Richard Avelar & Associates: Terms & Conditions

Welcome to the Richard Avelar & Associates website (the "Site"). By using the Site, you agree to follow and be bound by the following terms and conditions concerning your use of the Site ("Terms of Use") and our Privacy Policy. We may revise the Terms of Use and Privacy Policy at any time without notice to you.

Areas of the Site may have different terms of use posted. If there is a conflict between the Terms of Use and terms of use posted for a specific area of the Site, the latter shall have precedence with respect to your use of that area of the Site. Notwithstanding, any Agreement between Richard Avelar & Associates and you will take sole precedence as to the terms and conditions available to the parties.

1. Use of Web Site Information

Richard Avelar & Associates or third parties own all content, materials, forms, agreements, documents and other items on the Site. With exception to the Members Only section of the Site, you may download, view, copy and print documents and graphics incorporated in these documents (the "Documents") from the Site subject to the following: (a) the Documents may be used solely for personal, informational, non-commercial purposes; and (b) the Documents may not be modified or altered in any way. Except where your use constitutes "fair use" under copyright law, you may not otherwise use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit or distribute any information from this Web site in whole or in part without the express authorization of Richard Avelar & Associates. Except as otherwise provided, copying or reproduction of any material from this site to any other location for further reproduction or redistribution is expressly prohibited. Any reproduction or redistribution of the files not in accordance with the terms and conditions herein detailed, or any relevant License Agreement with Richard Avelar & Associates is a violation of copyright law.

Trademarks: The trademarks, logos and service marks ("Marks") displayed on this Web Site are the property of Richard Avelar & Associates or other third parties. Users are not permitted to use these Marks without the prior written consent of Richard Avelar & Associates or other third parties that may own the Marks.

2. Use of Software

On occasion, Software may be disseminated from this Site. Any use of software and / or accompanying documentation you download from the Site is subject to the terms of a software license agreement between you and Richard Avelar & Associates. No download is permitted without prior written approval by Richard Avelar & Associates in the form of a Licensing Agreement. You must read the license agreement and indicate your agreement to its terms prior to installing or using the software. All rights, title and interest not expressly granted are reserved.

3. Use of Forums and Public Communication

"Forum" means a discussion group, chat area, bulletin board, news group, letter to Richard Avelar & Associates, its webmaster or employees, or e-mail function offered as part of the Site. You agree not to upload, email, post, publish or otherwise transmit through a Forum any content that: (a) is false or misleading; (b) is defamatory; (c) is harassing or invades another's privacy, or promotes bigotry, racism, hatred or harm against any group or individual; (d) is obscene; (e) infringes another's rights, including but not limited to intellectual property rights; (f) constitutes unsolicited bulk e-mail, "junk mail," "spam" or chain letters; or (g) violates any applicable laws or regulations.

Forums shall be used in a non-commercial manner only. You shall not distribute or otherwise publish any content containing a solicitation of funds, promotion, advertising, solicitation for goods or services, or other commercial matter. You agree not to solicit other users of the Site to use or join or become members of any commercial online or offline service or other organization. Except where expressly authorized by Richard Avelar & Associates, you agree not to collect or store personal data about other users.

By uploading, emailing, posting, publishing or otherwise transmitting content to any Forum or submitting any content to Richard Avelar & Associates, you automatically grant (or warrant that the owner of such rights has expressly granted) Richard Avelar & Associates a perpetual, royalty-free, irrevocable, nonexclusive right and license to use, reproduce, modify, adapt, publish, transmit and distribute such content in any form, medium, or technology now known or later developed. In addition, you warrant that all so-called moral rights in the content have been waived.

4. Passwords and Security

A Members Only section is a designated part of this Site. As a member, you are responsible for maintaining the confidentiality of any password(s) you are given to access the Site, and are fully responsible for all activities that occur under your password(s). You agree to notify Richard Avelar & Associates immediately of any unauthorized use of your password(s).

Richard Avelar & Associates is concerned about the security of personal information we have collected from you and has taken reasonable steps to prevent unauthorized access to that information. However, IN NO EVENT WILL Richard Avelar & Associates BE LIABLE TO ANY PARTY FOR ANY DAMAGES, SPECIAL, CONSEQUENCIAL, OR OTHERWISE, STEMMING FROM THE UNAUTHORIZED ACCESS OF SECURED LOCATIONS ON THIS SITE.

5. Non-Confidential Information

With exception to the information contained in the Members Only section of the Site, Richard Avelar & Associates does not want to receive, maintain, or disseminate confidential or proprietary information from you through our Site. Please note that any such information or material sent to Richard Avelar & Associates will be deemed NOT to be confidential. By sending Richard Avelar & Associates any information or material, you grant Richard Avelar & Associates an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute those materials or information, and you also agree that Richard Avelar & Associates is free to use any ideas, concepts, know-how or techniques that you send us for any purpose. However, we will not release your name or otherwise publicize the fact that you submitted materials or other information to us unless: (a) we obtain your permission to use your name; (b) we first notify you that the materials or other information you submit to a particular part of this Site will be published or otherwise used with your name on it; or (c) we are required to do so by law.

6. Termination of Use

You agree that Richard Avelar & Associates may, in its sole discretion, at any time terminate your access to the Site and any account(s) you may have in connection with the Site. Access to the Site may be monitored by Richard Avelar & Associates.

7. Third Party Web Sites, Content, Products and Services

The Site provides links to Web sites and access to content, products and services from third parties, including users, advertisers, affiliates and sponsors of the Site. You agree that Richard Avelar & Associates is not responsible for the availability of, and content provided on, third party Web sites. You should refer to the policies posted by other Web sites regarding privacy and other topics before you use them. You agree that Richard Avelar & Associates is not responsible for third party content accessible through the Site, including opinions, advice, statements and advertisements, and understand that you bear all risks associated with the use of such content. If you choose to purchase any products or services from a third party, your relationship is directly with the third party. You agree that Richard Avelar & Associates is not responsible for: (a) the quality of third party products or services; and (b) fulfilling any of the terms of your agreement with the seller, including delivery of products or services and warranty obligations related to purchased products or services. IN NO EVENT WILL RICHARD AVELAR & ASSOCIATES BE LIABLE TO ANY PARTY FOR ANY INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF A HYPERLINKED WEBSITE, INCLUDING WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM, EVEN IF WE ARE EXPRESSLY ADVISED OF SUCH POTENTIAL OR POSSIBLE DAMAGES.

8. Disclaimer

EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE, THE SITE, AND ALL CONTENT, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED ON THE SITE, ARE PROVIDED ON AN "AS IS" "WITH ALL FAULTS" AND "AS AVAILABLE" BASIS. Richard Avelar & Associates EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. RICHARD AVELAR & ASSOCIATES MAKES NO WARRANTY THAT: (A) THE SITE WILL MEET YOUR REQUIREMENTS; (B) THE SITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ANY SERVICES OFFERED THROUGH THE SITE WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS. BY USING SUCH SITE AND ALL ITS CONTENTS, YOU ASSUME THE ENTIRE RISK AS TO ITS QUALITY AND PERFORMANCE. SHOULD ANY MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED ON THE SITE PROVE DEFECTIVE, YOU AND NOT RAVELAR.COM OR ITS SUPPLIERS, OR AFFILIATES ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING AND REPAIR. ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK. RICHARD AVELAR & ASSOCIATES SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE.

RICHARD AVELAR & ASSOCIATES RESERVES THE RIGHT TO MAKE CHANGES OR UPDATES TO THE SITE AT ANY TIME WITHOUT NOTICE.

9. Limitation of Liability

IN NO EVENT SHALL RICHARD AVELAR & ASSOCIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO, OR USE OF, THE SITE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

10. Indemnity

You agree to defend, indemnify and hold harmless Richard Avelar & Associates, its officers, directors, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with your access to or use of the Site.

11. Privacy Policy

Richard Avelar & Associates is concerned about your privacy and has developed a policy to address privacy concerns. You can find the current privacy policy at www.ravelar.com/privacy.htm.

12. Note About Children

Minors are not eligible to use the Site, and we ask that they do not submit any personal information to us.

13. Export Restrictions/Legal Compliance

You may not access, download, use or export the Site, or the content, software, products or services provided on the Site in violation of U.S. export laws or regulations, or in violation of any other applicable laws or regulations.

14. Applicable Laws

All matters relating to your access to, and use of, the Site shall be governed by U.S. federal law or the laws of the State of California. Any legal action or proceeding relating to your access to, or use of, the Site shall be instituted in a state or federal court in Santa Clara County, California. You and Richard Avelar & Associates agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.

15. Copyright/Trademark Information

Richard Avelar & Associates is a registered trademark of Richard Avelar & Associates Corporation. Other names appearing on the Site may be trademarks of their respective owners.

16. Contact Information

If you have any questions regarding these Terms of Use or any questions regarding this Site, please contact Richard Avelar & Associates at info@ravelar.com.