Welcome to the Transition Financial Advisors, Inc. Website. This Terms of Use Agreement (“this Agreement”) governs the use of the Transition Financial Advisors, Inc. Website (“this Website”). This Agreement is a legal contract between Transition Financial Advisors, Inc., an Arizona corporation (referred to in this Agreement as “Transition Financial Advisors, Inc.”) and you, the user of this Website (referred to in this Agreement as “User”) and your principals as described below in Section 1. This Website may be used only by persons who have accepted the terms of this Agreement. If you do not intend to accept this Agreement you should refrain from using this Website in any manner.
Thanks for visiting us.
Accessing or otherwise using this Website constitutes acceptance of this Agreement and agreement to its terms by User and by parties on whose behalf User accesses or otherwise uses this Website (“User’s Principals”). User represents and warrants that he or she is authorized to enter into this Agreement and bind User’s Principals to the terms of this Agreement. Unless otherwise specified, references to “User” in this Agreement shall be construed to also refer to User’s Principals.
Permission to Use; Limitations; Termination
Users who have accepted this Agreement are granted permission to use this Website for its intended purposes subject to the terms of this Agreement. Use of certain components of this Website is subject to additional terms. For example, use of the Transition Financial Advisors, Inc. In addition, use of this Website is subject to Transition Financial Advisors, Inc.’s Privacy Statement. All such additional terms and policies are hereby incorporated into this Agreement. To the extent that such additional terms and policies provide for additional restrictions on use of this Website, such restrictions shall be in addition to those provided under this Agreement. This Website may be used only for the User’s internal purposes. This Website is intended to be for commercial users only. This Website may be used only by Users located in Arizona. User agrees to comply with this Agreement, as it may be modified from time to time as set forth below. User also agrees to comply with all applicable laws. Transition Financial Advisors, Inc. may cancel User’s permission to use this Website at any time by notice to User in the sole discretion of Transition Financial Advisors, Inc.. User’s permission to use this Website shall automatically terminate in the event that User violates this Agreement. All provisions of this Agreement other than the permission to use this Website shall survive termination.
Referral Network and Third-Party Websites/Vendors
Transition Financial Advisors, Inc. allows third-party providers of services and products to be listed as members (“Network Members”) of its Transition Financial Advisors, Inc. Referral NetworkT (“the Network”), and provides an opportunity for Users to review such listings for Users’ convenience. Use of the Network is subject to the terms of this Agreement. In addition, this Website may advertise or provide links to other providers of services and products. The owners and affiliates of such providers of services and products, including Network Members, are referred to in this Agreement as “Third-Party Vendors”. Listings and advertisements of Third-Party Vendors and links to Third-Party Vendor sites shall not be construed as approval or endorsement of such vendors or sites by Transition Financial Advisors, Inc.. If User decides to deal with such vendors or visit such sites, User does so at its own risk. Third-Party Vendors are owned and operated independently of Transition Financial Advisors, Inc. and Transition Financial Advisors, Inc.’s affiliates. Third-Party Vendors have no authority to act on behalf of or bind Transition Financial Advisors, Inc. or its affiliates, and neither Transition Financial Advisors, Inc. nor its affiliates are responsible for the actions of Third-Party Vendors. User further acknowledges that Transition Financial Advisors, Inc. has no control over the services or products provided by Third-Party Vendors or the business operations or practices of such Third-Party Vendors. For example, Transition Financial Advisors, Inc. has no control over the creditworthiness of Third-Party Vendors, the quality of their respective services or products, or the accuracy of information they may provide. User acknowledges that Transition Financial Advisors, Inc. has no obligation to monitor Third-Party Vendors. User acknowledges that Transition Financial Advisors, Inc. does not authenticate Third-Party Vendors or otherwise verify that vendors are who they claim to be, and Transition Financial Advisors, Inc. does not verify that Third-Party Vendors are able to consummate any particular transaction. User shall be responsible for taking such steps as User deems appropriate to evaluate Third-Party Vendors and their services and products and otherwise protect User’s legitimate interests, subject to compliance with this Agreement. User is subject to any applicable rules and policies of Third-Party Vendors including any applicable terms of use or privacy policies applicable to the websites of such vendors. Transition Financial Advisors, Inc. shall not be construed to be a party to the transactions that may be entered into between User and Third-Party Vendors.
Transition Financial Advisors, Inc. cannot guarantee the security of any information provided by User in connection with this Website. Transition Financial Advisors, Inc. shall not be responsible for a compromise of User information. Transition Financial Advisors, Inc. has no obligation to store or maintain any information provided by User. User understands that Transition Financial Advisors, Inc. may access and use information provided by User in accordance with Transition Financial Advisors, Inc.’s Privacy Statement.
Changes to Website; Limitation of Availability
Transition Financial Advisors, Inc. may modify or discontinue any aspect or feature of this Website, including its content, functionality, hours of availability, pricing, registration requirements, the URL through which this Website is accessible, or the equipment needed for its use, at any time and from time to time in the sole discretion of Transition Financial Advisors, Inc.. The availability of this Website is subject to periodic downtime for maintenance and repairs and is subject to interruption due to causes beyond Transition Financial Advisors, Inc.’s control including failure of telecommunication links and failure of Internet infrastructure. User acknowledges and agrees that Transition Financial Advisors, Inc. shall not be responsible for any interruptions of the availability of this Website.
In the event that User is dissatisfied with any aspect of this Website, User’s sole remedy shall be to discontinue use of this Website.
THIS WEBSITE IS PROVIDED “AS-IS” WITH ALL FAULTS AND TRANSITION FINANCIAL ADVISORS, INC. DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW ALL WARRANTIES RELATING TO THIS WEBSITE, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, WARRANTIES AGAINST INFRINGEMENT OR INTERFERENCE WITH ENJOYMENT, OR WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. BY WAY OF ILLUSTRATION WITHOUT LIMITATION, TRANSITION FINANCIAL ADVISORS, INC. DOES NOT WARRANT THAT THIS WEBSITE WILL FULFILL ANY OF USER’S PARTICULAR REQUIREMENTS, THAT ACCESS TO THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY INFORMATION OBTAINED THROUGH THIS WEBSITE IS ACCURATE. NO ORAL OR WRITTEN INFORMATION PROVIDED BY TRANSITION FINANCIAL ADVISORS, INC. OR ITS REPRESENTATIVES SHALL BE CONSTRUED TO CREATE ANY WARRANTIES OR OBLIGATIONS OF ANY KIND AND USER SHALL NOT RELY ON ANY SUCH INFORMATION. USER HEREBY EXPRESSLY ASSUMES ALL RISK OF USING THIS WEBSITE.
NEITHER TRANSITION FINANCIAL ADVISORS, INC. NOR ANY OF ITS AFFILIATES, LICENSORS, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR OTHER AGENTS SHALL HAVE ANY LIABILITY TO ANY USER OR THEIR PRINCIPALS AND AGENTS FOR ANY DAMAGES, WHETHER GENERAL, SPECIAL, DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL, INCLUDING ANY LOST PROFITS OR LOST SAVINGS, WHETHER OR NOT FORESEEABLE AND WHETHER BASED ON CONTRACT, TORT OR STATUTE. USER EXPRESSLY ACKNOWLEDGES AND AGREES THAT TRANSITION FINANCIAL ADVISORS, INC. IS PROVIDING ACCESS TO THIS WEBSITE IN RELIANCE ON THE DISCLAIMERS AND LIMITATIONS SET FORTH IN THIS AGREEMENT, AND FURTHER ACKNOWLEDGES AND AGREES THAT SUCH LIMITATIONS ARE REASONABLE. USER HEREBY RELEASES TRANSITION FINANCIAL ADVISORS, INC. FROM ALL LIABILITY IN CONNECTION WITH USE OF THIS WEBSITE. IN NO EVENT SHALL TRANSITION FINANCIAL ADVISORS, INC.’S LIABILITY TO USER EXCEED THE FEES ACTUALLY PAID BY USER FOR USE OF THIS WEBSITE.
User agrees to defend, indemnify and hold harmless Transition Financial Advisors, Inc. and its affiliates, licensors, shareholders, directors, officers, employees and other agents from and against any claims, liability or expenses arising out of or relating to User’s violation of this Agreement or other wrongful acts or omissions of User or User’s principals or agents.
Proprietary Rights; Restrictions
User acknowledges and agrees that this Website’s content (i.e., data, information, files, graphics, etc.), design, code, underlying technology and related information are proprietary to Transition Financial Advisors, Inc. (or its licensors and vendors if applicable) and protected by U.S. and international copyright laws, trade secret laws, trademark laws and other laws. The posting of information or materials on this Website does not constitute a waiver of any right in such information and materials. This Agreement does not provide user with any right or interest in Transition Financial Advisors, Inc.’s proprietary rights related to this Website or otherwise, and all such rights shall continue to be owned by Transition Financial Advisors, Inc.. Except as expressly provided in the next sentence, User shall not copy, reproduce or otherwise duplicate this Website, in whole or in part, or access or attempt to access any of Transition Financial Advisors, Inc.’s systems, programs, data or other information or content that is not made available for public use. User may view, print or download information on this site that is made available for public viewing, printing or downloading, for User’s own internal use and not for republication, distribution, sale, transfer, preparation of derivative works or other use. In no event may User extract the data on this Website for use as a database regardless of whether such use is internal. Transition Financial Advisors, Inc.T is a trademark of Transition Financial Advisors, Inc. Construction Company and may not be used without the express written permission of Transition Financial Advisors, Inc.. Other trademarks appearing on this site are trademarks of Transition Financial Advisors, Inc. or others and may not be used without the express written permission of their respective owners. If User believes that any content or other aspects of this Website infringe upon the rights of others, User should provide written notice to Transition Financial Advisors, Inc..
Choice of Law and Forum; Attorneys’ Fees
This Agreement shall be governed exclusively by its terms and by the laws of the State of Arizona as applied to contracts entered into in Arizona between Arizona residents without regard to the state’s rules concerning choice of law. User hereby expressly consents and agrees to exclusive jurisdiction and venue in Maricopa County, Arizona with respect to any litigation arising out of or relating to this Agreement, provided that Transition Financial Advisors, Inc. may bring an action to enforce its rights in any forum having jurisdiction. In the event Transition Financial Advisors, Inc. is required to incur any attorneys fees or other expenses in connection with enforcing or defending its right under this Agreement with respect to User, User shall reimburse Transition Financial Advisors, Inc. for such attorneys’ fees and expenses.
In the event that any provision of this Agreement is held to be invalid or unenforceable, the remainder of this Agreement shall continue in full force and effect, and the provision held to be invalid or unenforceable shall be automatically amended to most closely approximate the original provision on terms that are valid and enforceable and the court or other adjudicating authority holding such provision invalid or unenforceable shall make such amendment accordingly.
This Agreement reflects the entire agreement of the parties relating to the subject matter hereof, and any prior or contemporaneous understandings, agreements or representations related to such subject matter are hereby superseded. This Agreement shall control over any conflicting documents or information, including information on this Website, and shall be the sole source of any obligations of Transition Financial Advisors, Inc..
Transition Financial Advisors, Inc. may modify the terms of this Agreement from time to time by posting changes to this Agreement on this Website. No provision of this Agreement may be amended, modified or waived except as provided in the foregoing sentence. User agrees to review this Agreement from time to time and comply with any changes. Any use of this Website after Transition Financial Advisors, Inc.’s posting of any such changes shall constitute User’s acceptance of this Agreement as modified.
The terms of this Agreement constitute the mutual agreement of the parties and shall be construed neutrally and not for or against either party. When used in this Agreement, the term “include” or “including” shall be construed as meaning “including but not limited to.” The headings in this Agreement are inserted for convenience; the provisions of this Agreement shall control.