Terms and Conditions

This website (the “Site”) is owned and operated by THCG LLC d.b.a Avasek (“Avasek”). Throughout the Site, the terms “we”, “us”, and “our” refer to Avasek. Avasek offers this Site, including all information, tools, and services available from this Site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated herein.

The following terms and conditions (the “Terms”) apply to the Site, mobile sites, applications, all products and services made available for purchase on the Site (the “Services”), and other content that are linked to these Terms and any new features, tools, or Services that are added to the current Site. By accessing or using any part of the Site, you agree to be bound by the following terms and conditions, including any additional terms, conditions, and policies referenced herein and/or made available by hyperlink. These Terms apply to all users of the Site, including, without limitation, users who are browsers, vendors, customers, merchants, and/or contributors of content.

Avasek may restrict your ability to use the Site for failure to comply with these Terms, for providing Avasek with untrue or inaccurate information about yourself, for infringement upon Avasek’s proprietary rights, or for any other reason whatsoever or for no reason.

Please read these Terms carefully before accessing our Site or purchasing our Services. By accessing or using any part of the Site, you agree to be bound by these Terms. If you do not agree to these Terms, you are not authorized to access our Site, use any of our Site’s services, or place an order on our Site.

The Services
1. Account. In order to use our Services, you may need to sign up for an account through our Site. You agree to provide us with current, complete, and accurate account information, such as your email address, mailing address, and other contact details. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
2. Credentials. You are responsible and liable for: (a) all actions taken using or made through your account credentials, whether or not authorized by you; and (b) ensuring compliance with these Terms.
3. Use of the Site and Services. You are fully responsible and liable for your use of the Site and the Services purchased from Avasek. It is your responsibility to ensure your computer or mobile device meets all the necessary technical specifications to enable you to access and use the Site. You are responsible for all fees charged by third parties related to your access and use of the Site (e.g., charges by internet service providers).
4. Suspension or Discontinuance. We reserve the right to suspend or discontinue the Site, your account, or any Services at any time. Except as expressly set out in these Terms, we shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Site or Services.
5. Changes to Terms. We reserve the right to update, change, or replace any part of these Terms by posting updates and/or changes to our Site. It is your responsibility to check this page periodically for changes. You can review the most current version of the Terms at any time on this page. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of such changes.
Personal Information. You acknowledge and agree that by providing Avasek with your personal information (including your account information), you consent to the collection, use, and disclosure of such information in accordance with our Privacy Policy, or for the purposes identified to you at the time you provide the personal information. To view our Privacy Policy, please visit the following hyperlink: https://avasek.com/privacy-policy/.
Intellectual Property
1. Site Materials. As between you and Avasek, Avasek owns or licenses the Site and all data, content, text, graphics, forms, information, artwork, images, photographs, products, Services, data compilations, functional components, software, documentation, and other material on, in, or made available through the Site (“Site Materials”), as well as the selection, coordination, arrangement, organization, and enhancement of the Site Materials.
2. Proprietary Rights. Except for third party marks, as between any user and Avasek, all names, trademarks, service marks, certification marks, symbols, icons, slogans, or logos appearing on the Site are proprietary to Avasek or its affiliates, licensors, or suppliers. Use or misuse of these trademarks or any third party marks is expressly prohibited. Under no circumstances will you have any rights of any kind in or to the Site Materials, other than the right to use the Site Materials in accordance with these Terms. Unless otherwise expressly authorized by Avasek in writing, you agree not to copy, download, use, or store any Site Materials from the Site and agree not to remove any proprietary notices, trademarks, or labels on or in the Site or the Site Materials.
Accuracy, Completeness, and Timeliness of Information. All Site Materials is provided on an “as is” basis. Occasionally, information on our Site or available through our Services may contain typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotion, and/or availability. We are not responsible if information made available on this Site is not accurate, complete, or current. Avasek reserves the right to correct any such errors, inaccuracies, or omissions and to update information at any time, at the sole discretion of Avasek, without prior notice. The material on this Site is provided for general information purposes only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this Site is at your own risk. You agree that it is your responsibility to monitor changes to our Site.
Third Party Links. Third party links on this Site may direct you to third party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of these third party websites, and we do not warrant and will not have any liability or responsibility for any third party materials or websites, or for any other materials, products, or services of third parties. We are not liable for any harm or damages related to the purchase or use of goods, products, services, resources, content, or any other transactions made in connection with any third party websites. We encourage you to carefully review the third party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third party products should be directed to the third party.
Prohibited Uses. In addition to other prohibitions as set forth in these Terms, you are prohibited from using the Site or Site Materials: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, or provincial regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, disability, or other enumerated grounds of discrimination; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Site or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; (k) to send spam or commercial electronic messages; (l) to interfere with our Site’s network or attempt to circumvent the security features of the Site or any related website, other websites, or the Internet; (m) reproduce, duplicate, sell, resell, modify, or exploit the Site or the Site Materials, in whole or in part; or (n) to use or resell Avasek Services for any commercial purpose. You acknowledge and agree that the unauthorized use of the Site or the Site Materials could cause irreparable harm to Avasek and that in the event of such unauthorized use, Avasek shall be entitled to an injunction in addition to any other remedies available at law or in equity.
Feedback. If you send or transmit any communications, comments, questions, suggestions, or related materials regarding the Website, whether by e-mail or otherwise (collectively, “Feedback”), such Feedback is, and will be treated as, non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and Avasek is free to use, without any attribution or compensation to you, any and all Feedback for any purpose whatsoever. You understand and agree that Avasek is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.
Communication Channels. The Site may provide communication channels such as blogs, forums, news posts, or insights (collectively, “Communication Channels”). Avasek is under no obligation to monitor these Communication Channels and reserves the right to review materials posted to the Communication Channels and to remove any materials, at any time, with or without notice for any reason, at its sole discretion. You acknowledge that the information posted on the Communication Channels are for general information purposes only and should not be relied on by you. By posting on the Communication Channels, Avasek does not endorse the information, and such communications should not be considered reviewed or approved by Avasek. You will be solely responsible for your activities within the Communication Channels and under no circumstances will Avasek be liable for any activity within or reliance on the Communication Channels.
Disclaimers
1. Services. We do not warrant that the quality of the Site or any Services purchased by you or accessed through the Site will meet your expectations, or that any defects will be remedied. Any offer for any Services made through the Site is void where prohibited by applicable laws.
2. No Warranties. In addition to Section 6, you assume all responsibility and risk with respect to your use of our Site, which is provided “as is” and “as available” without warranties, representations, or conditions of any kind, either express or implied, with regard to information accessed from or via our Site, including without limitation, all Site Materials, or any information or materials on, in, or made available through the Site, all of which are provided without warranty of any kind, including but not limited to warranties concerning: (i) the availability, accuracy, completeness, or usefulness of content or information; (ii) uninterrupted access; and (iii) any warranties of title, non-infringement, merchantability, or fitness for a particular purpose. We do not warrant that our Site or its functioning, or the content and material of the services made available thereby, will be timely, secure, uninterrupted, or error-free, that defects will be corrected, or that our Site or the servers that make our Site available are free of viruses or other harmful components. Several factors may impact the quality of your communications and use of the Site and may fail your communications, including, without limitation, your local network, firewall, your internet service provider, the public internet, and your power supply. Avasek takes no responsibility for any disruption, interruption, or delay caused by any failure of or inadequacy in any of these items or any other items over which we have no control.
Limitation of Liability. To the maximum extent permitted by law, in no event shall Avasek or its directors, officers, employees, affiliates, agents, contractors, suppliers, service providers, or licensors be liable for any direct, indirect, consequential, incidental, exemplary, punitive, or special damages, including those characterized as lost revenue, lost savings or revenue, or lost profits, whether based on contract, tort (including negligence), or other legal or equitable basis, including without limitation damages for harm to business, loss of information or data, loss of goodwill, or other economic loss, arising from, or in connection with, your use of, or inability to use, the Site, any errors or omissions in any Site Materials, or any loss or damage of any kind incurred as a result of the use of the Site or any Site Materials posted, transmitted, or otherwise made available via the Site, even if Avasek has been advised of the possibility of such damages in advance.
Indemnification. You agree to indemnify, defend, and hold harmless Avasek and our subsidiaries and affiliates, including its respective officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms or the policies they incorporate by reference.
Miscellaneous
1. Interpretation. The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms. Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
2. Severability. In the event that any provision of these Terms is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, all without affecting the validity and enforceability of any other remaining provisions.
3. Waiver. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
4. Entire Agreement. These Terms and any policies or operating rules posted by us on this Site constitutes the entire agreement and understanding between you and us and governs your use of the Site, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of these Terms).
5. Governing Law. These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law rules. You consent and attorn to the exclusive jurisdiction of the courts located in the City of Toronto and in the Province of Ontario.

Contact Information: Questions about the Terms should be sent to us at contact@avasek.com.