Avangardist.pro's Terms of Service
Terms of Service
Last updated: July 26, 2021
These Terms of Service (“Terms” or “Agreement”) are a contract between you (the Customer) and us (“Avangardist.pro”, “we”, “Platform”), those who possess the Platform. They describe the services provided when you sign up for an account with us, define aspects of our business relationship, and set forth the terms and conditions that apply to your access to and use of the websites, products, and services owned and operated by Platform using our Subscription Services or signing up for a Free Account/Free Plan indicates agreement with, and acceptance of, these Terms.
THE CUSTOMER IS SOLELY RESPONSIBLE FOR THE RESULT OF THE TRANSLATION OF THIS AGREEMENT TO THE OFFICIAL LANGUAGE OF THE NATIVE COUNTRY FOR ANY REASON.
This is a legal contract, so if you are entering into this agreement on behalf of a company, government agency, organization, or other legal entity, you represent that you have the authority to bind such entity to these Terms. (In this case, “you” and “your” would then refer to the entity.)
We will not knowingly accept this Agreement from anyone under the proper legal age for using the Platform, or who lacks the capacity to understand these Terms. Neither will we knowingly collect their Personal Data or Information, as defined below.
Account: An Account is created when an individual, company, or other entity, or any representative of such, signs up to the Avangardist.pro platform with a username (email), password and any data required for such action. Accounts may contain Content, Materials, pages, popups, sticky bars, and other features Avangardist.pro may add from time to time. Accounts can either be free (called “Free Subscription”, “Free Plans” or “Free Accounts”) or paid.
Account Owner: The person company, corporation, organization, or other entity whose name appears on the credit card (or name, provided by the payment-processing vendor) that pays for the Avangardist.pro Subscription.
Add-On: Client sub-accounts, users, domains, and other features we may develop in the future that you have the option of adding to your Account based on Subscription level, which may or may not include an additional fee.
Aggregated Data: Data that does not contain Personal Data and which has been manipulated or combined to provide generalized, anonymous information.
Agreement: These Terms of Service and any materials, contracts, conditions, or other documents referenced or linked to herein, without limitation.
Beta Test: May include, but is not limited to, alterations to the Services, modifications to how the Services are offered or provided, and changes to the software; usually designed to test for bugs, usability issues, or to evaluate user experience.
Business ID: Part of the URL (directory for Customer pages) at the Avangardist.pro's host that is unique and binds to the Customer.
Cancellation/Downgrade to Free: Removing subscription fees and paid features from an Account.
Claims: An assertion of entitlement to monetary, proprietary, or other judicially-enforceable redress.
Commercial Electronic Messages: Emails containing newsletters, blogs, and other marketing materials.
Commercial Partners: A company with which Avangardist.pro has established a professional relationship, via a partnership contract or other legally binding agreement.
Confidential Information: Any information marked confidential, identified as confidential at the time of disclosure, or that ought reasonably to be considered confidential, whether received in writing, visually, electronically, or orally. Confidential information includes, but is not limited to: technical information, marketing and business plans, databases, specifications, formulations, tooling, prototypes, sketches, models, drawings, procurement requirements, engineering information, samples, computer software (source and object codes), forecasts, identity of or details about actual or potential Customers or projects, techniques, inventions, discoveries, know-how and trade secrets. “Confidential Information” also includes all such business or technical information of any Third Party that is in Avangardist.pro’s possession.
Content: Includes but is not limited to text, images, logos, documents, HTML, PHP, ECMAscript, CSS, and other codes and intellectual property that are either open-source or owned by or licensed to you, and that you have added to your Account.
Customer: Any person, organization, or other entity that has signed up for any type of Account.
Customer Goods: Products or services owned and sold by our Customers.
Feedback: Comments received orally, in writing, or electronically, from current, past, or potential Customers. Feedback may include (but is not limited to) ideas, suggestions, concepts, processes, techniques, questions, answers, codes/scripts, and other comments related to our Services, the Site, features, customers, Customer Support, documentation, our business, affiliates, partners, licensors, or employees.
Hosted Site: Any website hosted by us for you as part of the Services.
Inactive User: An Avangardist.pro Account owner, on a Free Subscription, who has not logged in for twelve (12) months or sixty (60) months for paid Subscription.
Indemnified Parties: Avangardist.pro, its subsidiaries, affiliates, co-branders, licensors, all third-party advertisers, technology providers, service providers or other partners, and each of their respective officers, directors, agents, shareholders, employees, and representatives.
Landing Page: Avangardist.pro means a Web-site as a Landing Page. It may consist of index page (with “.html” extension), CSS (Cascading Style Sheets), different scripts and plugins. Mostly Landing Page designed as a high-conversion Website.
Licensors: Any company, individual, or other entity from which Avangardist.pro has licensed the use of its hardware, software, services, or other products and intellectual property.
Materials: Anything provided by or through Avangardist.pro, its affiliates, subsidiaries, employees, agents, licensors, or other commercial partners including, but not limited to, software, informational text, documentation, design of and “look and feel,” layout, photographs, graphics, audio, video, messages, interactive and instant messaging, design and functions, files, documents, images, or other materials, whether publicly posted or privately transmitted as well as all derivative works thereof.
Monitor/Monitoring: Oversight into Customer behavior (including but not limited to how the Site and Services are being used and the Content added to Accounts), examination of traffic to specific pages, the functioning of the Site and Services, and other investigatory processes as needed, whether conducted via software/electronically or by Avangardist.pro employees.
Page Builder: Avangardist.pro’s page creation and editing platform, where your pages, popups, and sticky bars are constructed.
Personal Information/Personal Data: Information about an identifiable individual, as defined in British Columbia’s Personal Information Protection Act [SBC 2003] Chapter 63 and General Data Protection Regulation (GDPR) Article 4.
Profile/Profile Information: All information in the “Your Profile” section of the application, including, but not limited to, full name, email address, password, profile picture, newsletter features, and subscription level.
Providing Services: Access to and support for the Avangardist.pro platform, including the Page Builder, MyLanding App, Page Overview, and other features available within each Subscription/Account level.
Sensitive Information: Credit or debit card numbers; personal financial information; Social Security/Social Insurance Numbers; passport numbers; driver’s license numbers or similar identifiers; racial or ethnic origin; religious affiliation; sexual orientation; physical or mental health condition or information; biometric information; political affiliation; membership in a union; or other employment, financial or health information, including any information subject to regulations, laws, or industry standards designed to protect data privacy and security.
Services: The Avangardist.pro platform/application, and all features therein, including but not limited to: Avangardist.pro’s application program interface (API), lead collection, storage, and transfer capabilities, and the ability to create, publish, and A/B test customizable landing pages, websites, popups, and sticky bars.
Site: The Avangardist.pro website (www.avangardist.pro), Avangardist.pro pages, and all subdomains and sub-directories therein.
Subscription: A Subscription to Avangardist.pro encompasses access to paid features, and begins with a free trial. Subscription Period: The thirty day or annual period between billings.
Third Party: Any organization or person, other than Avangardist.pro or you. This includes, but is not limited to: CRM/CMS systems, email marketing software, billing and shopping cart/check-out platforms, PPC conversion tracking codes, analytics and other tracking software, non-Avangardist.pro forms, file hosting/sharing platforms, and any organization or person with which you or Avangardist.pro conducts business or integrates.
Trial Period: The period of a new Subscription, prior to billing, wherein you have access to paid features for free for a limited time. You agree that you will not create additional Accounts for the purpose of obtaining additional Trial Periods.
Trial Program: A temporary, free release of a new feature that may later be added to a Subscription for an additional fee.
User ID: Your Avangardist.pro email and password, under which your Account was created.
Your Customers: The visitors who access your Avangardist.pro page(s) and may or may not purchase your products or services or complete your conversion goal. This agreement does not apply to, or bind, any Third Party.
1. Terms of service specification
The User create, download, publish Landing Page (web-site page with related files) and this act means that the Avangardist.pro develop the custom Landing Page for User. The User know and respect the Terms of the Licenses for related files and scripts from the template used to develop the Landing Page. We provide all files with licenses information that passed from vendor to us without changes. The information about licenses attribution for 3d party developed templates is published on this page: https://www.avangardist.pro/?id=licenses.
2. Profile information and Account
Your User ID is the only way to log in and access your Account. You understand and agree that you are responsible for maintaining the confidentiality of your User ID. You agree to provide true, accurate, current, and complete information about yourself, or the entity you represent, and you agree not to misrepresent your Profile Information. Avangardist.pro is not responsible for any Profile Information that may be lost or irrecoverable with the use of the Site or Services.
Avangardist reserves the right to delete accounts that do not correspond to real people or fake.
For as long as you remain the Account Owner and in compliance with this Agreement, you have the right to access and use the Services. This right is non-transferable, and you agree not to disclose your User ID to any Third Party. You are solely responsible for all activities that occur within your Account. If you become aware of any unauthorized use of your Account or Profile Information, you are responsible for notifying Avangardist.pro immediately. It is your responsibility to update or change any Account or Profile Information, as needed or desired.
Billing information can be updated from within your Account, and may only be changed by the Account Owner. Avangardist.pro disclaims all liability where Account ownership is disputed, and will not participate or play any role in such disputes. Avangardist.pro will automatically charge the credit card on file; should the billing information be changed, the new credit card will be charged. If an updated credit card is under a different name, the owner of the updated card becomes the Account Owner. Avangardist.pro will not change your billing information for you, under any circumstances, and will not be held responsible if an unauthorized party accesses your Account or changes your billing details. Avangardist.pro does not see or store full credit card numbers at any time.
3. Fees and Renewals
You agree to pay all Subscription fees, including but not limited to: fees based on Add-Ons, traffic to your pages, and number of pages, popups, and sticky bars in your Account and all sub-accounts. Unless otherwise specified in a Subscription, such fees will be billed in advance for each month and are non-refundable. You agree that you may not be refunded or credited for partial months of service, or for periods in which your Account remains open but you do not use the Services. If you exceed any usage or fee thresholds set forth in your Subscription, we may charge you for such overages on your next invoice.
We reserve the right to modify our billing rates at any time upon thirty (30) days written notice by posting these fee changes to the Site or by notifying you via email. Should you continue to use the Services after these changes go into effect, you will be responsible for paying the new Subscription/billing rate.
By entering a credit card number, you agree that Avangardist.pro, and our Third Party service providers, may store your payment card information. You expressly authorize us to charge you, where applicable: (i) Subscription Fees, to be billed during a Subscription Period (ii) other fees for Services purchased, including, but not limited to, Add-Ons (iii) charges for use of the Services in excess of visitor, page, or other limitations, and (iv) taxes connected with your use of the Services.
You agree to reimburse us, where applicable, for all collection costs and interest for any overdue amounts. If the payment card you provide expires and you do not update your payment card information or cancel your Subscription, you authorize us to suspend your Account until your billing details have been updated. After an Account suspension, you agree that we may re-attempt payment processing upon receiving updated billing details.
4. Term and Renewal
Your paid Subscription is valid for either a monthly or an annual Subscription Period. Your Free Account is valid until such time as fourteen (14) days period, or you upgrade, or request Account deletion (by contacting [email protected] from the User ID (email) address on file and requesting that we delete your Account). If you upgrade to a higher-level Subscription during the Subscription Period, you will have immediate access to those higher level features. You agree to pay Avangardist.pro the difference between your original Subscription fee and the cost of the upgrade.
If you downgrade to a lower-level Subscription during the Subscription Period, you will receive a credit to your Account representing the difference between your original and your downgraded Subscription costs. Changes to Subscriptions will be reflected in your next invoice. No credits or refunds will be issued for downgrading from a paid subscription to a Free Account (cancelling).
Your Subscription will automatically renew for an additional Subscription Period unless you cancel (see “Cancellation and Termination” below).
5. Cancellation and Termination
You may cancel your monthly Subscription at any time, either from within your Account or by sending an email to [email protected], from the User ID (email address affiliated with your Account). Should you contact Customer Support to request assistance with Subscription Cancellation or account deletion, Avangardist.pro reserves the right to verify your identity by asking for the last four (4) digits of the credit card on file, the type of card, the billing address, and additional security questions.
To cancel over the phone, you must verify the last four (4) digits of the credit card on file, the type of card, and the billing address, as well as answer a series of security questions.
Changes to annual Subscriptions (except Upgrade), including Cancellations, go into effect at the end of the annual Subscription Period. No refunds or credits shall be issued for annual Subscription Cancellations or downgrades, or from switching from an annual to a monthly Subscription before the end of the annual Subscription Period.
Cancellations must be completed at least one (1) day prior to the end of your then-current Subscription Period, whether monthly or annual; otherwise, billing for the next month or year will be processed automatically. Cancellations performed after billing are not entitled to refunds, in whole or in part.
You are responsible for all charges accrued on your Account up to the time of Cancellation, including all fees within the Subscription Period in which you cancel. Upon Subscription Cancellation, you are placed on a Free Account, which Avangardist.pro deletes within twelve (12) months of the date of Cancellation, unless you re-Subscribe before the end of the 12 month period, or make other arrangements with us to retain your Account and its affiliated Personal Data. Account deletion permanently removes all pages, popups, sticky bars, Content, and leads, as well as your email address and other Personal Data. Avangardist.pro is not responsible for any Content lost as a result of Account deletion. We reserve the right to change our data storage and processing capabilities and procedures at any time, without notice or liability, subject to applicable laws.
Avangardist.pro reserves the right to terminate this Agreement at any time, for any reason, and at our sole discretion, without liability. A reason for such termination may be, but is not limited to, failure to comply with these Terms. Avangardist.pro reserves the right to modify, suspend, or discontinue the Site and/or Services, or any portion thereof, at any time and for any reason, with or without notice.
The sections “Submission of Content”, “Intellectual Propert”, “Confidential Information”, “Third Party Sites and Content”, “Disclaimer, Exclusion, and Limitation of Liability”, “Indemnification”, “Waiver of Jury Trial and Class Action Rights”, and “Dispute Resolution” will survive any actual or purported termination or expiry of this Agreement and continue in full force and effect.
6. Acceptable Use and Conduct
Avangardist.pro, and our hosting and data storage provider, place certain limitations on what can be advertised, promoted, and depicted on pages built in, uploaded to, or hosted by Avangardist.pro. These limitations are detailed in our Acceptable Use Policy (AUP). When you agree to these Terms, you are also agreeing to our AUP, found HERE.
7. Intellectual Property
This section applies to Material and to Feedback, as defined above, and not to Customer leads or to Content.
All Avangardist.pro Material, as defined in the General Terms, is owned by us or our licensors or service providers, and is protected by copyright, trademark, trade secret, and other intellectual property laws.
For as long as you adhere to this Agreement and maintain a valid Account, Avangardist.pro grants you a non-transferable, non-sublicensable, non-exclusive, revocable, limited purpose right to access and use the Materials.
Platform possession means that it consists of domain "avangardist.pro", applications (program code), text, images, documents and other materials which are the subject of the intellectual property, and the owners are those who domain belong to (for domain), authors own the intellectual property for applications (program code), text, images, documents and other materials, if other any agreement was not accepted by us and author.
We value Customer, user, and potential Customer/user Feedback and take it very seriously, and we may, from time to time, solicit Feedback. All Feedback is Avangardist.pro’s exclusive property, and no provider of Feedback has a claim to any form of compensation, monetary or otherwise, in exchange for providing it.
We may, in our sole discretion, use, share, or incorporate Feedback in whatever form or derivative we may decide into the Site, our software, Services, documentation, business or other products, without limitation. We retain all rights to such Feedback on a worldwide basis in perpetuity.
8. Submission of Content
You are able to add and upload Content in order to create and edit landing pages, popups, and sticky bars using the Services. You agree that you are solely responsible for all Content you submit, provide, or upload, including any legal or other consequences for submitting, providing, or uploading it.
You grant Avangardist.pro a non-exclusive license to use the Content you upload in order to provide the Services to you, including, but not limited to, troubleshooting and publishing your pages. This use may include, without limitation, the right to host, index, cache, store, or otherwise format your Content.
You further agree that Avangardist.pro may modify, add, and delete any Content added to the Services without liability, and at our sole discretion. Reasons for Content modification or deletion shall include, but are not limited to: malicious or damaging software or corrupted code within the Content, violations of intellectual property law, failure to adhere to our AUP, and for troubleshooting purposes.
You represent to Avangardist.pro that you own any Content you upload, submit, or otherwise add to your Account, or that you have obtained any necessary licenses, rights, consents, and permissions to such Content and activity. As such, you agree that none of the aforementioned Content will in any way violate the copyrights, privacy rights, publicity rights, trademark rights, contract rights or any other intellectual property rights or other rights of any person, business, organization, or entity.
You agree that Avangardist.pro is not responsible for any violations of Third Party intellectual property rights in any Content that you submit, upload, or otherwise add to Avangardist.pro. You further agree to pay all royalties, fees, and any other monies owed relating to the use of such Content.
Avangardist.pro may request access to your Content to use for marketing purposes. You are under no obligation to grant this request, and we will not use your Content in any marketing materials without your prior written permission.
You agree that we may Monitor the Site and Services, including without limitation, any pages created using our Services. We may disclose information to satisfy our legal obligations, protect Avangardist.pro or its Customers, or operate or improve the Site or Services, only for reasonable purpose or necessity.
10. Aggregate Data
You agree that Avangardist.pro may gather and publish anonymous, Aggregate Data, based on your, your visitors’, and Your Customers’ use of the Site or Services. This data will not incorporate any Personal Information. Where you choose to use or connect Third Party services with your Account, you agree that Avangardist.pro may share your lead data with these designated Third Parties, without liability. You are fully responsible for the Personal Data you choose to collect, store, and share, and you agree to abide by all applicable laws within your jurisdiction. Avangardist.pro does not sell the lead data you collect with Avangardist.pro to Third Parties.
11. Beta Test
From time to time and at our sole discretion, we may initiate Beta Tests. We may implement, run, suspend, or terminate a Beta Test at any time without notice or liability, and do not guarantee that a tested product, service, modification, upgrade, or other adjustment to the Site, Services, or means of providing the Services, will become part of the Services. We may deliver (and subsequently cease delivering) a Beta Test to all or any subset of Avangardist.pro Account holders at our discretion without prior permission at any time. If we decide to incorporate a tested product or service into the Avangardist.pro platform, we may adjust our prices accordingly. Avangardist.pro accepts no liability for any consequences resulting from, or related to, your participation in a Beta Test.
12. Trial Program
From time to time and at our sole discretion, we may offer you the opportunity to try a new product or service for free for a limited time. Before the end of the Trial Program, you must decide whether you would like to continue using the new feature, should we choose to offer it. Whether we introduce a Trial Program feature into the Services generally, and if so, whether we charge an additional fee to access the feature, is at our sole discretion. If we charge a fee for its use and you purchase the trialed product or service, we may add it to your monthly invoice to be billed automatically until you choose to remove the Add-On or Cancel your Subscription. If you do not purchase the product or service by the end of the Trial Program, you will not be billed for it (normal Subscription rates will apply), and that feature will no longer be available to you.
You agree to comply with any additional terms, restrictions, or limitations connected to any Trial Program. You may not sign up for multiple Accounts in order to receive additional Trial Program benefits. We may terminate or suspend a Trial Program at any time without notice or liability, and in our sole discretion, and we reserve the right to adjust pricing relative to any service or product offered through a Trial Program. We are not responsible or liable for any adverse impact caused by or connected with a Trial Program.
13. Commercial Platform
You have the option of using Avangardist.pro as a commercial platform, including, but not limited to, incorporating links to purchasing pages and embedding Third Party payment processing tools. Avangardist.pro does not offer payment processing tools as part of the Services, and will not perform payment processing for Your Customers on your behalf. These transactions are entirely between you, Your Customers, and any other applicable Third Party, and we are not in any way liable or responsible for them.
When using Avangardist.pro to offer or sell products or services, you agree to comply with the following: (a) You may not offer or sell illegal or potentially illegal Customer Goods, including, but not limited to, those that are counterfeited, stolen, or fraudulent. Customer Goods offered or sold using the Site and/or Services must comply with all applicable laws, including, without limitation, export control laws.
(b) You may not offer or sell any Customer Goods that violate our AUP. This includes, but is not limited to, products that depict or promote child pornography, are obscene or defamatory, or that violate privacy rights or intellectual property law.
(c) You may not use the images or names of any Third Party (including notable personalities or celebrities) when offering or selling Customer Goods without first obtaining that Third Party’s permission.
Avangardist.pro hold the right to investigate and request evidences that ensure that you have the right to do mentioned actions.
Avangardist.pro may remove, or request that you remove, any pages, popups, sticky bars, or Content that violate this section or the AUP.
14. Collection of Personal Information
If you use the Services to collect, store, use, or disclose Sensitive or Personal Information about identifiable individuals, you agree only to do so in accordance with applicable law. You agree to take all measures to protect the privacy and legal rights of individuals whose information you collect, and to provide them with a legally sufficient privacy notice or policy. If you are provided with Sensitive or Personal Information, you must disclose that this Information is being collected and clearly explain the reason for its collection and how the Information will be used. If you store Personal or Sensitive Information, you must do so securely, and in accordance with applicable law.
YOU AGREE TO INDEMNIFY AVANGARDIST.PRO AND HOLD US HARMLESS FOR ANY FAILURE TO COMPLY WITH THE FOREGOING, OR FOR ANY CLAIM MADE AGAINST AVANGARDIST.PRO BY ANY THIRD PARTY RELATED TO YOUR USE OF THE SERVICES TO COLLECT, STORE, OR USE PERSONAL OR SENSITIVE INFORMATION.
15. Confidential Information
You agree not to disclose verbally, electronically, in writing, or in any other manner any Confidential Information that you have acquired or learned during the term of this Agreement or following the expiration or termination of this Agreement.
16. Third Party Sites and Content
You are responsible for knowing and adhering to your jurisdictional anti-spam laws. In jurisdictions where consent is required before sending email or electronic transactions to email accounts, you are responsible for obtaining that consent.
Certain features of the Site or Services, when activated, may require that Avangardist.pro send an email to you, Your Customers, or any other Third Party on your behalf. Because you must enable or engage these features in order to use them, you are responsible for any communications that follow. You agree that Avangardist.pro remains a disinterested third party to any such electronic communication completed using the Site and/or Services. You hereby agree to indemnify us and hold us harmless for any failure to have or obtain all necessary consents regarding the receipt of electronic communications, email, or commercial electronic messages.
You acknowledge and agree that Avangardist.pro is not responsible or liable for any Third Party content linked to from the Site or Services. This includes but is not limited to accuracy, integrity, quality, usefulness, legality, safety, and intellectual property rights. The inclusion of such linked content in no way indicates endorsement by, or association with, Avangardist.pro.
You agree that Avangardist.pro is not responsible or liable for any alleged or real damages or losses incurred through the use of Third Party content, goods, or services. Your use of Third Party content is solely at your own risk.
17. Disclaimer, Exclusion, and Limitation of Liability
AVANGARDIST.PRO MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, SECURITY, OR ACCURACY OF THE SITE, SERVICES, OR DATA MADE AVAILABLE FROM THE SERVICES. YOUR USE OF THE SITE OR SERVICES, AND ALL CONTENT, MATERIAL, AND THIRD PARTY SOFTWARE AND CONTENT ARE AT YOUR SOLE RESPONSIBILITY AND RISK. THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
AVANGARDIST.PRO DISCLAIMS ANY WARRANTY THAT THE SITE, THE SERVICES, OR ANY CONTENT, INCLUDING, WITHOUT LIMITATION, ANY THIRD PARTY SOFTWARE AND CONTENT, WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE, SERVICES, AND SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU AGREE THAT FROM TIME TO TIME AVANGARDIST.PRO MAY REMOVE THE SITE OR CEASE PROVIDING THE SERVICES FOR INDEFINITE PERIODS OF TIME WITHOUT PRIOR NOTICE OR NOTIFICATION. YOUR ACCESS TO AND USE OF THE SITE AND SERVICES MAY BE INTERRUPTED OR SUSPENDED FROM TIME TO TIME FOR ANY REASON, INCLUDING, BUT NOT LIMITED TO, EQUIPMENT MALFUNCTIONS, PERIODIC UPDATING, MAINTENANCE OR REPAIR OF THE SITE OR SERVICES, OR OTHER ACTIONS THAT AVANGARDIST.PRO, IN ITS SOLE DISCRETION, MAY ELECT TO TAKE. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE NOT ENTITLED TO DAMAGES OR ANY OTHER FORM OF COMPENSATION OR RELIEF WHEN OUTAGES, DELAYS, DOWNTIME, MALFUNCTIONS, SECURITY OR SYSTEM BREACHES, OR OTHER INTERRUPTIONS OF SERVICE OCCUR.
AVANGARDIST.PRO MAKES NO GUARANTEE REGARDING: (A) THE NUMBER OF VISITORS, VIEWS, OR CONVERSIONS ON ANY OF YOUR PAGES, POPUPS, OR STICKY BARS; OR (B) THE COMPATIBILITY OF ANY SOFTWARE, HARDWARE, OR CONTENT WITH THE SITE OR SERVICES. YOU ARE NOT ENTITLED TO COMPENSATION, REFUNDS, CREDITS, DAMAGES OR ANY FORM OF RELIEF SHOULD THE SITE OR SERVICES NOT MEET YOUR EXPECTATIONS.
YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR CONTENT IS COMPATIBLE WITH THE SITE AND/OR SERVICES. AVANGARDIST.PRO DISCLAIMS ANY LIABILITY OR RESPONSIBILITY FOR ANY UNAUTHORIZED USE OF YOUR CONTENT BY THIRD PARTIES OR OTHER USERS OF THE SITE OR SERVICES, AND IS NOT RESPONSIBLE FOR PROTECTING YOUR CONTENT. AVANGARDIST.PRO IS NOT RESPONSIBLE FOR THE ACTS, OMISSIONS, OR FAILURES OF ANY THIRD-PARTY CONTENT, SERVICE, NETWORK, OR SOFTWARE OR HARDWARE PROVIDER, INCLUDING BUT NOT LIMITED TO, INTERNET SERVICE PROVIDERS, HOSTING SERVICES USED BY AVANGARDIST.PRO, TELECOMMUNICATIONS PROVIDERS, CONTENT PROVIDED BY OTHER USERS, OR ANY SOFTWARE OR HARDWARE NOT PROVIDED BY AVANGARDIST.PRO.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR SERVICES, INCLUDING, BUT NOT LIMITED TO, LANDING PAGES, POPUPS, STICKY BARS, AND LEADS CSV FILES, IS DONE AT YOUR OWN DISCRETION AND RISK. YOU AGREE THAT YOU, SOLELY, ARE RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE, AND/OR FOR ANY LOSS OF DATA THAT MAY RESULT FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER COMMUNICATED ORALLY OR IN WRITING, FROM AVANGARDIST.PRO EMPLOYEES, OR VIA THE SITE OR SERVICES, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. THE SITE AND SERVICES ARE OFFERED AND CONTROLLED BY AVANGARDIST.PRO FROM ITS FACILITIES IN BELARUS. AVANGARDIST.PRO MAKES NO REPRESENTATIONS THAT THE SITE OR SERVICES ARE APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE SITE OR SERVICES FROM OTHER JURISDICTIONS DO SO AT THEIR OWN RISK AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.
YOU AGREE THAT NEITHER AVANGARDIST.PRO NOR ITS OWNERS, OFFICERS, DIRECTORS, AFFILIATES, CONTRACTORS, LICENSORS, EMPLOYEES OR AGENTS, WILL BE HELD LIABLE TO YOU OR ANY THIRD PARTY ACTING ON YOUR BEHALF, FOR ANY TANGIBLE OR INTANGIBLE DAMAGES OR LOSSES ARISING FROM OR RELATING TO: THIS AGREEMENT, YOUR USE OF OR INABILITY TO USE THE SITE OR SERVICES, OR YOUR USE OF THIRD PARTY MATERIALS, CONTENT, OR SERVICES.
AVANGARDIST.PRO WILL NOT BE HELD RESPONSIBLE FOR ANY DAMAGES, LIABILITIES, LOSSES, OR OTHER CONSEQUENCES THAT YOU MAY INCUR IN THE EVENT THAT THE SITE AND/OR SERVICES ARE MODIFIED, SUSPENDED OR DISCONTINUED. IN NO EVENT SHALL AVANGARDIST.PRO’S AND ITS AFFILIATES’, REPRESENTATIVES’, OFFICERS’, DIRECTORS’, STOCKHOLDERS’, EMPLOYEES’, OR AGENTS’ AGGREGATE LIABILITY FOR ALL CLAIMS, WHETHER IN CONTRACT, TORT, OR ANY OTHER THEORY OF LIABILITY, EXCEED THE COST OF CUSTOMER’S SUBSCRIPTION.
You agree to indemnify, defend, and hold harmless the Indemnified Parties, from and against any Third Party claim, demand, loss, damage, cost, or liability (including, reasonable attorneys’ fees) (collectively and individually, “Claims”) incurred by or made against the Indemnified Parties in connection with any Claims arising out of or relating to this Agreement, the Site or the Services, including but without limitation in relation to: (a) your use, non-use or misuse of, or connection to the Site, the Services, Consumer Goods and any Content, including without limitation your Profile Information and any third party Content forming part of the Site; (b) your violation or alleged violation of this Agreement; and (c) your violation of any rights, including intellectual property rights, of a third party and otherwise as set out herein. Avangardist.pro reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Avangardist.pro and you agree to cooperate with Avangardist.pro’s defense of these Claims. You agree not to settle any matter without the prior written consent of Avangardist.pro. Avangardist.pro will use reasonable efforts to notify you of any such Claims upon becoming aware of it.
19. Waiver of Jury Trial and Class Action Rights
IN ANY DISPUTE ARISING OUT OF OR RELATED TO THE SITE, THE SERVICES, A SUBSCRIPTION AND/OR THIS AGREEMENT, YOU HEREBY EXPRESSLY GIVE UP: (I) YOUR RIGHT TO A TRIAL BY JURY; AND (II) YOUR RIGHT TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INCLUDING, WITHOUT LIMITATION, CLASS ACTION LAWSUITS.
20. Dispute Resolution
In any dispute between you and Avangardist.pro relating to this Agreement, the Site, or the Services, you agree that the dispute shall be governed exclusively by the laws of the REPUBLIC OF BELARUS, without regard to its conflict of law provisions.
Except for any claim involving the ownership of intellectual property, all disputes arising out of or in connection with this Agreement will be referred to the International Court of Arbitration and resolved by arbitration. The appointing authority will be the International Court of Arbitration in Belarussian Chamber of Commerce and Industry. The case will be adjudicated by a single arbitrator and will be administered by the International Court of Arbitration in accordance with its rules. The place of arbitration will be Minsk, Republic of Belarus, and the language of arbitration will be Russian.
Any claim, proceeding, or action that arises under this Agreement involving the ownership of intellectual property shall submit to the exclusive jurisdiction of the courts in Minsk, Belarus. However, Avangardist.pro may seek and obtain injunctive relief in any jurisdiction.
You agree that Avangardist.pro may enforce this Agreement through injunctive relief and other equitable remedies, without proof of monetary damages.
You agree that you will not bring a claim under or relating to this Agreement more than twelve (12) months from when your claim first arose.
If any portion of this Agreement is deemed unlawful, void, or unenforceable by any arbitrator or court of competent jurisdiction, such decision will not invalidate the Agreement as a whole. Only that portion that is unlawful, void, or unenforceable will be stricken from this Agreement.
22. Waiver of Rights
You agree that if Avangardist.pro does not exercise or enforce a legal right or remedy contained in the Agreement or under applicable law, this is not a waiver of Avangardist.pro’s rights. Those rights or remedies will still be available to Avangardist.pro should we choose to exercise them.
The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. This Agreement replaces and supersedes any other prior or contemporaneous agreement, representation, or discussion, oral or written, and may not be changed except in writing, and signed by us.