Terms of Use

Terms of Use

Thank you for visiting www.avenue.one (together with all microsites or subdomains hosted thereunder, collectively, the “Website” or “Services”). These Terms of Use (the “Terms”) along with the Website’s Privacy Policy incorporated herein by reference govern your use of the Website and the content, features, information and services made available on and through the Website. Please read these Terms carefully before using the Website or any services offered on the Website. These Terms contain a binding arbitration clause and class action waiver that impact your rights about how to resolve disputes. If you live in the United States, please read the aforementioned clause carefully. These Terms constitute a legally binding agreement between you and Avenue One Holdings Inc., its subsidiaries, and owned or controlled affiliates (collectively “we,” “our”, “us”, or “Avenue One”) concerning your access to and the use of the Website. By accessing the Website, you represent that you have read, understood, and agreed to be bound by these Terms.

IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, YOU ARE EXPRESSLY PROHIBITED FROM USING THE WEBSITE OR SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

CONDITIONS OF USE By using the Website, you represent and warrant that: (1) you have the legal capacity and you agree to comply with these Terms; (2) you are not a minor in the jurisdiction in which you reside; (3) you will not access the Website through automated or non-human means, whether through a bot, script, or otherwise; (4) you will not use the Website for any illegal or unauthorized purpose; and (5) your use of the Website will not violate any applicable law or regulation.

You may not access or use the Website for any purpose other than that for which we make the Website available. The Website may not be used in connection with any commercial endeavors except those that are specifically approved by us in writing. Users of the Website who violate these Terms may be denied access to the Website at our sole discretion.

MODIFICATION OF TERMS

Avenue One reserves the right, in its sole and absolute discretion, to modify all or any portion of these Terms at any time without incurring any liability or obligation whatsoever to you or any other person or entity. If we modify these Terms, we will post the changes to the Terms and will indicate the date these Terms were last revised. It is your responsibility to check these Terms periodically for any updates to these Terms that we make as you continue to access and/or use the Website. Your continued use of the Website after any such changes constitutes your acceptance of, and agreement to be legally bound by, these Terms, as revised.

INTELLECTUAL PROPERTY RIGHTS

You understand and acknowledge that Avenue One has no obligation to provide the Services described herein. Your use of the Services is voluntary. You acknowledge that certain content may be made available to you through the Website (“Content”). Subject to the terms and conditions of these Terms, we grant you a non-exclusive, non-transferable, limited right to access and use this Website and the materials thereon.

All text, images, sounds, videos, graphics, design, programming, code, software, other content, trademarks, logos, and other forms of intellectual property on this Website are the property of Avenue One or its licensors unless otherwise stated. Unauthorized use of this intellectual property may violate copyright, trademark, and other laws. You may not reproduce, modify, distribute, or create derivative works from the Content without express written permission from Avenue One or the respective intellectual property owners.

Your use of the Website does not grant or transfer to you any ownership or other rights in the Website or the Content, and except as expressly provided, nothing herein or within the Website shall be construed as conferring on you or any other person any license under any of Avenue One’s or any third party’s intellectual property rights.

GEOGRAPHIC LIMITATIONS

The Website and Services are provided for access and use only by persons located in the United States.

By accessing or using the Website, you represent and warrant that: (1) you are not located in a country that is subject to a United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, or that is currently subject to sanctions of any type by the United States government; and (2) you are not listed on any United States government list of prohibited or restricted parties.

RESTRICTIONS AND CONDITIONS You agree as a condition of using the Website, that you will not yourself, or cause or direct any others to, do any of the following:

a. Use, copy, modify, download or transfer the Website or any component of the Services (including, without limitation, the Content), in whole or in part, except as expressly provided in these Terms.

b. Reverse engineer, disassemble, decompile, or translate the Website.

c. Attempt to derive the source code of the Website.

d. Create any derivative work from the Website.

e. Authorize or assist any third party to take any actions described in this section.

f. Use the Website for any commercial purpose of your own or to benefit another person or entity, including to rent, lease, loan, resell for profit, or distribute the Website, or any part thereof.

g. Remove or alter any proprietary notice or legend regarding Avenue One’s, or any third party’s, proprietary rights in any part of the Website.

h. Use the Website except in accordance with applicable laws and regulations.

i. Use the Website: (i) to defraud any third party; (ii) to distribute obscene or other unlawful materials or information; and/or (iii) to disseminate or encourage conduct that could constitute a criminal offense or give rise to civil liability.

j. Systematically retrieve data or other content from the Website to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.

k. Trick, defraud, or mislead us or other users, especially in any attempt to learn personal or proprietary information.

l. Circumvent, disable, or otherwise interfere with security-related features of the Website, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Website and/or the Content contained therein.

m. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Website.

n. Engage in unauthorized framing of or linking to the Website.

o. Upload or transmit (or attempt 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 Website or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Website.

p. Engage 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.

q. Impersonate, or attempt to impersonate, another user or person.

r. Upload or transmit (or attempt 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”).

s. Interfere with, disrupt, or create an undue burden on the Website or the networks or services connected to the Website.

t. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Website to you.

u. Attempt to bypass any measures of the Website designed to prevent or restrict access to the Website, or any portion of the Website.

v. Copy or adapt the Website’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.

w. Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Website, or using or launching any unauthorized script or other software.

FEEDBACK

If, at our request, you send certain specific submissions or, without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Feedback”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Feedback that you send to us in accordance with applicable law. You hereby, without further consideration, assign to us and disclaim any rights, title, or interest in or to any intellectual property, including but not limited to any copyrights, trademarks, patents, inventions, or knowhow, in the Feedback you provide to us, and all such Feedback shall be considered Avenue One property. We are and shall be under no obligation: (1) to maintain any Feedback in confidence; (2) to pay compensation for any Feedback; or (3) to respond to any Feedback. We may, but have no obligation to, monitor, edit, or remove content in Feedback that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms.

You agree that your Feedback will not violate any right of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary right. You further agree that your Feedback will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Website or any other websites or services. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Feedback. You are solely responsible for any Feedback you make and its accuracy.

DISCLAIMER OF WARRANTIES AND OTHER DISCLAIMERS

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE AND CONTENT (INCLUDING, WITHOUT LIMITATION, ANY INFORMATION PROVIDED THROUGH THE WEBSITE OR CONTENT) IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY REPRESENTATIONS, CONDITIONS OR WARRANTIES WHATSOEVER. THE ENTIRE RISK ASSOCIATED WITH THE USE OF THE WEBSITE AND WEBSITE CONTENT RESIDES WITH YOU. AVENUE ONE EXPRESSLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL OTHER REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, NON-INTERFERENCE AND/OR QUIET ENJOYMENT, SYSTEM INTEGRATION, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND DATA ACCURACY. ALTHOUGH WE MAY PERIODICALLY UPDATE THE INFORMATION ON OUR WEBSITE, WE MAKE NO REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, THAT THE CONTENT ON OUR WEBSITE IS ACCURATE, COMPLETE OR UP-TO-DATE.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, AVENUE ONE MAKES NO REPRESENTATION OR WARRANTY THAT: (1) THE WEBSITE WILL BE COMPATIBLE WITH ANY DEVICE OR SOFTWARE; (2) THE WEBSITE WILL BE AVAILABLE OR WILL FUNCTION WITHOUT INTERRUPTION OR ERROR; (3) THE USE OF THE WEBSITE, INCLUDING, WITHOUT LIMITATION, THE BROWSING AND DOWNLOADING OF ANY INFORMATION, WILL BE FREE OF ANY VIRUSES, TROJAN HORSES, WORMS, OR MALWARE, OR OTHER DESTRUCTIVE, INTRUSIVE, OR DISRUPTIVE COMPONENTS; (4) THE TRANSMISSION OF INFORMATION TO AND FROM THE WEBSITE WILL BE SECURE; (5) THE USE OF THE WEBSITE WILL NOT INFRINGE THE RIGHTS (INCLUDING, WITHOUT LIMITATION, INTELLECTUAL PROPERTY RIGHTS) OF ANY PERSON; OR (6) THE USE OF THE WEBSITE WILL NOT CAUSE ANY DAMAGE TO ANY DEVICE, SOFTWARE, SYSTEM, OR ELECTRONIC FILES.

ANY AND ALL INFORMATION CONTAINED ON OR WITHIN THE WEBSITE, INCLUDING ALL CONTENT, IS FOR GENERAL INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED TO PROVIDE INVESTMENT ADVICE OR OTHER PROFESSIONAL OR SPECIFIC ADVICE AND SHOULD NOT USED BE RELIED UPON IN THAT OR ANY OTHER PURPOSE.

AVENUE ONE MAKES NO ASSURANCE, REPRESENTATION, OR WARRANTY, EXPRESS OR IMPLIED, AS TO THE ACCURACY, CORRECTNESS, FAIRNESS, REASONABLENESS OR COMPLETENESS OF ANY OF THE INFORMATION CONTAINED HEREIN, EXPRESSLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY THEREFOR. THERE IS NO ASSURANCE THAT ANY OF THE TRANSACTIONS REFERENCED IN THE PRESENTATION WILL BE AVAILABLE AT ANY TIME IN THE FUTURE OR THAT ANY TRANSACTIONS UNDER CONTRACT OR IN-PROCESS WILL CLOSE. NO INVESTMENTS RESULTS, INCLUDING RETURNS OR OTHER PERFORMANCE, IS GUARANTEED, AND HISTORICAL PERFORMANCE DATA OR PROJECTED FUTURE PERFORMANCE MAY DIFFER MATERIALLY FROM ACTUAL PERFORMANCE.

AVENUE ONE IS NOT A LOAN ORIGINATOR, MORTGAGEE, CREDITOR, MORTGAGE BROKER, OR LENDER AND DOES NOT UNDERWRITE OR PARTICIPATE IN THE CREDIT APPROVAL PROCESS OF ANY LOANS. AVENUE ONE MAY ACT AS A REFERRING PARTY FOR ONE OR MORE LENDERS (EACH, A “LENDER”; COLLECTIVELY, “LENDERS”), WHO MAY OFFER BUSINESS-PURPOSE LOANS TO OWNERS OF REAL ESTATE. AVENUE ONE MAY ALSO SEEK TO IDENTIFY POTENTIAL INVESTORS TO PURCHASE LOANS ORIGINATED BY ONE OR MORE LENDERS, AND MAY ALSO OFFER AND PROVIDE ASSET MANAGEMENT AND OTHER LOAN-RELATED SERVICES TO PURCHASERS OF BUSINESS-PURPOSE LOANS. EACH INDIVIDUAL LENDER IS RESPONSIBLE FOR SETTING THE TERMS AND CONDITIONS OF EACH LOAN, UNDERWRITING AND PROCESSING THE LOAN APPLICATION, AND RENDERING A FINAL CREDIT DECISION. LOAN TERMS REFLECTED IN THE WEBSITE ARE INTENDED TO PROVIDE SUMMARY-LEVEL, ILLUSTRATIVE INFORMATION CONCERNING POTENTIAL LOAN TERMS. SUCH TERMS ARE NOT COMPREHENSIVE AND SHOULD BE CONSIDERED INDICATIVE, APPROXIMATE, AND SUBJECT TO CHANGE, AS THEY MAY OR MAY NOT REFLECT TERMS OF ACTUAL LOANS. LOAN REFERRAL SERVICES OFFERED BY AVENUE ONE ARE CONSULTATIVE ONLY, AND LENDERS, BORROWERS, AND OTHER THIRD PARTIES MAY COMPENSATE AVENUE ONE LENDING FOR REFERRAL SERVICES OR FOR OTHER SERVICES. THERE IS NO ASSURANCE THAT ANY LOAN WILL BE AVAILABLE TO ANY PROSPECTIVE BORROWER AND/OR AS TO THE TERMS OF ANY LOAN.

THERE CAN BE NO ASSURANCE THAT ANY ASSETS, ENTITY, FUND, OR OTHER INVESTMENT VEHICLE WILL ACHIEVE ITS INVESTMENT OBJECTIVES OR THAT AN INVESTOR WILL BE ABLE TO AVOID LOSSES OF THEIR INVESTED CAPITAL. ACCORDINGLY, PRIOR TO INVESTING IN ANY STRATEGY, YOU SHOULD READ AND CONSIDER ALL OF THE RISK FACTORS CONTAINED IN RELEVANT OFFERING MATERIALS. INVESTING IN ANY ASSETS, FUND, OR OTHER VEHICLE PRESENTED, SPONSORED OR MANAGED BY AVENUE ONE (ANY SUCH OPPORTUNITY, AN “OPPORTUNITY”) MAY INVOLVE A HIGH DEGREE OF UNCERTAINTY AND RISK, AND INVESTORS IN ANY OPPORTUNITY MAY LOSE ALL OR SUBSTANTIALLY ALL OF THEIR INVESTMENT. AN INVESTMENT IN AN OPPORTUNITY IS SUITABLE ONLY FOR SOPHISTICATED INVESTORS AND REQUIRES THE FINANCIAL ABILITY AND WILLINGNESS TO ACCEPT THE RISKS THAT ARE CHARACTERISTIC OF ANY INVESTMENT OF THIS TYPE.

AVENUE ONE ASSUMES NO RESPONSIBILITY FOR THE ACTIVITIES OR CONDUCT OF WEBSITE USERS. THE WEBSITE MAY DISPLAY CONTENT, SERVICES, PRODUCTS OR HYPERLINKS OF OTHER COMPANIES OR PERSONS. NOTWITHSTANDING THE PRESENTATION OF ANY THIRD PARTY INFORMATION ON THE WEBSITE, NO SUCH PRESENTATION SHALL BE CONSIDERED AN ENDORSEMENT, REPRESENTATION OR WARRANTY, EITHER EXPRESS OR IMPLIED, BY AVENUE ONE ON BEHALF OF ANY THIRD PARTY.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL AVENUE ONE OR ITS SUBSIDIARIES OR AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR FEEDBACK OR YOUR USE OF OR INABILITY TO USE THE WEBSITE, FOR PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER DIRECT, CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES.

THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR AVENUE ONE WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Avenue One and its affiliates and their respective officers, directors, employees, agents, licensors, service providers and suppliers (the “Indemnified Parties”) from and against all losses, expenses, damages, and costs, including, but not limited to, reasonable attorneys’ fees, arising out of or relating to: (1) your use of the Website or Services; (2) your violation of any of these Terms (including your negligent or wrongful misconduct); or (3) your violation of any law or the rights of any third party. Avenue One reserves the right, at your expense, to assume the exclusive control of the defense and settlement of any claim for which you are required to indemnify any of the Indemnified Parties hereunder and you agree to fully cooperate with our defense and settlement of such claim. You agree not to settle any such claim without Avenue One’s prior written consent. Avenue One will use reasonable efforts to notify you of any such claim upon becoming aware of it.

PRIVACY

Please read the Avenue One Privacy Policy (“Privacy Policy”) provided on the Website carefully to understand how Avenue One collects, uses, and discloses information, including personally identifiable information.

CONSENT TO COMMUNICATIONS

By using this website, creating an account on the Website (if applicable), or providing Avenue One with your contact information, you expressly consent to receive communications from us, and our affiliates, partners, agents, and representatives. These communications may include, but are not limited to:

Email Communications: You consent to receive emails related to your account, transactions, updates, promotional offers and customer support. You may unsubscribe from promotional emails at any time by following the unsubscribe instructions provided in such emails.

Phone Communications: You consent to receive phone calls or SMS messages for purposes related to your account, potential transactions, updates, promotional offers, and customer support.

Other Electronic Communications: You consent to receive other electronic communications, such as push notifications within the website or mobile app, that are necessary for the proper functioning of our services.

GOVERNING LAW, ARBITRATION, CLASS ACTION WAIVER

These Terms are governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule. YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND US (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) WITH REGARD TO YOUR USE OF THE WEBSITE, THESE TERMS OR THE SERVICE WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION UNDER THE AMERICAN ARBITRATION ASSOCIATION’S RULES FOR ARBITRATION OF CONSUMER-RELATED DISPUTES AND YOU AND WE HEREBY EXPRESSLY WAIVE TRIAL BY JURY. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. Neither you nor we will participate in a class action or class-wide arbitration for any claims covered by this agreement to arbitrate. YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER IN ANY CLASS CLAIM YOU MAY HAVE AGAINST US INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS.

NO CONSOLIDATION

Any claim or dispute shall be arbitrated or litigated, as the case may be, on an individual basis and shall not be consolidated with any claim of any other party whether through class action proceedings, class arbitration proceedings, or otherwise.

LIMITATION ON TIME TO FILE CLAIMS

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

SEVERABILITY

If any provision of these Terms is found by any court of competent jurisdiction to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions of the Terms, all of which will continue to be valid to the fullest extent permitted by law.

NOTICES

All notices, demands, and other communications under the Terms must be in writing and will be deemed to have been given if delivered personally or by certified or registered mail, return receipt requested (to Avenue One, Attention: Legal, 199 Lafayette Street, 7th Floor, New York, NY 10012), or when received if sent by email (to legal@aveone.com), or other electronic method. Other questions concerning the use of the Website should be directed to info@aveone.com.

Last Updated: May 13, 2024