Terms of Service

Thank you for visiting avantegardemarketing.com. We grant you the right to use avantegardemarketing.com subject to these Terms of Service and our Privacy Policy, and any and all other applicable operating rules, policies, price schedules and other supplemental terms and conditions or documents that may be published from time to time, which are expressly incorporated herein by reference (collectively, the "Terms").

Be advised that these Terms contain disclaimers of warranties and limitations on liability that may be applicable to you. PLEASE READ THESE TERMS CAREFULLY. BY ACCESSING AVANTEGARDEMARKETING.COM, YOU AGREE TO BE BOUND BY THE TERMS. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, YOU MAY NOT ACCESS OR USE AVANTEGARDEMARKETING.COM.

THESE TERMS INCLUDE A MANDATORY ARBITRATION AGREEMENT AND A CLASS ACTION WAIVER. IN ARBITRATION, THERE IS NO JUDGE OR JURY, AND THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT. DETAILS ARE SET FORTH BELOW. PLEASE REVIEW CAREFULLY.

1. Privacy Policy. Please review the avantegardemarketing.com Privacy Policy, which may be found at https://avantegardemarketing.com/privacy.html ("Privacy Notice"). The terms of the Privacy Policy are incorporated into, and considered a part of, these Terms.
2. Use of Information. When you visit avantegardemarketing.com, in some cases you will be prompted to disclose certain information about yourself and the products or services that you are inquiring about ("Service Request"). By completing a Service Request and agreeing to the consent provided, you agree that you are entering into a business relationship with avantegardemarketing.com and its third-party partners and service providers, and therefore agree to be contacted by avantegardemarketing.com, its advertising partners, and/or service providers.
3. License. avantegardemarketing.com owns and operates the Website. The information and content available on the Website, or in any communications avantegardemarketing.com sends you (the "Website Content") are protected by copyright laws throughout the world. avantegardemarketing.com grants you a limited license to reproduce portions of the Website Content for the sole purpose of reviewing the Website Content as an applicant for employment, a current or potential customer, current or potential business partner, or current or potential investor of avantegardemarketing.com. All copyright and other proprietary notices on any Website Content must be retained on any copies. Any unauthorized reproduction or modification, distribution, or performance of any Website Content is strictly prohibited. avantegardemarketing.com and its licensors reserve all rights not granted in these Terms.
4. Trademarks. All trademarks, logos and service marks (collectively, "Marks") displayed on the Websites are avantegardemarketing.com's property or the property of other third parties. You are not permitted to use these Marks without avantegardemarketing.com's prior written consent or the consent of the third party that owns the Marks.
5. Modification. avantegardemarketing.com reserves the right, at any time, to modify the Website Content or to modify, suspend, or discontinue the Websites or any part thereof with or without notice. You agree that avantegardemarketing.com will not be liable to you or to any third party for any modification of the Website Content or modification, suspension, or discontinuance of the Websites.
6. Rules of Conduct.
• You must be at least 18 years old to visit or use the Website in any manner. By visiting the Website or accepting this Agreement, you represent and warrant to avantegardemarketing.com that you are 18 years of age or older, and that you have the right, authority, and capacity to agree to and abide by this Agreement.
• You must not post violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive photos or other content via the Website.
• You are responsible for any activity that occurs through your account and you agree you will not sell, transfer, license or assign your account, followers, username, or any account rights. With the exception of people or businesses that are expressly authorized to create accounts on behalf of their employers or clients, avantegardemarketing.com prohibits the creation of - and you agree that you will not create - an account for anyone other than yourself. You also represent that all information you provide or provided to avantegardemarketing.com upon registration and at all other times will be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy.
• You must not create accounts with the Website through unauthorized means, including by using an automated device, script, bot, spider, crawler or scraper.
• You must not solicit, collect or use the login credentials of other Website users.
• You must not use the Website to defame abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including others' privacy rights or rights of publicity, or harvest or collect personally identifiable information about other users of the Website.
• You must not use the Website for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (for example, federal, state, local and provincial) applicable to your use of the Website, including copyright laws.
• You are solely responsible for your conduct and any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other content or materials that you submit, post or display on or via the Website.
• You must not interfere or disrupt the Website or servers or networks connected to the Website Services, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any Website page is rendered or displayed in a user's browser or device.
• You must not use any robot, spider, Website search/retrieval application or other manual or automatic device to retrieve, index, "scrape," "data mine" or in any way gather Website content or reproduce or circumvent the navigational structure or presentation of the Website without avantegardemarketing.com's express prior written consent. Notwithstanding the immediately foregoing sentence (but subject to the other items listed above), avantegardemarketing.com grants the operators of public search engines permission to use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly-available searchable indices of such materials, but not caches or archives of such materials. We reserve the right to revoke these exceptions, either generally or in specific cases, at any time.
• You must not restrict or inhibit any other person from using the Website (including by hacking or defacing any portion of the Website).
• You must not reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Website.
• Except as expressly permitted by applicable law, you must not modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Website.
• You must not remove any copyright, trademark or other proprietary rights' notices from the Website or materials originating from the Website.
• You must not frame or mirror any part of the Website without avantegardemarketing.com's express prior written consent.
• You must not create a database by systematically downloading and storing all or any Website content.
7. Registration; Usernames and Passwords. You may be required to register with avantegardemarketing.com in order to access certain services or areas of the Website. With respect to any such registration, avantegardemarketing.com may refuse to grant you, and you may not use, a username (or email address) that violates the intellectual property or other rights of any person; that is offensive; or that avantegardemarketing.com rejects for any other reason in its sole discretion. Your username and password are for your personal use only, and not for use by any other person. You are responsible for maintaining the confidentiality of any password you may use to access the Website, and agree not to transfer your password or username, or lend or otherwise transfer your use of or access to the Website, to any third party. You are fully responsible for all interaction with the Website that occurs in connection with your password or username. You agree to immediately notify avantegardemarketing.com of any unauthorized use of your password or username or any other breach of security related to your account or the Website, and to ensure that you "log off"/exit from your account with the Website (if applicable) at the end of each session. avantegardemarketing.com is not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations.
8. Feedback. If you provide any feedback or suggestions to avantegardemarketing.com regarding the Websites and/or avantegardemarketing.com's other services (collectively, "Feedback"), avantegardemarketing.com may use such Feedback for any purpose. So that we may incorporate such Feedback into avantegardemarketing.com's Websites and/or avantegardemarketing.com's services, avantegardemarketing.com alone will own all right, title and interest, including all related intellectual property rights, in and to all such Feedback and you hereby assign such Feedback to avantegardemarketing.com free of charge.
9. Third Party Links. The Websites may contain links to other websites operated by third parties. Such third party websites are not under the control of avantegardemarketing.com. avantegardemarketing.com is not responsible for the content of any third party website or any link contained in a third party website. avantegardemarketing.com provides these links only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to third party websites.
10. Requests to be Matched. avantegardemarketing.com may provide you access to certain services, such as referrals to products, services, suppliers and service providers that may be of interest to you (the "Website Services"), and to certain content provided by us or by third parties, such as news and information regarding such products, services and supplies in various industries (the "Website Content"). PLEASE READ THE FOLLOWING CAREFULLY:
    • Services. avantegardemarketing.com may provide you with the opportunity to submit requests (each, a "Request") for information on a wide variety of products and services offered by certain service providers (each such service provider, a "Service Provider"). We cannot and do not guarantee that these Service Providers will provide information for every Request received or that the Service Providers who do respond to your Request can in fact meet all of your requirements. We may reject any Request and/or elect not to forward a Request to participating Service Providers, for any reason or no reason.
    • Transfer of your information. In submitting a Request to be matched on the Website, you agree to allow us to transfer all of your information in connection with your Request to matching Service Providers, whether or not you have specifically selected such Service Provider. If any Service Provider(s) wish to provide information to you in connection with your Request, you will be contacted regarding the offerings and related pricing. Please notify the Service Provider(s) directly if you no longer wish to receive communications from them.
    • No endorsements or recommendations. In working with Service Providers, we seek to work with companies that are reputable and professional; however, we strongly recommend that you perform your own due diligence on each potential Service Provider prior to selecting and/or entering into any type of agreement or other arrangement with any particular Service Provider.
    • No substitute for professional advice. We provide all Website Content and Website Services solely for your convenience, and such Website Content and Website Services (i) are not intended as a substitute for professional advice; (ii) should not be construed as the provision of advice or recommendations; and (iii) should not be relied upon as the basis for any financial decision or action.
11. Consent to Electronic Communications. When you visit avantegardemarketing.com or send email to us, you are communicating with us electronically. You consent to receive communications from us electronically. By submitting a request to be matched with one of our third party Service Providers, you affirmatively give express written consent and agree to receive marketing communications via automated telephone dialing system and/or pre-recorded calls, text messages and email messages from avantegardemarketing.com, our preferred partners/service providers, affiliates, vendors, and their third-party partners, to the phone number and email address you provide even if you are on a federal or State Do Not Call registry.
12. SMS Alerts for Users. avantegardemarketing.com mobile alerts are marketing text messages that contain information about avantegardemarketing.com's promotions, deals, or products that may be of interest to you. By submitting your information, you expressly consent to receive recurring autodialed marketing messages from or on behalf of avantegardemarketing.com at the mobile number you provided. Message and data rates may apply. Message frequency will vary. You can cancel the SMS alerts at any time. Just text "STOP" to opt out.
13. WARRANTY DISCLAIMER. AVANTEGARDEMARKETING.COM IS PROVIDING THE WEBSITE AND THE WEBSITE CONTENT ON AN "AS IS" AND "AS AVAILABLE" BASIS FOR USE AT YOUR OWN RISK. AVANTEGARDEMARKETING.COM DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND QUIET ENJOYMENT.
14. LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PERMITTED BY LAW, AVANTEGARDEMARKETING.COM SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE WEBSITES OR THE WEBSITE CONTENT, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT AVANTEGARDEMARKETING.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ON ANY THEORY OF LIABILITY.
15. MANDATORY AGREEMENT TO ARBITRATE ON AN INDIVIDUAL BASIS ("ARBITRATION AGREEMENT")

    PLEASE READ THIS SECTION CAREFULLY - THIS ARBITRATION AGREEMENT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR FINAL BINDING ARBITRATION AND A WAIVER OF ANY AND ALL RIGHTS TO PROCEED IN A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION.

    Most concerns can be resolved by reaching out to our internal legal department by emailing [email protected]. In the event the legal department is unable to resolve a complaint to your satisfaction, this section explains how any Dispute will be resolved through arbitration.

16. Indemnification. You agree to indemnify and hold avantegardemarketing.com, its subsidiaries, affiliates, officers and employees, and Service Providers harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Website, the violation of this Agreement by you, or the infringement by you, or other user of the Website using your computer, of any intellectual property or other right of any person or entity.
17. RELEASE. YOU HEREBY RELEASE, REMISE AND FOREVER DISCHARGE AVANTEGARDEMARKETING.COM AND ITS SERVICE PROVIDERS AND EACH OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, INFORMATION PROVIDERS, SERVICE PROVIDERS, SUPPLIERS, LICENSORS AND LICENSEES, AND ALL OTHER RELATED, ASSOCIATED, OR CONNECTED PERSONS FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE AND KIND WHATSOEVER AND HOWSOEVER ARISING, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER EXIST, WHICH ARISE FROM, RELATE TO, OR ARE CONNECTED WITH YOUR USE OF THE WEBSITE.
18. Claims of Copyright Infringement. The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Website infringe your copyright, you (or your agent) may send us a notice requesting that we remove the material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA.
19. Amendment. These Terms are subject to occasional revision, and if avantegardemarketing.com makes any substantial changes, avantegardemarketing.com will notify you by sending you an e-mail to the last e-mail address you provided to avantegardemarketing.com (if any avantegardemarketing.com may have in its records) and/or by prominently posting notice of the changes on the Websites.
20. General Provisions. If any provision in these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. These Terms and any action related thereto will be governed, controlled, interpreted, and defined by and under the laws of the State of California.

These Terms were last updated: November 26, 2024

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