Terms of Service, do not use our Website. We reserve the right to modify these terms at any time. You should check periodically for changes. By using this site after we post any changes, you agree to accept those changes, whether or not you have reviewed them.
USE OF WEBSITE
As a condition of your use of this Website, you represent and warrant to Avenue 365 that you will not use this Website or any information contained on this Website for any purpose that is unlawful or prohibited by these Terms of Service.If your registration is approved, you may have access to the Registered Areas and the tools and services contained therein. You may have access to the Registered Areas only through the use of an authorized Username and Password. IF YOU ARE A REGISTERED USER, DO NOT SHARE YOUR PASSWORD WITH ANYONE. You are solely responsible for maintaining the confidentiality of your Username and Password and shall be responsible for all use of the Website through your Username and Password. You shall not transfer and/or share your Username and Password in order to permit any other person and/or organization to obtain access to the Registered Areas. If you suspect that your Username and Password has been compromised in any way, change your Username and Password immediately.When you register with Avenue 365 to use the Registered Areas on this Website, you agree that Avenue 365 is authorized to act on instructions received under your Username and Password without any requirement to question those instructions. You agree that Avenue 365 is not liable for any unauthorized access to your personal information that is not directly due to the gross negligence or willful misconduct of Avenue 365. You agree that your Username and Password contain confidential information and will keep it personal and secret and you will notify Avenue 365 immediately if you believe your Username and Password have been compromised in any way whatsoever. Although Avenue 365 is not obligated to, Avenue 365 may deny access or block any transaction made under your Username and Password without prior notice if we believe your Username and Password is being used by someone other than you or if any unauthorized access to your personal information has or may occurred.Avenue 365 reserves the right to suspend your access to our Registered Areas at any time.
Unauthorized use of, or access to, the Registered Areas is prohibited. Actual or attempted unauthorized use of or access to such areas may result in criminal and/or civil prosecution. Access to Registered Areas may be monitored, analyzed and recorded and any information obtained regarding actual or suspected unauthorized access may be given to law enforcement to investigate and prosecute.
LINKS TO OTHER WEBSITES
Our Website contains links to third party Websites, which are provided and maintained solely by the third party. Avenue 365 does not control these Websites and you are accessing them at your own risk. Avenue 365 is not responsible for and expressly disclaims any and all liability for damages of any kind arising out of the use of the linked sites or reliance on information contained therein.
All materials on this Website, including but not limited to text and graphics (“Content”), as well as the color selections, organization and layout of this site (“Look and Feel”) are protected by United States copyright and intellectual property laws and are the property of Avenue 365 unless otherwise indicated. All rights are reserved by Avenue 365, and the content may not be reproduced, downloaded, disseminated, published, or transferred in any form or by any means, except with the prior written permission of Avenue 365. Unauthorized use will be prosecuted to the fullest extent possible under applicable law.
DISCLAIMER AND LIMITATION OF LIABIILTY
THIS WEBSITE AND ALL CONTENT PRODUCTS AND SERVICES INCLUDED ON OR MADE AVAILABLE THROUGH AVENUE 365′S WEBSITE ARE PROVIDED BY US ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE CONTENT, PRODUCTS OR SERVICES INCLUDED ON OR MADE AVAILABLE THROUGH THE WEBSITE, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUSES, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. WITHOUT LIMITING THE ABOVE, WE DO NOT REPRESENT OR WARRANT THAT THE WEBSITE OR THE CONTENT, PRODUCTS OR SERVICES INCLUDED ON OR MADE AVAILABLE THROUGH THE WEBSITE, ITS THIRD PARTY SERVERS OR COMPUTERS; OR MESSAGES SENT FROM US, ARE FREE OF VIRUSES OR OTHER HARMFUL CODE OR COMPONENTS OR THAT THE FUNCTIONS CONTAINED IN THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE. IN ADDITION TO THE ABOVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. YOU ASSUME THE FULL AND SOLE RISK OF USING AND/OR RELYING ON THE WEBSITE, AND THE CONTENT, PRODUCTS AND SERVICES INCLUDED ON OR MADE AVAILABLE THROUGH THE WEBSITE.AVENUE 365 WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE WEBSITE, INABILTY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS AND MATERIALS AVAILABLE FROM THIS WEBSITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY AND CONSEQUENTIAL DAMAGES, EVEN IF AVENUE 365 HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBLITY OF SUCH DAMAGES, REGARDLESS OF THE LEGAL THEORY UNDER WHICH ANY CLAIM FOR DAMAGES MAY BE MADE.CERTAIN STATE LAWS DO NOT PERMIT THE DISCLAIMER OR LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. TO THE EXTENT THAT YOU ARE SUBJECT TO THOSE LAWS, THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY. DESPITE THE FOREGOING, OUR TOTAL COLLECTIVE LIABILITY FOR ANY REASON WHATSOEVER RELATED TO THE WEBSITE SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO US IN CONNECTION WITH THE SUBJECT MATTER OF THE CAUSE OF ACTION AND/OR DISPUTE.
You agree to defend, indemnify and hold harmless Avenue 365 and its respective officers, directors, employees, representatives, agents, third party suppliers, licensors and partners, and their respective successors and assigns, from and against all claims, losses, expenses, damages and costs, including reasonable attorneys’ fees, court costs, and litigation expenses, including those incurred with respect to enforcement of this indemnity provision, resulting from or arising out of the use, misuse, or inability to use this Website or its Content, or any violation of this agreement by you or any other person accessing the Website using your Username and Password.
GOVERNING LAW AND VENUE
By accessing this Website, you agree that any claim relating to the Website or your use thereof shall be governed by the laws of the Commonwealth of Pennsylvania. You consent to the exclusive jurisdiction of courts sitting in the Commonwealth of Pennsylvania in all disputes arising out of or relating to the contents or use of this Website.
By using this Website, you acknowledge and agree that if the Terms of Service are breached, Avenue 365 shall be entitled to equitable relief by way of injunction, without prejudice to any rights and remedies otherwise available.If any of the Terms contained herein are found to be invalid or unenforceable pursuant to applicable law by a court of competent jurisdiction, the remainder of these terms shall continue in effect and the provision that most closely matches the intent of the original provision shall supersede as a valid and enforceable provision.Any rights not expressly granted herein are hereby reserved by Avenue 365.