Terms of Use
NO SERVICES OR PROFESSIONAL CONSULTATION
Information made available to you through this Site is provided with the
understanding that AVANCE's provision of this information does not constitute
the rendering of investment, consulting, legal, accounting, tax, career
or other advice or services. Information on this Site should not be relied
upon for making business, investment or other decisions or used as a substitute
for consultation with professional advisors. Moreover, AVANCE does not
represent or endorse the accuracy or reliability of such information that
is displayed, uploaded, downloaded or distributed through this Site by
AVANCE, any user, information provider or any other person or entity.
You acknowledge that any reliance upon such information shall be at your
sole option and risk.
ACCESS TO THIS SITE AND ERRORS
There may be delays, omissions or inaccuracies in information obtained by
you through your use of this Site. AVANCE may alter, suspend or discontinue
this Site or your access to use this Site at any time for any reason without
notice or liability. This Site may become unavailable due to maintenance
or malfunction of computer equipment or for other reasons and may result
in damages to your computer system, software, data or operations. You
shall be solely responsible for ensuring that any information or content
obtained from this Site does not contain any virus or other computer software
code or subroutine designed to disable, erase, impair or otherwise damage
your computer system, software or data.
DISCLAIMER OF WARRANTIES
THIS SITE AND ALL MATERIALS THEREON ARE DISTRIBUTED ON AN "AS IS"” BASIS
WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE UNDER
APPLICABLE LAW, AVANCE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NON-INFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITATION,
AVANCE DOES NOT WARRANT THAT: (1) THE INFORMATION ON THIS SITE IS CORRECT,
ACCURATE OR RELIABLE; (2) THE FUNCTIONS CONTAINED ON THIS SITE SHALL BE
UNINTERRUPTED OR ERROR-FREE; OR (3) DEFECTS SHALL BE CORRECTED, OR THAT
THIS SITE OR THE SERVER THAT MAKES THEM AVAILABLE TO YOU ARE FREE OF VIRUSES
OR OTHER HARMFUL COMPONENTS. YOU HEREBY ACKNOWLEDGE THAT USE OF THIS SITE
IS AT YOUR SOLE RISK.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL AVANCE OR ANY OF ITS PREDECESSORS, SUCCESSORS,
PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS,
INVESTORS, EMPLOYEES, AGENTS, REPRESENTATIVES OR ATTORNEYS AND THE RESPECTIVE
HEIRS, SUCCESSORS AND ASSIGNS OF ALL THE FOREGOING BE LIABLE FOR ANY DAMAGES,
INCLUDING DIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY
DAMAGES THAT ALLEGEDLY RESULT FROM THE USE OF, OR THE INABILITY TO USE,
THIS SITE OR THE INFORMATION CONTAINED ON THIS SITE OR OBTAINED FROM YOUR
USE OF THIS SITE, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED
FROM THIS SITE, EVEN IF AVANCE HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. IN NO EVENT SHALL AVANCE'S AND ITS PREDECESSORS, SUCCESSORS,
PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS,
INVESTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, AND ATTORNEYS TOTAL LIABILITY
TO YOU OR ANY THIRD PARTY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION
WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE)
OR OTHERWISE EXCEED ONE SWISS FRANC (CHF 1.00). SOME JURISDICTIONS MAY
NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES IN WHICH CASE SOME OF THE
ABOVE EXCLUSIONS MAY NOT APPLY TO ALL USERS.
INDEMNIFICATION
You hereby indemnify, defend, and hold harmless AVANCE and its predecessors,
successors, parents, subsidiaries, affiliates, officers, directors, shareholders,
investors, employees, agents, representatives, and attorneys (collectively,
the “Indemnified Parties”) from and against any and all liability,
damages and costs, including, without limitation, reasonable attorneys'
fees, incurred by the Indemnified Parties in connection with any claim
arising out of or relating to any breach by you of this Agreement or the
representations, warranties, and covenants you have made by agreeing to
the terms of this Agreement. You shall cooperate as fully as required
in the defense of any such claim. AVANCE reserves the right, at its own
expense, to assume the exclusive defense and control of any matter subject
to indemnification by you.
ENFORCEMENT OF TERMS OF USE AND GOVERNING LAW
This Agreement is governed and interpreted pursuant to the laws of the Canton
of Basel-Stadt, Switzerland , notwithstanding any principles of conflicts
of law. You expressly agree that exclusive jurisdiction resides in the
courts of the Canton of Basel-Stadt. You further agree and expressly consent
to the exercise of personal jurisdiction in the Canton of Basel-Stadt
in connection with any dispute or claim involving AVANCE. If any part
of these terms is unlawful, void, or unenforceable, that part shall be
deemed severable and shall not affect the validity and enforceability
of the remaining provisions.