Terms of Use

Terms of Use 

Effective Date: 07 March 2024

Last Updated: 23 April 2024

1.Welcome to Amavalon Inc. 

These Terms of Use govern your use of the Amavalon Inc. website located at www.amavaloninc.com (the “Site”), and other Amavalon Inc. branded content, media forms, channels, products, services, features, apps, mobile website, interactive properties, technologies, and software (collectively with the Site, known as the “Services”) owned and operated by Amavalon Inc. (“Amavalon”, “AMAVALON”, “Company”, “our”, “we”, “us”).

The Amavalon Inc. mission is to provide quality services to our customers to ensure their success. We work with a diverse range of clients, from Fortune 100 companies to individuals, and provide a comprehensive suite of quality services based on their needs. We strive to bridge the gap between complexity and clarity, providing expert guidance, innovative solutions, and meticulous attention to detail. Our dedication to continuous learning, transformative projects, and streamlined operations reflects our belief in empowering clients to thrive in the digital world. At Amavalon Inc., we are catalysts for positive change, committed to excellence in every aspect of our offerings.

2. Acceptance of Terms of Use

These Terms of Use are entered into by and between you and Amavalon Inc. The following terms and conditions, together with any documents that are expressly incorporated by reference (collectively “Terms of Use”, “Terms”), govern your access to and use of the Services, whether as a guest or a registered user. 

By using the Services and accessing the Site, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at https://www.amavaloninc.com/privacy-policy, incorporated herein by reference. 

If you do not agree to these Terms of Use or our Privacy Policy, then you are expressly prohibited from using the Services and you must discontinue use immediately without accessing or using any of the Services.

If you are using the Services on behalf of a business, that business also accepts these Terms of Use.

3. Changes to the Terms of Use

We reserve the right, in our sole discretion, to make changes or modifications to these Terms at any time and for any reason. Any changes will apply on a going-forward basis, and, unless we say otherwise, the amended Terms will be effective immediately. We will update the “Last Updated” date of these Terms to alert you of any changes, and you waive any right to receive specific notice of each such change. Your continued use of the Services following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you. You have the right to object to any changes at any time by ceasing your use of our Services and may cancel any subscription you have.

4. Reliance on Information Posted 

The Site, our Services, and the content contained therein is for informational and educational purposes only. The content is not intended as, and should not be used for, therapeutic, diagnostic, or prescriptive purposes, nor to prevent, treat, or cure disease. 

The Amavalon Inc. Site and Services are not intended to be a substitute for professional medical advice, diagnosis, or treatment, and can in no way replace the work of a medically trained professional. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the Site or as part of our Services. 

We cannot guarantee the reliability of information on the Site or as part of our Services, and we assume no responsibility for errors, inaccuracies, or omissions. The information or concepts contained on the Site or delivered as part of our Services must not be considered or construed in any way to be medical advice or treatment. 

We cannot be held liable for any consequences, harmful or otherwise, that may occur by using the information contained on the Site or from our Services.

5. Accessing the Services and Account Security

5.1 Access to the Services

We reserve the right to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that we will not be liable to you or any third party for any modification, suspension or discontinuance of the Services. We will not be liable if, for any reason, all or any part of the Services are unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Services, or the entire Services, to users, including registered users.

We reserve the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

The Services are accessible worldwide, but this does not mean all Services or service features are available in your country, or that User Generated Contributions (as defined below) available via the Services are legal in your country. We may block access to certain Services (or certain service features or content) in certain countries. It is your responsibility to make sure your use of the Services is legal in the country where you live.

Our Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for our Services. If we discover that you have created an account that violates these rules, we will terminate your account.

5.2 Your Account

When using our Services requires an account, you agree to provide us with complete and accurate information and to keep the information current so that we can communicate with you about your account. You agree that all information you provide to register with the Services or otherwise, including, but not limited to, through the use of any interactive features, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy. We may limit your access to our Services until we are able to verify your account information, like your email address.

You warrant that:

· You will not access the Site or our Services through automated or non-human means, whether through a script, a bot, or otherwise;

· You will not use the Site or Services for any illegal or unauthorized purpose;

· Your use of our Services will not violate any applicable law or regulation.

When you create an account, we consider that to be an inquiry about our products and services, which means that we may also contact you to share more details about what we have to offer (i.e., marketing). If you aren’t interested, you can opt out of the marketing communications, whether it’s an email, phone call, or text message.

5.3 Account Security

You are solely responsible and liable for all activity under your account. You are also fully responsible for maintaining the security of your account, which includes keeping your password secure. We’re not liable for any acts or omissions by you, including any damages of any kind incurred as a result of your acts or omissions. For example, if you get fired because of a blog post you write about your boss, that’s on you.

Don’t share or misuse your access credentials. And notify us immediately of any unauthorized uses of your account, store, or website, or of any other breach of security. If we believe your account has been compromised, we may suspend or disable it. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

We reserve the right to suspend or terminate your account and refuse any and all current or future use of the Site or our Services.

5.4 User Data

We will maintain certain data that you transmit to the Services for the purpose of managing the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. 

You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

5.5 Electronic Communications, Transactions, and Signatures

Visiting the Site, using our Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. 

YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. 

You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

6. User Conduct 

6.1 Use of the Service

The Site and the Service is solely for your personal and non-commercial use. Unless otherwise expressly authorized in writing by Amavalon Inc., you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.

The Service should not be used or relied upon for storage of your photographs, images, videos, sounds or any other content you uploaded, and you shall retain your own copies of all content posted on the Site. We have no obligation to retain any of your content for any period of time beyond what may be required by applicable law.

6.2 Prohibited Uses

You may use our Services only as permitted by law, including applicable export and re-export control laws and regulations. You must follow any policies made available to you within the Services.

As a user of our Services, you agree not to misuse our Services or engage in any prohibited activities when using our Services. You may not access or use our Services for any purpose other than that for which we make our Services available. Our Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. 

We may suspend or stop providing our Services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct. 

The following are examples of misuse of our Services and are considered prohibited activities of the Services:

· Interference with our Services or trying to access the Services using a method other than the interface and the instructions we provide;

· Systematic retrieval of data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.

· Making any unauthorized use of the Site or Services, including collecting usernames, account information, and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.

· Use of a buying agent or purchasing agent to make purchases through the Services.

· Using the Services to advertise or offer to sell goods and services.

· Circumventing, disabling, or otherwise interfering with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.

· Engaging in unauthorized framing of or linking to the Site or Services.

· Tricking, defrauding, or misleading us and/or other users, especially in any attempt to learn sensitive account information such as user passwords or other account information;

· Making improper use of our support services or submit false reports of abuse or misconduct.

· Engaging in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.

· Interfering with, disrupting, or creating an undue burden on the Site or the networks or services connected to the Site.

· Attempting to impersonate another user or person or use the username of another user.

· Selling or otherwise transferring your profile or account.

· Using any information obtained from the Services in order to harass, abuse, or harm another person or entity.

· Using the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavor or commercial enterprise.

· Renting, leasing, loaning, selling, or reselling the Services, the Content, or related data.

· Reverse engineering, deciphering, decompiling, disassembling, or otherwise attempting to derive the source code for the Services, any of the software comprising or in any way making up a part of the Services, or any related technology that is not open source;

· Attempting to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.

· Harassing, annoying, intimidating, or threatening any of our employees or agents engaged in providing any portion of the Services.

· Deleting the copyright or other proprietary rights notice from any Content.

· Copying or adapting any portion of the Service software, including but not limited to Flash, PHP, HTML, JavaScript, database structures, or other code.

· Uploading or transmitting (or attempting to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Services, or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.

· Uploading or transmitting (or attempting to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).

· Except as may be the result of standard search engine or Internet browser usage, using, launching, developing, or distributing any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or using or launching any unauthorized script or other software.

· Disparaging, tarnishing, or otherwise harming, in our opinion, us and/or the Site, our Services, and/or the Content.

· Using the Services in a manner inconsistent with any applicable laws or regulations.

7. Disputes Between Users

You agree that you are solely responsible for your interactions with any other user in connection with the Service and we will have no liability or responsibility with respect thereto. We reserve the right, but have no obligation, to become involved in any way with disputes between you and any other user of the Service.

8. Intellectual Property

8.1 Amavalon Inc.’s Intellectual Property Rights

Unless otherwise indicated, the Services are our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions. 

The Content and the Marks are provided within our Services “AS IS” for your information and personal use only. Except as expressly provided in these Terms, no part of our Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Using our Services does not give you ownership of any intellectual property rights in our Services or the Content you access. You may not use the Content from our Services unless you obtain permission from us. These terms do not grant you the right to use any branding or logos used by our Services. You are expressly prohibited from removing, obscuring, or altering any legal notices displayed in or along with our Services.

Provided that you are eligible to use our Services, you are granted a limited license to access and use our Services and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you as pertains the Site, the Services, the Content and the Marks.

Our Services are provided “as is.” Amavalon Inc. and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, to the maximum extent allowed by applicable law, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Amavalon Inc., nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.

8.2 Other Trademarks, Service Marks, Graphics and Logos

Our Site and Services may display some content that is not ours. This content is the sole responsibility of the entity that makes it available. We may review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law. But that does not necessarily mean that we review content, so please do not assume that we do.

Other trademarks, service marks, graphics, and logos used in connection with our Services may be the trademarks of other third parties. Using our Services doesn’t grant you any right or license to reproduce or otherwise use any of our trademarks or third-party trademarks.

8.3 User Generated Contributions

The Site may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions", “Contribution”, “User Contributions”). 

Please be responsible in what you publish. In particular, make sure that nothing prohibited (like spam, viruses, or serious threats of violence) appear in your Contributions.

Contributions may be viewable by other users of our Services and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:

· the creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party;

· you are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Services, and other users of the Services to use your Contributions in any manner contemplated by the Services and these Terms;

· you have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Services and these Terms;

· your Contributions are not false, inaccurate, or misleading;

· your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation;

· your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us in our sole discretion);

· your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone;

· your Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another;

· your Contributions do not violate any applicable law, regulation, or rule;

· your Contributions do not violate the privacy or publicity rights of any third party;

· your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner;

· your Contributions do not violate any federal or state law concerning child pornography, or otherwise intended to protect the health or well-being of minors;

· your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap;

· your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms, or any applicable law or regulation.

Any use of the Services in violation of the foregoing violates these Terms and may result in, among other things, termination or suspension of your rights to use the Services. 

Removing Contributions. If you delete Contributions, we’ll use reasonable efforts to remove it from public view, but you acknowledge that cached versions of the Contributions may not be immediately or permanently removed, and references to the Contributions may not be removed.

8.4 Contribution License

License. By posting your Contributions to any part of the Site, or making Contributions accessible to the Services by linking your account from the Services to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us a worldwide, royalty-free, fully-paid, unrestricted, unlimited, irrevocable, perpetual, transferable, sub-licensable, and non-exclusive right and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels. This license also allows us to make any publicly-posted Contributions available to select third parties (through AIOSEO, for example) so that these third parties can analyze and distribute (but not publicly display) the Contributions through their services. You also give other users permission to share your Contributions on other websites and add their own Contributions to it (e.g., “reblog” your Contributions), so long as they use only a portion of your Contributions and they give you credit as the original author by linking back to your Contributions.

This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions. 

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area of the Services. 

You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions. 

We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Site; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.

8.5 Guidelines for Reviews

We may provide you areas in the Services to leave reviews or ratings. When posting a review, you must comply with the following criteria: 

· you should have firsthand experience with the person/entity being reviewed; 

· your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language; 

· your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; 

· your reviews should not contain references to illegal activity; 

· you should not be affiliated with competitors if posting negative reviews; 

· you should not make any conclusions as to the legality of conduct; 

· you may not post any false or misleading statements; 

· you may not organize a campaign encouraging others to post reviews, whether positive or negative. 

We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. 

We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.

8.6 Submissions 

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Services ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. 

You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions. 

8.7 Digital Millennium Copyright Act (DMCA) Notice and Policy

8.7.1 Notifications

We respect the intellectual property rights of others. If you believe that any material available on or through our Services infringes upon any copyright you own or control, please immediately notify us at info@amavaloninc.com (a “Notification”). 

A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. 

All Notifications should meet the requirements of DMCA 17 U.S.C. § 512(c)(3) and include the following information: 

· A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; 

· identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Site are covered by the Notification, a representative list of such works on the Site; 

· identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; 

· information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted; 

· a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; 

· a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed upon.

Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Site infringes your copyright, you should consider first contacting an attorney.

8.7.2 Counter Notification

If you believe your own copyrighted material has been removed from the Site as a result of a mistake or misidentification, you may submit a written counter notification to us at info@amavaloninc.com (a “Counter Notification”). 

To be an effective Counter Notification under the DMCA, your Counter Notification must include the following information: 

· identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled; 

· a statement that you consent to the jurisdiction of the Federal District Court in which your address is located, or if your address is outside the United States, for any judicial district in which we are located; 

· a statement that you will accept service of process from the party that filed the Notification or the party's agent; 

· your name, address, and telephone number; 

· a statement under penalty of perjury that you have a good faith belief that the material in question was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; 

· your physical or electronic signature.

If you send us a valid, written Counter Notification meeting the requirements described above, we will restore your removed or disabled material, unless we first receive notice from the party filing the Notification informing us that such party has filed a court action to restrain you from engaging in infringing activity related to the material in question.

Please note that if you materially misrepresent that the disabled or removed content was removed by mistake or misidentification, you may be liable for damages, including costs and attorney's fees. Filing a false Counter Notification constitutes perjury.

9. Monitoring and Enforcement; Termination

We reserve the right, but not the obligation, to: 

· monitor the Services for violations of these Terms; 

· remove any User Contributions, Reviews, and/or Submissions for any or no reason, in our sole discretion;

· take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Services or the public or could create any liability for Amavalon Inc.;

· disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy;

· take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services;

· terminate or suspend your access to all or part of the Services for any or no reason, including without limitation, (i) any violation of these Terms of Use, (ii) if you fail to pay any fees that you owe, (iii) if you file or submit fraudulent chargeback requests, (iv) if we suspect that you engage in fraudulent or illegal activities, or (v) for any other reason in our reasonable sole discretion;

· in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; 

· in our sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; 

· otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.

You agree that any termination of your access to the Service under any provision of this Terms of Use may be brought about without prior notice to you, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or ban any further access to such files or the Service. Further, you agree that we will not be liable to you or any third party for any termination of your access to the Service.

Without limiting the preceding statements, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Services. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES. However, we do not undertake to review material before it is posted on the Service, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

10. Linking to the Services and Social Media Features

You may link to the Site, 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.

The Services may provide certain social media features that enable you to:

· Link from your own or certain third-party websites to certain content on this Site.

· Send emails or other communications with certain content, or links to certain content, on this Site.

· Cause limited portions of content on this Site to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us and solely with respect to the content they are displayed with. Subject to the foregoing, you must not:

· Establish a link from any website that is not owned by you.

· Cause the Site or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.

· Link to any part of the Site other than the homepage.

· Otherwise take any action with respect to the materials on this Site that is inconsistent with any other provision of these Terms of Use.

Please remember that the manner in which social media services use, store and disclose your information is governed solely by the policies of such third parties, and we shall have no liability or responsibility for the privacy practices or other actions of any third-party site or service that may be enabled within the Service.

In addition, we are not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with social media services. As such, we are not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such social media services. We enable these features merely as a convenience and the integration or inclusion of such features does not imply an endorsement or recommendation.

You agree to immediately cooperate with us to cease any unauthorized framing or linking. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our sole discretion.

11. Links from the Services

11.1 Third-Party Websites and Third-Party Content

The Site may contain (or you may be sent via the Services) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content"). 

Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Services or any Third-Party Content posted on, available through, or installed from the Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. 

We haven’t reviewed, and can’t review, Third-Party Websites or Third-Party Content that link to, or are linked from, our Services. We’re not responsible for any use or effects of Third-Party Websites or Third-Party Content. 

We don’t have any control over Third-Party Websites or Third-Party Content.

A link to or from one of our Services does not represent or imply that we endorse any Third-Party Websites or Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply our approval or our endorsement. If you decide to leave our Site/our Services and access Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms no longer govern.

We don’t represent that Third-Party Content is accurate, useful, or not harmful. Content could be offensive, indecent, or objectionable; include technical inaccuracies, typographical mistakes, or other errors; or violate or infringe the privacy, publicity rights, intellectual property rights, or other proprietary rights of third parties.

We aren’t responsible for any harm resulting from anyone’s access, use, purchase, or downloading of Third-Party Content, or for any harm resulting from Third-Party Websites or Third-Party Content. You’re responsible for taking the necessary precautions to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites. 

Please note that additional Third-Party Websites or Third-Party Content terms and conditions may apply to Third-Party Content you download, copy, purchase, or use. It is your responsibility to review the applicable terms and policies, including privacy and data gathering practices, of any Third-Party Website or Third-Party Content to which you navigate from our Services or relating to any applications you use or install from the Services. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. 

11.2 Third-Party Services

While using our Services, you may enable, use, or purchase services, products, software, embeds, or applications (like extensions, plugins, blocks, or point-of-sale terminals) provided or manufactured by a third party or yourself (“Third-Party Services”).

If you use any Third-Party Services, you understand that:

· Third-Party Services aren’t vetted, endorsed, or controlled by us.

· Any use of a Third-Party Service is at your own risk, and we won’t be responsible or liable to anyone for Third-Party Services.

· Your use is solely between you and the respective third party (“Third Party”) and is governed by the Third Party’s terms and policies.

· Some Third-Party Services may request or require access to your data through things like pixels or cookies. If you use the Third-Party Service or grant them access, the data will be handled in accordance with the Third-Party’s privacy policy and practices, which you should carefully review before you use any Third-Party Services. Third-Party Services may not work appropriately with our Services and we may not be able to provide support for issues caused by any Third-Party Services.

· If you have questions or concerns about how a Third-Party Service operates or need support, contact the Third-Party directly.

· We make no warranties about Third-Party Services and will have no responsibility or liability for any damages resulting from your use of Third-Party Services. 

· We are not a party to, and will have no responsibility or liability for, any communications, transactions, interactions, or disputes between you and the provider of any Third-Party Services. 

11.3 Affiliate Marketing

We take part in affiliate marketing. Affiliate income makes it possible for the Site and our Services to exist and operate. All affiliated companies and their services use cookies to generate and track affiliate sales. 

We display affiliate marketing and other information in certain areas of the Services, such as sidebar advertisements, banner advertisements, and links. If you choose to follow one of these links and make a purchase, we will earn a small commission paid to us by the affiliate company, and at no expense to you. The commission we make from affiliate sales help us provide the Services and provide regular, quality value to you. So, thank you for your support!

To comply with U.S. Federal Trade Commission (FTC) regulations, we may provide a legally compliant disclosure at the link level (for example, "(paid link)", "#ad", #CommissionsEarned". The link-level disclosure is placed near any affiliate link or product review in a conspicuous location the Site visitor will notice easily. You agree to hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from the omission of link level disclosures. 

Any Third-Party Content or Third-Party Services that is for sale through any of our Services is the Third-Party Content or Third-Party Services seller’s sole responsibility, so you must look solely to the Third-Party Content or Third-Party Services seller for any damages that result from your purchase or use of Third-Party Content or Third-Party Services. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services.

We are not a party to, and will have no responsibility or liability for, any communications, transactions, interactions, or disputes between you and the provider of any Third-Party Websites or Third-Party Content. 

11.4 Advertisers

We allow advertisers to display their advertisements and other information in certain areas of the Services, such as sidebar advertisements or banner advertisements.  We simply provide the space to place such advertisements, and we have no other relationship with advertisers. 

If you are an advertiser, you take full responsibility for any advertisements you place on the Site and any services provided on the Site or products sold through those advertisements. 

As an advertiser, you warrant and represent that you possess all rights and authority to place advertisements on the Site, including, but not limited to, intellectual property rights, publicity rights, and contractual rights.

As an advertiser, you agree that such advertisements are subject to our Digital Millennium Copyright Act (“DMCA”) Notice and Policy provisions as described in these Terms, and you understand and agree there will be no refund or other compensation for DMCA takedown-related issues.

12. Privacy Policy

We care about data privacy and security. Our Privacy Policy located at https://www.amavaloninc.com/privacy-policy/ describes how we handle the information you provide us when you use our Services. You understand that through your use of the Services you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing, and use by us. By using our Services, you agree to be bound by our Privacy Policy, which is incorporated into these Terms. 

Please be advised the Services are hosted in the United States. The United States may not offer a level of privacy protection as great as that offered in other jurisdictions. By using our Services, you understand and consent to the collection, storage, processing, and transfer of your data to our facilities in the United States and those third parties we share your data with as described in these Terms and our Privacy Policy.

If you access our Services from the European Union, Asia, or any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Services, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States. 

We do not knowingly accept, request, or solicit information from children or knowingly market to children. Therefore, in accordance with the U.S. Children’s Online Privacy Protection Act, if we receive actual knowledge that anyone under the age of 13 has provided personal information to us without the requisite and verifiable parental consent, we will delete that information from the Services as quickly as is reasonably practical.

13. Term and Termination

These Terms shall remain in full force and effect while you use the Site and our Services. 

Without limiting any other provision of these Terms, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of all or any part of the Services (including blocking certain IP addresses), to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these Terms or of any applicable law or regulation. We may terminate your use or participation in our Services or delete your account an any content or information that you posted at any time, without warning, in our sole discretion. We have the right (though not the obligation) to (i) reclaim your account username due to prolonged inactivity, (ii) refuse or remove any content that, in our reasonable opinion, violates any part of these Terms or any Site or Services policy, or is in any way harmful or objectionable, (iii) terminate or deny access to and use of any of our Services to any individual or entity for any reason. We will have no obligation to provide a refund of any fees previously paid. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.

In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

You can stop using our Services at any time, or, if you use a Paid Service, you can cancel at any time, subject to the Paid Services section of these Terms.

14. Modifications and Interruptions

We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We also reserve the right to modify or discontinue all or part of the Services without notice at any time. 

We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services. 

We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. 

We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. 

Nothing in these Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.

There may be information on the Services that contains typographical errors, inaccuracies, or omissions that may relate to the Services, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.

15. Geographical Restrictions

You warrant that you (as an individual or as a representative of any entity on whose behalf you use the Services) are not located in, or a resident of, any country that is subject to applicable U.S. trade sanctions or embargoes (such as Cuba, Iran, North Korea, Sudan, Syria, or the Crimea region of Ukraine). You also warrant that you are not a person or entity who is named on any U.S. government specially designated national or denied-party list. If you become subject to such a restriction, you will notify us within 24 hours, and we will have the right to terminate any further obligations to you, effective immediately and with no liability to you.

16. Paid Services; Fees

16.1 Fees for Paid Services. 

Some of our Services are offered for a fee, like certain Content, courses, digital downloads, goods, private group discussions, training services, consultation services, and one-on-one coaching sessions (collectively, “Paid Services”, “Paid Service”). This section applies to any purchases of Paid Services. By using Paid Services, you agree to pay the specified fees for content that you purchase, and you authorize us to charge you for the Services with your selected payment method. The fees will be charged whether you use the purchased Services or not. You are responsible for paying all fees charged by us and any applicable taxes in a timely manner. We reserve the right to disable or remove access to any content for which we have not received adequate payment.

Depending on the Paid Service, there may be one-time fees, revenue-based fees, or recurring subscription plan fees. For recurring subscription plan fees (“Subscription”, “Subscriptions”), your Subscription Plan begins on your purchase date, and we will bill or charge you in the automatically-renewing interval you select (such as monthly, annually, or biennially), on a pre-pay basis until you cancel, which you can do at any time by contacting us. Please refer to section 16.6 for additional terms related to Subscriptions.

Fees may vary based on your location and other factors. If you are logged into your account, the currency you will see is based on your location when you created your account. However, the final fees charged to you will always be calculated in US dollars; therefore, the final fees charged to you may vary depending on prevailing currency exchange rates offered by our payment providers. 

16.2 Taxes

To the extent permitted by law, or unless explicitly stated otherwise, all fees do not include applicable federal, provincial, state, local or other governmental sales, value-added, goods and services, harmonized or other taxes, fees, or charges (“Taxes”). You are responsible for paying all applicable Taxes relating to your use of our Services, your payments, or your purchases. If we’re obligated to pay or collect Taxes on the fees you’ve paid or will pay, you’re responsible for those Taxes, and we may collect payment from you.

16.3 Payment

You shall provide us with information regarding your credit card or other payment instrument. By providing your payment information, you authorize us to store it until you request deletion. You represent and warrant that (a) such information is true, accurate, current and complete and that you are authorized to use this payment instrument and (b) you shall maintain and promptly update such information to keep it true, accurate, current and complete. You agree that we may update your payment methods using information provided to us by our payment service providers (e.g., new expiration date) and you authorize us to continue to charge the then-applicable fees to your updated payment method. You authorize us to charge any other payment methods provided if we can’t charge your primary payment method.

If your payment fails, we suspect fraud, or Paid Services are otherwise not paid for or paid for on time (for example, if you contact your bank or credit card company to decline or reverse the charge of fees for Paid Services), we may immediately cancel or revoke your access to Paid Services without notice to you.

16.4 Fees and Changes 

We may change our fees at any time in accordance with these Terms and requirements under applicable law. This means that we may change our fees going forward, start charging fees for Services that were previously free, or remove or update features or functionality that were previously included in the fees. If you don’t agree with the changes, you must cancel your Paid Service.

Please note that due to mobile platform providers’ pricing systems and their policies, sometimes the price of content offered on our Site may not be the same as the price offered on our mobile applications.

16.5 Refunds

We may have a refund policy for some of our Paid Services, and we’ll also provide refunds if required by law. In all other cases, such as digital downloads, all sales are final and there are no payment refunds or exchange of items once a purchase is complete.  

We also have a “no-show policy” for some Paid Services that require your participation (for example, our online course sessions, group sessions, one-on-one sessions, and training services). This means that if you don’t show up for, don’t participate in, or are late for a scheduled session, you’ll still be charged for the Paid Service and won’t be entitled to a refund. If you have purchased group-based services, for example, online course sessions, private group discussions, training services, consultation services, and coaching sessions for a two or more attendees, the “no show” policy still applies regardless of the number of attendees originally booked.

Please note that our refund policy differs between one-time payments for Paid Services and Subscription plans (please refer to section 16.1.6 for Subscriptions). However, the following guidelines apply to both: 

(i) Refunds are not available for accounts which violate this Terms of Use or, according to our sole and absolute discretion, are otherwise objectionable; 

(ii) If we determine that you are abusing our refund policy, we reserve the right to suspend or terminate your account and refuse or restrict any and all current or future use of the Service without delivering a refund; 

(iii) To request a refund please contact us at info@amavaloninc.com;

(iv) We will apply your refund to your original payment method; 

(v) Unfortunately, at this time, we are unable to offer partial refunds for your purchases.

If, within the first 7 (seven) days after you have purchased a Paid Service, you become dissatisfied, we will refund the full amount of your Paid Service, and subsequently terminate your Paid Service and additionally remove access to any Services and benefits you may have accessed under the Paid Service. Refunds will not be available if requested after this 7-day period. Due to possible currency exchange rate fluctuations with your local currency and the US dollar, the refunded amount may be slightly higher or lower than your original paid amount.

In addition to the above, if you purchase a course or purchase any other paid service through a mobile or third-party marketplace (for example, you make purchases through the Apple or Google Play App Store), the refund policy applicable to that third-party marketplace will apply, unless otherwise explicitly stated by us. Except as otherwise explicitly stated by us, the third-party marketplace will be solely responsible for making refunds under its refund policy and we will have no refund obligations. We disclaim any responsibility or liability related to any third-party marketplace's refund policy or the third-party's compliance or noncompliance with such policy.

If you reserve a consultation appointment or training session utilizing our appointment scheduling tool (“book an appointment”), you authorize us to charge you for the Services with your selected payment method at the time you book an appointment. This secures the date and time of the appointment to meet with one of our subject experts. Using the appointment scheduling tool, you can schedule, reschedule, and cancel appointments on your own, based on the type of appointment you have booked. When you book an appointment, you will be asked to confirm you authorize us to charge you and that you agree to the appointment booking, cancellation, and refund terms and conditions specific to the type of appointment you have booked. See Appointment Terms of Use at https://amavaloninc.com/appointment-terms-of-use for addition information.

16.6 Subscriptions

This section covers additional terms that apply to your use of any Subscription that we may offer with respect to our Services. By using a Subscription, you agree to the additional terms in this section.

Subscription: During your subscription to a recurring fee subscription plan, you get a limited, non-exclusive, non-transferable license from us to access and view the content included in that Subscription via the Services. The Subscription that you purchase or renew determines the scope, features, term and price of your access to that Subscription. You may not transfer, assign, or share your Subscription with anyone else. Your Subscription will be valid for the agreed term and then will be automatically renewed according to your Subscription settings (e.g., monthly or annually) unless you cancel your Subscription with prior notice to the end of your Subscription term.

Fees and payments: The Subscription fee will be listed at the time of your purchase. You shall pay the fee using the offered payment methods we provide for any Subscription. If you select Services with an automatic renewal feature, you authorize us to maintain your account information and you authorize us to automatically charge the then-applicable Fees and Taxes for each subsequent subscription period with no further action required by you until the subscription is canceled. If you received a discount, used a coupon code, or subscribed during a free trial or promotion, your Subscription will automatically renew for the full price of the Subscription at the end of the discount period. This means that unless you cancel a Subscription, it will automatically renew and we will charge your payment method(s). You must cancel your Subscription at least one month before the scheduled end date of any annual Subscription and at least 24 hours before the end of any shorter Subscription period. The date for the automatic renewal is based on the date of the original purchase and cannot be changed. If you’ve purchased access to multiple Services, you may have multiple renewal dates. You can view your renewal date(s), cancel, or manage Subscriptions in your account settings or by contacting us.

In the event that we are unable to charge your account as authorized by you when you enrolled in Services with an auto renewal feature, we shall suspend your access to such Services until payment is received. For those Services with an automatic renewal feature, we may also change the price for those services and will communicate any price changes to you in writing. Price changes will take effect at the start of the next subscription period following the date of the price change. As permitted by local law, you accept the new price by continuing to use the Services after the price change takes effect. If you do not agree with the price changes, you have the right to reject the change by canceling your Subscription before the price change goes into effect. Therefore, please make sure you read any such notification of price changes carefully. 

Refunds and cancellations: If, within the first 14 days after you have purchased your Subscription, you become dissatisfied, we will refund the full amount of your Subscription, and subsequently terminate your Subscription and additionally remove access to any Services and benefits you may have accessed under the Subscription. Refunds will not be available if requested after this 14-day period, although you may cancel your Subscription at any time. If you cancel your Subscription, you will continue to have access to the Subscription services until the end of your current Subscription period. While your Subscription will not be renewed, we will not refund any Subscription fees previously paid to us.

16.7 European Users 

You have the right to withdraw from the transaction within fourteen (14) days from the date of the purchase without giving any reason as long as your purchase was not of a customized nature, the Service has not been fully performed, or subject to other limitations as permitted by law. For digital content, you agree that any purchase of digital content will be made available to you immediately and as a result you waive any right of withdrawal to such content. If you cancel this contract, we will reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your cancellation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; you will not be charged for this repayment. If you have requested that we begin our services during the withdrawal period, you will pay us a reasonable amount corresponding to the services already provided up to the time you notify us of the exercise of the withdrawal right compared to the total scope of the services provided for in the contract. If you cancel your contract with us, you will refrain from using the digital content or digital services or making them available to third parties. You may exercise your right to withdrawal by sending a clear, written request via email to: Amavalon Inc. Customer Support at info@amavaloninc.com.

16.8 Promotions 

We occasionally run promotions and sales for our content, during which certain content is available at discounted prices for a set period of time. The price applicable to the content will be the price at the time you complete your purchase of the content.

17. Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the Internet or the Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. 

THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, DENIAL-OF-SERVICE ATTACK, TROJAN HORSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. 

As with the purchase of a product or service through any medium or in any environment, you should use your best judgement and exercise caution where appropriate. 

18. Limitation of Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL AMAVALON INC., ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

IN NO EVENT WILL AMAVALON INC.’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID AMAVALON INC. IN THE LAST SIX (6) MONTHS, OR, IF GREATER, FIFTY DOLLARS ($50).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.

19. Indemnification

You agree to indemnify and hold harmless Amavalon Inc., its contractors, subsidiaries, affiliates, licensors, and all respective officers, agents, partners, contractors, and employees, from and against any loss, damage, liability, cost, expense, claim, or demand, including attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your User Contributions; (2) use of the Services; (3) breach of these Terms; (4) any breach of your representations and warranties set forth in these Terms; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Services with whom you connected via the Services. 

Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

20. Governing Law and Jurisdiction

All matters relating to the Services and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of Orange County, State of California, United States excluding its conflict of law provisions and the application of the United Nations Convention of Contracts for the International Sale of Goods, and the proper venue for any disputes arising out of or relating to the Agreement and any access to or use of our Services will be the state and federal courts located in Orange County, California, U.S.A. Nothing in this Agreement affects your rights as a consumer to rely on mandatory provisions in your country of residence.

You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts. We retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country.

The information provided through our Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

The Services are not tailored to comply with industry-specific regulations (for example, Federal Information Security Management Act (FISMA), Health Insurance Portability and Accountability Act (HIPAA), so if your interactions would be subjected to such laws, you may not use the Services. You may not use the Services in a way that would violate the Gramm-Leach-Bliley Act (GLBA).

21. Dispute Resolution

21.1 Generally

In the interest of resolving disputes between you and Amavalon Inc. in the most expedient and cost-effective manner, you and Amavalon Inc. agree that any dispute arising out of or in any way related to these Terms of Use, your use of the Site or the Services or the purchase, receipt, order or use any of any Paid Services will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and arbitrators can award the same damages and relief that a court can award. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

21.2 Exceptions

Despite the provisions of the Section entitled “Generally” directly above, nothing in these Terms of Use will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (b) seek injunctive relief in a court of law; or (c) to file suit in a court of law to address an intellectual property infringement claim.

21.3 Arbitrator

Any arbitration between you and Amavalon Inc. will be governed by the Federal Arbitration Act, and governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms of Use, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.

21.4 Notice; Process

A party who intends to seek arbitration must first send a written notice of the dispute to the other party by U.S. Mail or electronic mail (“Notice”). Amavalon Inc.’s address for Notice is: Amavalon Inc., 12337 Seal Beach Blvd. #1036, Seal Beach, CA 90740, United States or info@amavaloninc.com. The Notice must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice is received, you or Amavalon Inc. may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Amavalon Inc. must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. 

21.5 Fees

If you commence arbitration in accordance with these Terms of Use, Amavalon Inc. will reimburse you for your payment of the filing fee, unless your claim is for more than $15,000 or as set forth below, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in Orange County, California, United States. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or 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. In that case, you agree to reimburse Amavalon Inc. for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.

21.6 No Class Actions

YOU AND AMAVALON INC. 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, unless both you and Amavalon Inc. agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

21.7 Modifications to this Arbitration Provision

If Amavalon Inc. makes any future change to this arbitration provision, other than a change to Amavalon Inc. address for notice, you may reject the change by sending us written notice within 30 days of the change to Amavalon Inc.’s address for notice, in which case this arbitration provision, as in effect immediately prior to the changes you rejected, will continue to govern any disputes between you and Amavalon Inc.

21.8 Enforceability

If the Section entitled “No Class Actions” is found to be unenforceable or if the entirety of this Section is found to be unenforceable, then the entirety of this Section will be null and void and, in that case, both you and Amavalon Inc. agree that the exclusive jurisdiction and venue described directly below will govern any action arising out of or related to these Terms of Use or your use of or access of the Site, the Services or the purchase, receipt, order of a course.

22. Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SERVICE MUST BE COMMENCED WITHIN SIX (6) MONTHS AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

23. Waiver and Severability 

No waiver by Amavalon Inc. of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Amavalon Inc. to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

24. No Third-Party Beneficiaries and Assignment

You agree that, except as otherwise expressly provided in this Terms of Use, there shall be no third-party beneficiaries to this agreement. You may not assign this Terms of Use without the prior written consent of Amavalon Inc., but Amavalon Inc. may assign or transfer this Terms of Use, in whole or in part, without restriction.

25. Entire Agreement

The Agreement (together with any other terms we provide that apply to any specific Service) constitutes the entire agreement between Amavalon Inc. and you concerning our Services. If any part of the Agreement is unlawful, void, or unenforceable, that part is severable from the Agreement, and does not affect the validity or enforceability of the rest of the Agreement. A waiver by either party of any term or condition of the Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.

Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. 

These Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. 

There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms or use of the Site or Services. You agree that these Terms will not be construed against us by virtue of having drafted them. 

You hereby waive any and all defenses you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms.

26. Language

These Terms were originally written in English (US). We may translate these terms into other languages, and in the event of a conflict between a translated version of these Terms and the English version, the English version will control.

27. California Users and Residents

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

28. Your Comments and Concerns

We love hearing from you and are always looking to improve our Services. When you share comments, ideas, or feedback with us, you agree that we’re free to use them without any restriction or compensation to you. Please send any feedback, comments, requests for technical support, and any other communications relating to the Services to us by emailing info@amavaloninc.com.