Terms of Use
Welcome to tatekirlin.avtal.com. This website, including all consumer account pages accessed via links in our digital communications (collectively, "Website"), is owned by Avtal and operated by Tate & Kirlin Associates, Inc. using the Avtal platform. In this document, "we," "us," and "our" refer to Tate & Kirlin Associates, Inc., unless otherwise noted.
Eligibility
We administer and operate the Website from our location in the United States. This website is intended for individuals who are over the age of 18.
Agreement to Terms of Use
By using this Website, you agree to these Terms of Use. If you disagree, you should refrain from using the Website.
We may revise these Terms of Use at any point without explicit notice to you. The latest Terms of Use will be made available on our Website, and you are responsible for reviewing these terms before using the Website. Upon the posting of any revisions, you agree to be bound by the updated Terms. As such, it is essential to periodically review our Terms of Use to ensure your ongoing consent. If you access our Website, it signifies your agreement to comply with and be bound by our Terms of Use. Should you not accept these terms, you should not access or use the Website. If you have accessed our Website and later decide that you do not agree with the Terms of Use, cease using the Website immediately.
We reserve the right to do any of the following at any time, without notice: (1) modify, suspend, or cease the operation or accessibility of the Website or any part thereof, for any reason; (2) modify or alter the Website or any part thereof, along with any applicable policies or terms; and (3) disrupt the Website or part thereof for routine or emergency maintenance or changes.
Legal Compliance
You agree to comply with all applicable laws, statutes, ordinances, and regulations regarding your use of our Website. We reserve the right to investigate complaints or reported violations of our Website Terms of Use and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties, and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses, and traffic information, as allowed under our Privacy Policy.
You may not use any “deep-link,” “page-scrape,” “robot,” “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the Website. We reserve the right to bar any such activity.
You may not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any of our servers powered by Avtal, or to any of the services offered on or through the Website, by hacking, password “mining” or any other illegitimate means.
You may not probe, scan, or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website.
You may not reverse look-up, trace, or seek to trace any information on any other user of or visitor to the Website, or any other consumer, including any of our accounts not owned by you, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Website.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or our systems or networks powered by Avtal, or any systems or networks connected to the Website or to us.
You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person’s use of the Website.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to us on or through the Website or any service offered on or through the Website.
You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
You may not use the Website or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes our rights or the rights of others.
Intellectual Property
The Website may feature our distinct branding elements, such as our logos and trademarks, along with those of our partners or other third parties, displayed in textual, graphic, or logo form. Browsing or interacting with our website doesn't bestow upon you any legal right or permission to utilize any of these branding elements. Written consent from the appropriate owner is required for any such use. The website is safeguarded by international laws pertaining to copyrights. Unauthorized copying, sharing, or publishing any part of our website is expressly forbidden. Engaging with our website does not confer to you any form of ownership or proprietary rights in the website.
Other Terms and Conditions
Additional terms and conditions could be applicable to particular sections or features of our website, like Payment Schedule Guidelines and Electronic Signature Terms. These are implicitly included in the website’s Terms of Use. You agree to follow any such additional terms and conditions. Should there be a contradiction between these general Terms of Use and any other conditions specified for a particular section of the website, the latter will take precedence for your use of that part or linked page on the website.
Any obligations related to our services are exclusively determined by the contracts under which those services are offered and applicable law. Nothing on this website should be interpreted as changing these contracts.
Security
Certain features or services available via our website may necessitate that you log in to access your account details. You bear full responsibility for keeping the details of your account, such as passwords, confidential and for all activities occurring under your account due to any failure to safeguard this information. You agree to promptly inform us if you notice unauthorized access to your account or any other security issues. You could be accountable for any losses we or other users or visitors might incur due to unauthorized use of your account stemming from your failure to keep your account secure.
You are prohibited from using another person’s ID, login credentials, or account without explicit approval from the account holder. We disclaim any responsibility for loss or damage that may arise due to your non-compliance with these security guidelines.
Privacy
When you use this website, you accept that no online transmission can be guaranteed as fully private or secure. You recognize that messages or data you send via the website could potentially be accessed or intercepted by third parties, regardless of whether the transmission, like credit card details, is encrypted.
Links to Other Websites
Our website might include links to external sites managed by third parties. We offer these links purely for your ease of use. Offering these links does not imply any affiliation, sponsorship, or endorsement of these third-party websites on our part. The presence of these external links on our site should not be interpreted as an endorsement, assurance, or recommendation of these third-party sites. We have no authority over the legal terms or privacy policies of these external sites; therefore, visiting these third-party websites is at your own discretion and risk.
Disclaimers
We make no guarantees that our website or any of its features, services, or content will function flawlessly, without interruption, or that issues will be fixed, nor do we guarantee specific outcomes from using the site. The website and its content are provided to you "as is" and "as available." Information on the website is subject to alterations without prior notification. We cannot guarantee that any downloaded files or data from the website will be free from viruses, malware, or other harmful components. We disavow all warranties, whether explicit or implied, including but not limited to, warranties of non-infringement, merchantability, and fitness for a specific use. We deny any liability for actions, inactions, or behavior of third parties linked to your use of the website. You bear full responsibility for your use of the website and any websites connected to it. If you are unsatisfied with the website or its content, your exclusive remedy is to cease using them. This constraint on remedies is part of the agreement between you and us.
The aforementioned disclaimers apply to any kind of damages, liability, or injuries arising from malfunctions, mistakes, omissions, disruptions, deletions, flaws, delays in operation or transmission, computer viruses, communication failures, unauthorized access, alteration, or usage, regardless of the reason, whether it be contractual, tortious, negligent, or otherwise.
Limitation of Liability
Unless disallowed by applicable law, we shall not be responsible for any indirect, consequential, special, incidental, or punitive damages, including but not limited to lost revenue, even if we have been made aware of the potential for such damages.
Violation of These Terms of Use
You acknowledge that we reserve the right, at our sole discretion and without prior notice, to revoke your access to the website and/or prevent future access should you be found in violation of these Terms of Use or any other policies or guidelines related to the website's use. You further consent that any breach of these Terms of Use by you will be considered an illegal and harmful business action, causing irrevocable damage to us, for which financial compensation would be insufficient. You agree that we are entitled to seek injunctive relief or other equitable measures as deemed appropriate. These remedies exist alongside any other legal or equitable remedies that we may have.
The failure by us to act upon or enforce any rights or provisions of these Terms of Use does not constitute a waiver of such rights or provisions.
You accept that we, at our sole discretion and without prior notification, may discontinue your access to the website for specific reasons, including but not limited to, (1) legal or governmental orders, (2) your own request for account deletion, (3) significant changes to or discontinuation of the website or services it offers, or (4) unforeseen technical challenges.
You agree that we will bear no liability to you or any third party due to the termination of your website access resulting from any breach of these Terms of Use.