Investor Portal Terms and Conditions

Please read these terms and conditions carefully. By accessing this web site (the “Site”), and any pages hereof, you are indicating that you have read, acknowledge and agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, do not access this web site. Avant Capital reserves the right to change these Terms of Use which you are responsible for regularly reviewing and your continued use of this web site constitutes agreement to all such changes. As used herein, Avant Capital means Avant Capital Partners and its affiliates.

Restriction On Use

You may not alter, redistribute, copy, upload, reproduce, transmit, or commercially exploit any content on this Site. Notwithstanding the foregoing, you may download content for your personal and non-commercial use, but any use of this Site or content from this Site for public or commercial purposes is strictly prohibited. We reserve all rights with respect to our proprietary information or content on this Site and will enforce such rights to the full extent of applicable copyright and trademark law. Except as expressly provided in these Terms, we do not grant any express or implied rights to you. You agree not to directly or indirectly attempt to register, challenge, or contest the validity of our respective ownership of our intellectual property or to assist any third party in doing so. We grant to you a personal, revocable, non-transferable, non-exclusive license to use this Site. This grant is conditioned upon your continued compliance with these Terms.

Jurisdictional Limitations

As this Site may be used internationally, you agree to comply with all local laws, rules and regulations with respect to your use of the Site, including, but not limited to, all laws, rules and regulations in effect in the jurisdiction in which you reside and the jurisdiction from which you access the Site. The information provided on this Site is not intended for access or use by any person or entity in any jurisdiction where such access or use would be contrary to local law, rules or regulations or which would subject us to any registration requirement within such jurisdiction. Unless otherwise specifically noted, the services and/or products referenced on this Site are intended to be made available only as specifically indicated.

No Advice/No Offer

This Site is not intended to provide you with investment, tax, insurance or legal advice. The content herein is for informational and educational purposes only and should not be considered a solicitation, advice of any nature, offer or a recommendation for any security in any jurisdiction where such offer, solicitation or recommendation would be unlawful or unauthorized. Any investments managed by Avant Capital are not offered through the Site. The Site does not provide all information material to an investor’s decision to invest in any such fund, including, but not limited to, risk factors.  For more information, please refer to an investment’s Private Offering Memorandum and read it carefully before you invest.

The information in the Site should not be construed as any endorsement, recommendation or sponsorship of any company or security by Avant Capital. You should evaluate the information made available through the Site, and you should seek the advice of professionals, as appropriate, to evaluate any opinion, advice, product, service or other information.  You agree that Avant Capital is not liable for any action you take or decision you make in reliance on any information on the Site. You acknowledge that any requests for information are unsolicited and any information provided shall neither constitute nor be construed as investment advice by Avant Capital to you or constitute the formation of an investment advisory relationship or any other client relationship. Avant Capital does not guarantee the suitability or potential value of any particular investment or information source.  Avant Capital may invest or otherwise hold an interest in investments that may be discussed on the Site.

Past Performance Is Not Comparable 

Past performance is not indicative of future returns.  The performance results have not been compiled, reviewed or audited by an independent accountant. Results for the current year are based on the internal books and records of each investment.

You acknowledge and understand that any statements of the past performance of Avant Capital’s investments are not to be viewed or interpreted as an indication, either anticipated or definitive, of Avant Capital’s future performance. In making such acknowledgement, you understand that: (1) the circumstances regarding the past performance of Avant Capital’s investments may be inherently different from the circumstances regarding Avant Capital’s proposed future investments; and  (2) the economic conditions at or around the time of the past performance Avant Capital’s investments may be inherently different from the economic conditions in which Avant Capital will operate.

 

Disclaimer of Warranties & Limitation of Liability

 

Although we have made reasonable efforts to ensure that the information contained within this Site is accurate, we make no representation or warranty, expressed or implied, that the information is accurate or complete. Content, including opinions and guidance, is provided for information purposes only and is subject to change without notice. Given the preceding, this Site is provided “as is”, “as available,” and “with all faults.” We do not warrant that this Site will meet your needs and make no guarantee that we will update this Site. You agree to assume the entire risk as to your use of this Site. Furthermore, we assume no responsibility for, and make no representations or warranties tied to the functions of this Site and make no guarantee that this Site will be error free, free of viruses or other harmful components, uninterrupted, or that defects will be corrected.

Your use of the site is at your own risk. You are solely responsible for any damage to your computer system, loss of data or any other damage or loss that results from the download of any content from the site. In no event shall Avant Capital and/or its suppliers be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with or relating to the use of or access to this website or with the delay or inability to use this website, or for any information, software, products or services obtained through this website, whether based on contract, tort, strict liability or otherwise, even if Avant Capital or any of its suppliers has been advised of the possibility of damages.

Neither we nor any of our affiliates nor their respective officers, directors, trustees, employees and agents are liable under any circumstance for any damage or injury, including, but not limited to damage or injury caused by any performance, failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communications line failure, theft or destruction or unauthorized access to, alteration of, or use of information, whether resulting, in whole or in part from breach of contract, negligence, or otherwise that may result from your use or your inability to use this Site or any content found on this Site.

Ownership of Content

The Site and all of its content, including but not limited to all text, graphics, charts, audio, logos, images, data compilations, icons, code and software (“Content”), are the property of Avant Capital or Agora and are protected by U.S. and international copyright laws, with all rights reserved unless otherwise noted.  All trademarks, service marks, trade names and other product and service names and logos displayed on the Site are proprietary to Avant Capital or Agora, including all registered and unregistered trademarks and service marks of Avant Capital or Agora.  If the Site includes any trademarks, service marks, trade names or logos of any third parties, such items are the proprietary marks and names of their respective owners, and are protected by applicable trademark and intellectual property laws.  Your use of any Content, whether owned by Avant Capital, Agora, or any third party, without the express written permission of Avant Capital, is strictly prohibited except as otherwise expressly permitted in these Terms of Use.  Without limiting the foregoing, you are prohibited from using any of Avant Capital’s copyrighted material or trademarks for any purpose, including, but not limited to, use as metatags, links or otherwise on any website, without the prior written permission of Avant Capital.

No Unlawful or Prohibited Use

You represent and warrant to us that you will not use this Site for any purpose that is unlawful or prohibited under the Terms. As a condition of your use of this Site, you also agree to indemnify and hold us and our affiliates, and their respective officers, directors, trustees, employees and agents harmless from and against any and all claims, losses, liability, costs and expenses, including but not limited to, attorneys’ fees, arising from your use of our Site or from your violation of these Terms.

Access

Avant Capital takes reasonable and appropriate measures to protect information we receive through the Site and to ensure that information is only disclosed to you.  However, the Internet is an open system and there is no absolute guarantee that the information you have sent to us or retrieve will not be intercepted by others and you assume that risk in accessing the Site.

Certain parts of this Site may be protected by passwords or require a login. You are responsible for maintaining the confidentiality of any usernames, passwords, security questions and answers. You understand that you are solely responsible for all electronically transmitted requests. You agree that we shall not be under a duty to inquire as to the authority or propriety of any instructions given to us using your passwords or other security data and that we shall be entitled to act upon any such instructions. We will not be liable for any loss, cost, expense, or other liability arising out of any such instructions. It is your responsibility to notify us immediately of any: (i) unauthorized use of your passwords and other security data; (ii) discrepancy in your account; or (iii) failure to receive written confirmation of any instruction within five (5) business days. In addition, we shall not be deemed to have received a request for any instruction unless and until we have acknowledged to you, in writing, that we have received your request.

Third Party Content/Third Party Links

Avant Capital may provide a link to other sites through the Site. Avant Capital does not control any third-party site and makes no representations concerning the content of any such site and expressly disclaims any liability with respect thereto.

Termination & Cancellation

Avant Capital reserves the right to modify or terminate the Site and to terminate your access to the Site, without notice at any time and for any reason.

Governing Law

The Terms are governed by the laws of the State of Connecticut (except for conflict of law provisions). Any claim related to any dispute arising as a result of this Site or under these Terms shall be made before a court of competent jurisdiction located in the State of Connecticut.  If any provision or provisions of the Terms shall be held to be unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.