Terms-Disclaimer-Privacy

You agree to these TERMS when you use Avanta® in any manner or form. “Use” or “using” is defined as either or both of the following:

1. You engage us for Biz Compliant™️ Services (defined below) OR
2. You use or access to this Avanta® website, any other of our social sites like Facebook, LinkedIn, YouTube, Blogs, and using or accessing our materials, online platforms and shared online files (collectively the “Web & Social sites,” “Sites“).

“You” are defined as the individual or a business that is using Avanta® (“you,” “your,” “Client”).  Your “use” is an acknowledgment by you that the following terms and conditions, the disclaimer, and the privacy policy (collectively the “Terms”), as amended from time to time, are read and accepted by you.  The Web & Social sites are owned and operated by Dana Ball PLLC, d/b/a/ Avanta® (“Avanta,” “firm,” “we,” “our,” “us”).

Authority to Consent to the Services. You represent and warrant that you are authorized and have the legal capacity to “Consent” to these Terms and to the Services we agree to provide. You intend to be legally bound by your Consent, and you are aware that we will rely on your Consent, and you waive any defenses to enforcing these Terms based on the form of Consent. If you do not agree to these Terms, you are not authorized to “use” Avanta® in any manner or form.

Disclaimer that Legal Information Is Not Legal Advice. The legal information we provide is intended as general information about good business practices and is offered purely for informational purposes (“Information“). It is not intended to be a source of advertising, solicitation, or to create or promote an attorney-client relationship.  It does not constitute and should not be relied upon as legal advice.  It is not intended to seek professional employment in any state where lawyers in the firm are not admitted to practice law or in any state where the Web & Social sites would not comply with applicable requirements concerning advertisements and solicitations.

You Assume the Risk.  We intend to make every attempt to keep this information current. We do not guarantee that the information is correct, complete, or up to date.  You understand that your use of such Information is at your own risk, and such Information is not intended to constitute Legal Advice or substitute for obtaining Legal Advice from competent, independent legal counsel in the relevant jurisdiction. Transmission of information from the Avanta® Web & Social sites is not intended to create, and its receipt does not constitute, an attorney-client relationship with Avanta® or any of its attorneys or affiliates (defined below).

Utah Law. We employ attorneys licensed in Utah and attorneys, paralegals, legal assistants, clerks, interns, accountants, CPAs and other independent contractors from jurisdictions outside Utah (“affiliates”). Some of our Services require the application of Utah Law, and there are certain Services that do not require the application of Utah law. For Services that require the application of Utah Law, then that is considered “Legal Advice,“ and you agree that for such Legal Advice, an attorney-client relationship is established between you and Avanta.

Internet Communication is a Risk.  If you elect to communicate with the firm, or any of its affiliates, through the Web & Social sites, please do not transmit any sensitive information or confidential information that may involve you. Unsolicited information that you send to us will not be treated as confidential. While we do implement several security measures, due to the unsecured nature of the internet, Avanta®, cannot guarantee that information transmitted in that fashion to us will not be intercepted and used by a third party. For your convenience, a contact phone number is provided here 801.851.5502 so that you can communicate confidentially and securely.

Testimonials.  We are pleased to hear from you and welcome your comments and suggestions.  We may use testimonials, reviews, feedback (“testimonials”) in whole or in part together with the name, city and state of the individual submitting it, at our sole discretion. Any testimonials found on the Web & Social sites are from actual client experiences working with our firm and do not promise or guarantee any certain outcome about your legal or business compliance questions.

No Guarantees. With either Information or Legal Advice, we have made no promises, representations, or guarantees to you. Our opinions are limited only to opinions based on our experience and judgment. Opinions are not promises, guarantees, or representations as to the outcome of the Services.  We have no continuing obligation to advise you concerning future legal developments.  Every situation, business, business partnership, and any other individuals involved are different.  Each situation will employ different strategic approaches in different situations and jurisdictions.  Fees are based on the work, preparation and value of the Services and not the outcome for you.  The potential to get results is entirely dependent on you.  You understand that applying the Information will take time and effort and may be applicable in some situations but not others.  We are not responsible for any of your actions, decisions, results or legal ramifications.

Your Legal Responsibilities.  You agree that you will only use our Services for lawful purposes, and you will not use our Services for any unlawful or harmful purpose.  You are solely responsible for complying with applicable laws and regulations with your business.  Avanta® will have no liability for your violation of any laws.  You agree to indemnify us and our affiliates if you or your business violate any law, and a claim is threatened or asserted against us or any of our affiliates.

No Litigation.  We do not handle any litigation matters.  If you have issues requiring litigation, we may assist you in finding an attorney to handle the litigation matter.

No Tax Advice.  We do not offer tax advice, and any tax guidance you require is beyond the scope of our Services.  We specifically disclaim any representations or advice, express or implied, without limitation, any representations or advice concerning your taxes, including personal and business taxes.  You agree to consult with your tax advisor to ensure that you fully understand the tax ramifications of any decision regarding our Services, the terms included in any documents we prepare for you, selling and purchasing assets or equity of a business, and your compliance obligations with the legal entities you own.

CTA Compliance.  The Corporate Transparency Act (“CTA”) was enacted to curb illicit finance as part of the Anti-Money Laundering Act of 2020.  As of January 1, 2024, the CTA requires many companies doing business in the United States to report information about the individuals who ultimately own or control them, the BENEFICIAL OWNERS, including any required updates or corrections to previously reported information.  You understand that failure to timely or fully report the required information will subject you and your business to fines and penalties. We specifically disclaim any representations or advice, express or implied, without limitation, any representations or advice concerning your personal liability or otherwise for CTA reporting compliance.  You unconditionally and irrevocably exonerate, waive, and release Avanta from all claims, causes of action or liability arising from liability for any failure of you or your business to comply with the CTA and its reporting requirements.

 

The following applies when you engage us for any Biz Compliant™️ Services (“Services”) , even if such engagement is complimentary or paid.  Here’s a list of Services that small businesses typically order from us:

• Advice and consultation “Calls” on general business compliance and strategy planning under Subscription packages or Strategy Call options
• Contracts for the following purposes:
  • Client Services
  • Independent Contractor
  • Employment
  • Business Partnership
  • Website Terms
  • Promissory Note
• Business Asset and Equity Purchase packages
• LLC or S Corp Maintenance packages
• Legal Entity Compliance Audits
• Access to our Maintenance Made Easy™️ (“MME™️”) Biz Compliant Platform Tools
• HR Compliance packages
• HR Compliance Audits
• Code of Conduct Policies
• Access to our HR Compliance Platform Tools

FEES FOR SERVICES

We have organized Avanta’s delivery of Services to be as streamlined as possible without heavy overhead.  This means no surprises with Fees like there is with hourly billing, and the set Fees are reasonable, competitive, and transparent.

Fees.  We charge a set amount (“Fees”) for each of our Services, which means we do not charge by the hour.  This way, you will always know what to expect and how much our Services will cost, with no surprises.  For the Fees we charge, we are not obligated to perform any work outside the Services you order.  Sometimes your project requires additional Fees for the Services.  Costs to process payment of Fees are built into the Fees amount with the Services (see below for specifics).  We will notify you ahead of time of any additional Fees that apply to you.  The Fees for the Services are fully earned by us at certain intervals depending on the Services ordered (see below under Termination and Refunds for specifics).

Changes with Our Services and Fees.  We reserve the right, without notice, to discontinue Services or modify specifications and Fees without incurring any obligation to you.  Any changes with your Subscription package will take effect following an email notice to you.

Order Placement and Acceptance.  If you order Services, payment must be received by us before your order is accepted.  We may require additional information regarding your order, and we may cancel or limit an order any time after it has been placed.  Your electronic order confirmation, or any form of confirmation, does not signify our acceptance of your order.  Upon your request, we will fully refund any order that is canceled any time prior to us starting to work on the Services you ordered.  See below for details about our Refund policy for work that has been started.  We reserve the right to limit the sales of our Services to any person, geographic region, or jurisdiction.  We may exercise this right on a case-by-case basis at our sole discretion.  Your purchase of other Services is conditioned on you re-affirming your acceptance of these Terms.

Effective Date. The date that you schedule a Call or the date that you place an order is the “Effective Date” for Services. The Services will not take effect, and we will have no obligation to provide any Services until you pay the Fees and provide any additional information we request. If applicable, upon payment of the Fees, the Effective Date will be retroactive to the date we first start working on your Services.

Initial Consultations.  Initial Consultations are complimentary (no charge) and are only available to new contacts who have not had a call with us before.  If you have had an Initial Consultation with us before, then you do not qualify for another complimentary call.

Subscription Packages.  If you order a “Subscription” package that is for a set period (beyond month-to-month), you are required to make ALL PAYMENTS per that Subscription.  The month-to-month Subscription packages can be cancelled any time prior to the next month.  For a Yearly or 6-month Subscription, we offer monthly payments to make it more affordable.  The first payment is due as requested by us.  Every month, your account will be charged the monthly Subscription amount.  Your failure to utilize some or all the Services for the Subscription package ordered will not relieve you from your monthly payment obligations.

Payment of Fees. To submit payment, you are required to provide “Payment Information,” such as your credit card account or bank account (“Account”) information, and additional information may be required, such as your email address, name, and mailing address.  You acknowledge and agree that payments are due on a recurring basis if under a Subscription and for other Services, payments are due upon request (unless cancelled according to these Terms). You authorize the payment of Fees for the Services you order, including any automatic monthly payments for a Subscription.

Third-Party Payment Vendor. Your Payment Information is collected and processed by a “Third-party Payment Vendor” under the terms and conditions of the Third-party Payment Vendor’s privacy policies and terms of use.  You agree that the Third-party Payment Vendor, not Avanta, is solely responsible for your Payment Information.  We will not be liable for any damages, claims, or liabilities arising from your Payment Information.

Payment Processing Costs.  You acknowledge that payments made via our Third-party Payment Vendor will incur costs for processing payments (“processing costs”).  These processing costs are typically 2.9% + $0.30 per transaction.  Processing costs will be deducted from the total amount received by our Third-party Payment Vendor.  You understand that these processing costs are built into our Fees.  Therefore, our Fees are defined as the amount transferred to us from our Third-party Payment Vendor which is the amount you paid minus any applicable processing costs.

EXAMPLE: You order a 15 min Strategy Call for $100.  You will be charged $100 which $3.20 ($2.90 + $0.30) covers the processing costs and the balance of $96.80 is the Fees amount for our Services.

You are the Authorized User. The origination of your payment transactions to the Account must comply with the provisions of U.S. law. You certify that you are an authorized user of the Account used to pay the Fees, and you will not dispute these payment transactions with your bank or credit card company so long as the transactions correspond to the Services you order.

If Payment Fails.  If a charge is declined or returned for insufficient funds (“Failed Payment”), you understand that additional attempts will be made to process the payment.  However, if the additional attempts continue to result in a Failed Payment, you will have seven (7) days from our notice of the Failed Payment to pay the due amount.  An additional thirty-dollar ($30) charge will be initiated for each Failed Payment as a separate transaction from the authorized payment.

Communication Caps. Since our Fees are fixed, not hourly, we will have allotted a set amount of time for communication between us depending on the Services you order.  Communication includes phone calls, in person meetings, emails, text messages, screen video recordings made by us, and video calls regarding your Services, but the communication could be with another party such as the state, another attorney, your CPA, etc.  We will notify you if you are close to the communication cap for your Services.  You agree to take care of any additional Fees as requested for the communication time required to fulfill the Services.

 

HANDLING CONFLICTS

You Waive any Conflict of Interest. We work with many small businesses related to their business practices. You agree that we may provide such assistance to other small businesses not substantially related to our work for you or any of your affiliates, even if such assistance is directly adverse to your business.

Potential Conflicts of Interest. We often work with the members and shareholders of legal entities. However, each individual and each legal entity represent a potential “Conflict of Interest.” Once engaged, we require you to electronically sign a “Written Consent” that waives this potential Conflict of Interest between yourself, the individual owner, and the legal entity. Or another example is when the legal entity has multiple owners, the Written Consent may waive the Conflict of Interest between all owners and the legal entity. You agree to comply with all requests to electronically sign any Written Consent necessary to proceed with our Services.

Your Duty with Resolving Conflicts. If the Services involve multiple parties (business partners), your interests may be the same initially. However, circumstances may change and cause a divergence of interests between you and the other parties. You agree to resolve your differences among yourselves without our assistance. If you cannot resolve your differences, our ethical obligations for Utah Clients may require us to withdraw from the Services.

Confidentiality. In assisting you, we may receive nonpublic personal information about you, your business, and possibly personal information regarding your company officers, directors, shareholders, managers, members, or employees. All such information will be held in strict confidence and will not be disseminated to any person or business outside Avanta without your consent unless such disclosure is required under the applicable law.

 

COMMUNICATION WITH US

Electronic Consent.  All information communicated on the Web & Social sites is considered electronic communication.  When you communicate with us through other forms of electronic media such as email, you are communicating with us electronically.  We communicate with clients through personal interviews, telephone calls, video calls, Emails, text messages, screen video recordings, and sometimes letters (“Communication“). You agree that we may communicate electronically with you and that such communications are equivalent to communications in writing and will have the same force and effect as if they were in writing and signed by the party sending the communication.

Communication and Recordings.  We record our telephone and video calls to provide the best service possible (“Recordings”). These Recordings help us track specific requests and Client expectations. All such communication data will be kept confidential. You acknowledge, authorize and consent to such Communication and the applicable Recordings.

• Video and Phone Calls. Instead of in-person meetings at our offices, we schedule video and phone calls (“Calls”). For most Services, we will have Calls that last a minimum of a 30- minutes, but some Services include a more extended Call.
  • No Unscheduled Calls. To honor everyone’s busy schedules, all Calls are prescheduled.
• In Person Meetings. We prefer to meet by phone or video Calls.  Occasionally, we may be available to meet in person, based on the circumstances of the conversation and our mutual needs.
• Email. Electronic mail (“Email”) is not considered a secure means of communication. Still, due to convenience and timeliness, we use Email as the primary means of written communication with clients. The data shared via email is encrypted and secured using industry-standard 128-bit SSL encryption. You consent to share your data by Email.
• SMS Messaging. You consent and opt-in to receive text messages from us.
• Primary Point of Contact. Our primary point of contact regarding this matter will be the person who contacted us. However, if there is more than one person involved with the Services ordered, you agree to assign a single point of contact to coordinate communication between you and us.
• Newsletter. You consent to receive delivery of electronic newsletters and other communications from us, or an entity affiliated by ownership with us. We will never share your Email address with any unaffiliated third party. You may opt out of our newsletter.

Your Cooperation.  We need your complete and timely cooperation to provide the Services.  You will provide accurate and complete information as requested (“requests”).  Accordingly, with such requests, you will:

• Respond to the Forms we send you and emails that have specific requests for information;
• Respond to requests for your electronic signature and any affiliated parties’ electronic signatures;
• Provide complete and accurate information;
• Keep us informed of contact information, cell numbers, physical and mailing addresses, and email addresses for you and your legal entities.
• Keep us informed of any changes in the ownership of your legal entities.
• Cooperate promptly and thoroughly with all reasonable requests.

Our Ready Schedule. We begin working on Services in the order they are added to the “Ready Schedule.” Your Services will be added to the Ready Schedule once you fulfill our Requests. Our turnaround time depends on the progress of other projects in our current workload. We will notify you when you have been added to our Ready Schedule.  Also, if we run into a delay then we try to keep you informed on our timing and progress.

Delays. We don’t like bugging you, but you understand that we may be delayed fulfilling the Services if you fail to respond to our requests (“Delays”). For Delays that last ninety (90) days from the last date we issued such requests, your Services may be paused (“Paused Services”), and we may stop working on your Services. We will continue to check in with you, but you agree that resumption is subject to our approval and current workload when you wish to continue with the Services following such a Delay.

 

TERMINATION AND REFUNDS

Your Right to Terminate Services. You may terminate our Services anytime by notifying us in writing. Upon receipt of such “Client Notice to Terminate” representation, we will immediately stop all work on your behalf.

Our Right to Terminate Services. We only want to provide services that we believe benefit our clients. Therefore, we reserve the right to decline engagement of our Services or to terminate Services (to the extent permitted by the ethical and court rules) you have ordered if we determine, in our sole discretion, any of the following:

• The Services are inappropriate for your circumstances.
• The Services are beyond the Scope of Services we provide.
• You breach any material obligation outlined in these Terms.
• You fail to cooperate or follow our advice.
• If a conflict of interest develops or is discovered.
• In our opinion, if there exists any fact or circumstance that would render our continuing assistance unlawful, unethical, or otherwise inappropriate.

If we decide to terminate our Services, we will notify you by Email or U.S. Postal Service that we are terminating the Services effective on the date of dispatch (“Firm Notice to Terminate”).

Effect of Termination.  Upon either a Client Notice to Terminate or a Firm Notice to Terminate, you agree to take all steps reasonably necessary and to cooperate as reasonably required to free us of any further obligation to perform the Services, including the execution of any documents. While we are not obligated to do so, at the time of termination, we may suggest other attorneys that would be a better fit for the Services that we believe are more appropriate for your circumstances.

Refunds of Fees if certain Services are Terminated Early. If either party terminates Services (not Subscriptions or Strategy Calls) before we complete the Services, you may be entitled to a refund of all, or part of the Fees based on the value of the Services performed before termination. This means that you are responsible for our time working on the Services at $425 an hour (“Hourly Fees”) and any expenses incurred on your behalf before the Client’s Notice of Termination or before the Firm Notice of Termination.

• Within sixty (60) days of such termination, we will send you a “Closing Statement” to set forth the Hourly Fees and expenses you owe. The Fees you paid will be applied to the balance due. A refund check will be issued if any credit remains after applying the Fees. If there’s a balance due after using the Fees, that is due and payable upon receipt of the Closing Statement.
• No Refund if Termination occurs on or after a draft is ready to send you.

Refunds for Business Purchase Packages.  If your Business Purchase deal fails to close (“Termination”) then the following refunds apply:

• Subscription (Dedicated Biz Purchase Services) cancels immediately. No refunds for any subscription fees paid to date.
• Fees for Services will be refunded as follows:
  • 75% if Termination occurs before we prepare an initial draft.
  • 50% if Termination occurs on or before edits are applied to a draft to be emailed to the other party.
  • No refund if Termination occurs on or after a draft is ready to send to the other party.

No Refunds for Strategy Calls. If you schedule a Strategy Call and fail to show up or if you try to cancel before the Call, there is no refund. By scheduling Calls, you have decreased our availability for other clients to schedule. Also, if we run out of time while on a Call, then the Call will end on time, and you will need to order another Strategy Call and schedule again.

EXAMPLE: If you schedule a 15-minute Strategy Call, but your questions cannot be answered in 15 minutes, you will need to order and schedule another Strategy Call to continue discussing your question.

Subscription Refunds.  We will fully refund you if you cancel prior to using the Services for the Subscription package you order, and the cancellation is sent within twenty (20) days from the date you order the Subscription package.  Using the Services of a Subscription means, scheduling Calls, accessing one of our platforms for business or HR compliance, submitting responses to a Form from us, etc.  If you fail to cancel as stated here, then you will be required to finish making all payments per the Subscription package ordered.

EXAMPLE: If you order a 12-month Subscription package for $200 a month ($2400 Subscription Fees), and the next day you cancel before using the Services of the Subscription, then the initial $200 you paid will be refunded.

EXAMPLE: If you order a 12-month Subscription package for $200 a month ($2400 Subscription Fees), by the third month you have not scheduled any Calls or otherwise used the Services of the Subscription, then no refund because the cancellation was not sent within 20 days of the order. You will be required to finish making the payments until the Subscription ends (after 12 months).

Subscriptions Auto Renew.  If you fail to cancel prior to the end of a Subscription package, then it will automatically renew for the same number of months.

EXAMPLE: If you order a 12-month Subscription package for $200 a month ($2400 Subscription Fees), and you fail to cancel any time before the 12^th month, then you will be required to submit payments for another 12 months.

 

The following applies when you use or access the Sites.

Registration Information.  To access the Sites or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Sites that all the information you provide on the Sites is correct, current, and complete. You agree that all information you provide to register with any of the Sites or otherwise, including but not limited to using any interactive features on the Sites, is governed by our Privacy Policy (see below), and you consent to all actions we take with respect to your information consistent with our Privacy Policy. We have the right to disable any user at any time, in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of the Terms.

Unauthorized Access.  If you choose, or if you are provided with any piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account and the passcode assigned to you is personal to you and you agree not to provide any other person with access to the Sites or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or passcode for the facility or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use caution when accessing your account from a public or shared computer so that others are not able to view or record your personal information.

Intellectual Property Ownership. You acknowledge and agree that the Services provided by the Sites and any necessary software used in connection with any Services (“Software“) contain proprietary and confidential information that is the property of Avanta and its licensors and is protected by applicable intellectual property and other laws. No rights or title of, to any of the Software used in connection with any Services is provided, transferred, or assigned to you. Our Sites including articles, text, photographs, images, illustrations, graphics, video material, audio material, and Software (collectively, the “Intellectual Property”), are protected by copyright, trademark, and other laws.  The Intellectual Property is owned or controlled by Avanta, or the party credited as the provider of the Intellectual Property.

• Trademarks. You acknowledge that Avanta has exclusive rights in Avanta’s trademark and service mark. Trademarks, service marks, logos, and copyrighted works appearing on the Sites are the property of Avanta. We retain all rights with respect to any of their respective intellectual property appearing on the Sites, and no rights in such materials are transferred or assigned to you.
• Except as expressly authorized by us or advertisers, which authorization will not be unreasonably withheld, you agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services or Software, in whole or in part.

Intended Audience. The Sites are intended for adults only and not intended for any children under the age of 13.

Third Party Content. The Sites may include content provided by third parties. All statements and/or opinions expressed in content other than the content provided by us, are solely the opinions and the responsibility of the person or entity providing such content. We are not responsible, or liable to you or any third party, for the content or accuracy of any content provided by any third parties.

Prohibited Uses. You may use the Sites only for lawful purposes and in accordance with these Terms. You agree not to use the Sites:

• In any way that violates any applicable Law (federal, state, local or international law or regulation);
• For exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise;
• To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Terms;
• To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation;
• To impersonate or attempt to impersonate Avanta, including our affiliates, another user or any other person or entity, including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing; or
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Sites, or which, as determined by us, may harm us or users of the Sites or expose them to liability.

Restricted Use of the Sites.  Additionally, you agree not to:

• Use the Sites in any manner that could disable, overburden, damage, or impair the Sites or interfere with any other party’s use of the Sites, including their ability to engage in real time activities through the Sites;
• Use any data-mining, scraping, crawling, using any robot, other automatic device, script, technology or processes that send automated queries to the Sites or using other similar methods and tools to gather or extract data, material or other information from the Sites, without our prior written consent, which consent may be withheld and withdrawn by us at any time, with or without notice, in our sole discretion (unless you create a script to download your personal transactions), process or means to access the Sites for any purpose, including monitoring or copying any of the material on the Sites;
• Use any manual process to monitor or copy any of the material on the Sites or for any other unauthorized purpose without our prior written consent;
• Use any device, software or routine that interferes with the proper working of the Sites;
• Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Sites, the server on which the Sites are stored, or any server, computer or database connected to the Sites;
• Attack the Sites via a denial-of-service attack or a distributed denial-of-service attack; or
• Otherwise attempt to interfere with the proper working of the Sites.

Compliance with Laws. You must abide by all applicable Federal, State, and local laws (“Law”). If you are outside the United States you must comply with all local Law with respect to your online conduct, as well as the export of data to the United States or to your country or residence.

International Use. Although the Sites may be accessible worldwide, we make no representation that materials and/or Software on the Sites are appropriate or available for use in locations outside of the United States. Accessing the Sites and/or Software from territories where such content is illegal is prohibited. Users who choose to access the Sites and/or Software from other locations do so on their own initiative and are responsible for compliance with local Law.

Non-Disparagement. “We” (you and us) will treat each other respectfully and professionally and not disparage each other. We will refrain from making any false, negative, critical, or disparaging statements, implied or expressed, concerning the other in any manner likely to be harmful to them or their business, business reputation or personal reputation including, but not limited to, on social media platforms, verbal communications, and print media.

No Warranty.  The Sites and any information or Services purchased through the Sites is provided on an “as is” and “as available” basis.  Avanta expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement as applicable to information located on the Sites.  We make no warranty that (1) the Sites will meet your requirements, (2) the Sites, and any information or Services provided by the Sites, will be uninterrupted, timely, secure, or error-free, (3) the results of using the Sites, and any information or Services provided by the Sites, will be accurate or reliable, (4) the quality of any products, services, information, or other material purchased or obtained through your use of the Sites will meet your expectations, or (5) that any errors in any software utilized by the Sites will be corrected.  No advice or information, whether oral or written, obtained by you from or through Avanta will create a warranty not expressly stated in these Terms.

Indemnification. You agree to indemnify, defend, protect and hold Avanta, its owners, officers, its subsidiaries, affiliates, licensors, content providers, service providers (the “Indemnified Parties”) free and harmless from and against all resulting loss, liabilities (including, but not limited to, negligence, tort, breaches of statutory duties, and strict liability), damages, judgments, suits, and all legal proceedings, and any and all costs and expenses (including attorneys’ fees) arising out of or in any manner related to the Services provided by Avanta or by use of the Sites, any breach or unauthorized use of the Terms by you, any electronic devices used to contact us and other incorporated documents, including, without limitation, (a) claims for injury to or death of persons and for damage to property. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your participation with any Services or arising out of your use of any content or information accessed from the Sites.  You agree to give us prompt notice of any such claim or liability.

Release of Liability. Your use of the Sites, purchase of Services and any other participation with our Services constitutes acceptance of this release of liability.  You agree to release and hold harmless Avanta, its owners, officers, its subsidiaries, affiliates, licensors, content providers, service providers, and affiliates from any and all liability, present and future, known or unknown that is associated with your participation (“Release of Liability”) from any and all claims, demands, losses, expenses, damages, liabilities, actions, causes of action of any nature, including but not limited to personal injury, wrongful death and property damage, that in any manner arise from or relate to your participation.  This extends to and includes all claims, liabilities, injuries, damages, and causes of action that you or Avanta do not presently anticipate, know, or suspect to exist, but that may develop, accrue, or be discovered in the future.  You represent and warrant that you have considered the possibility that claims, liabilities, injuries, damages and causes of action may develop, accrue, or be discovered in the future, and you voluntarily assume that risk as part of your participation.  You agree that this Release of Liability will bind the members of your family and spouse, if you are alive, and your heirs, assigns, and personal representatives if you are deceased, as well as your business and any members or shareholders of your legal entity (the “Releasors”).

Limitation of Liability.  Applicable Law may not allow the exclusion of certain warranties or limitation of liability for certain damages.  Even if a court determines that some of the limitations or exclusions do not apply to you, Avanta’s aggregate liability for claims will be limited to an amount equal to the sum of Fees paid to Avanta over the prior year.  Any claim must be made within one (1) year of the incident to which it relates or forever be barred. You execute this Release of Liability voluntarily and with full knowledge of its significance, and with the intent of binding yourself and the Releasors.  You expressly agree that this Release of Liability is intended to be as broad and inclusive as permitted by law.  You have carefully read this Release of Liability section and fully understand its contents.

Relationship With Us. Nothing contained in these Terms, or your use of the Sites will be construed to constitute you and Avanta as a partner, joint venturer, employee, or agent of each other, nor will either hold itself out as such. Neither you or Avanta has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of each other, it being intended that each will be responsible for its own actions.

Waiver of Jury Trial. You irrevocably, knowingly voluntarily and intentionally waive, to the fullest extent permitted by law, any right to a trial by jury in any action or proceeding arising out of your participation This provision is a material inducement for you to agree to the Terms.  You agree that any such action or proceeding will be tried before a court and not a jury. If this waiver of a trial by jury is deemed invalid, you agree that any action or claim arising out of any dispute in connection with your participation, any rights, remedies, obligations, or duties, or the performance or enforcement will be determined by judicial references.

Equitable Remedies. You agree that it would be impossible or inadequate to measure and calculate Avanta’s damages from any breach of the covenants set forth in these Terms. Accordingly, you agree that if you breach any covenants, Avanta will have available, in addition to any other right or remedy available, the right to obtain an injunction from a court of competent jurisdiction restraining such breach or threatened breach and to specific performance of any such provision of the Terms. You further agree that no bond or other security will be required in obtaining such equitable relief and consent to the issuance of such injunction and to the ordering of specific performance.

Attorney’s Fees. In the event of litigation to enforce any of these Terms, the prevailing party in such litigation is entitled to recover reasonable attorneys’ fees and expenses incurred in such litigation, including on appeal, in addition to any other recovery to which such party may be legally entitled.

Uncontrollable Events. Non-performance by either you or Avanta, other than an obligation to pay money, will be excused to the extent that performance is rendered impossible by strike, fire, flood, governmental acts, orders, or restrictions, acts of God, extreme weather, illness, car accident or any other reason to the extent that the failure to perform is beyond the reasonable control of the non-performing party. The non-performing party will give prompt notice to the other party of such delay and will use its best efforts to complete the performance, within a reasonable time frame of such act which has been delayed.

Amendment. No oral statement to either party may alter these Terms.

Severability. If any provision(s) of these Terms is held to be invalid or unenforceable for any reason, the remaining provisions will continue to be valid and enforceable. If a court finds that any provision of the Website Terms is invalid or unenforceable, but that by limiting such provision it would become valid or enforceable, then such provision will be deemed to be written, construed, and enforced as so limited.

Cumulative Remedies. All rights and remedies provided in these Terms are cumulative and not exclusive, and the exercise by either you or us of any right or remedy does not preclude the exercise of any other rights or remedies that may now or subsequently be available at law, in equity, by statute, in any other agreement, or otherwise.

No Third-party Beneficiaries. These Terms benefit solely you and Avanta and their respective permitted successors and assigns and nothing in these Terms, express or implied, confers on any other person any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of these Terms.

No Waiver of Contractual Right. The failure of the Company to enforce any provision of these Terms will not be construed as a waiver or limitation of the Company’s right subsequently to enforce and compel strict compliance with every provision of these Terms.

Governing Law. You agree that these Terms and any disputes arising under or related to these Terms or any additional terms to the Sites are governed by, and construed in accordance with, the laws of the state of Utah.

Consent to Personal Jurisdiction. You expressly consent to the personal jurisdiction of the state and federal courts located in Utah for any lawsuit filed arising from or relating to these Terms.

Notices.  Any notice or other communication provided for or given to you or Avanta will be in writing and given in person, by email, or by mail (registered or certified mail, postage prepaid, return receipt requested). Notices sent are deemed effective on the date of dispatch. You agree to keep us informed as to your current mailing address, telephone numbers and email address.

Surviving Terms. The covenants, agreements, indemnification obligations, representations, and warranties of you and us will survive until the expiration of the applicable statute of limitations.

Interpretation. These Terms are construed without regard to any presumption or rule requiring construction or interpretation. Whenever the singular is used in these Terms, the same includes the plural, and whenever the plural is used, the same includes the singular, where appropriate. The captions used in these Terms are inserted for reference purposes only and not deemed to define, limit, extend, describe, or affect in any way the meaning, scope, or interpretation of any of these Terms or its intent.

Copyrights Policy. We respect others’ intellectual property rights, and we ask that users do too. We will respond to notices of alleged copyright infringement if they comply with the law and are properly provided to us. We reserve the right to delete or disable content alleged to be infringing and to terminate the accounts of Users who infringe the intellectual property of others. To protect the intellectual property rights of others, we have adopted the following policy in accordance with Section 512 of the Digital Millennium Copyright Act (“DMCA”) with respect to alleged copyright infringement by users of the Sites:

• Procedure for Reporting Copyright Infringements. If you believe that material residing on or accessible through the Sites infringes your copyright, you may provide us with a written notice of the alleged infringement to the Designated Agent listed below. The notice must include the following information:
  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity, and information reasonably sufficient to permit us to locate the material;
  • Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
  • A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
• Removal of Allegedly Infringing Material. Once a proper infringement notice is received by the Designated Agent, we may remove or disable access to the allegedly infringing material. We will make reasonable attempts to notify the User that we have removed or disabled access to the material. We may terminate access to the Sites to Users who are repeat offenders.
• Counter-Notice Procedure. If a User believes that their material that was removed or to which access was disabled is not infringing upon a copyright, that User must send a counter-notice to the Designated Agent, pursuant to 512(g)(2) and (3) of the Digital Millennium Copyright Act. The counter-notice must contain the following information:
  • A physical or electronic signature of the User;
  • The location at which the material appeared before it was removed or access to it was disabled;
  • A statement under penalty of perjury that the User has a good faith belief that the material was removed or disabled because of mistake or misidentification of the material to be removed or disabled; and
  • The User’s name, address, and telephone number, and a statement that the User consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the User’s address is outside of the United States, for any judicial district in which RMA may be found, and that the User will accept service of process from the person who provided notification or an agent of such person.
  • If a counter-notice is received by the Designated Agent, we may send a copy of the counter-notice to the original complaining party informing that person that we may replace the removed material or cease disabling within a certain amount business days.
  • Unless the copyright owner files an action seeking a court order against the User, the removed material may be replaced or access to it restored after receipt of the counter-notice in accordance with the DMCA.

Designated Agent and Contact for any questions:

Name: Dana Ball

Email: hello@avantabizlaw.com

Entire Agreement. These Terms and any materials and documents referenced constitute the entire agreement between you and Avanta® and your use of the Sites and Services (including your “use” as defined above) and supersedes all prior or contemporaneous communications and proposals. Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies (including but not limited to the Privacy Policy), guidelines, or rules that may apply when you use the Sites or regarding your participation. You should visit the Sites and review these Terms periodically to determine if any changes have been made. Your continued use of the Sites after any changes have been made to these Terms signifies and confirms your acceptance of any such changes or amendments to these Terms.

 

Last modified: September 26, 2024

This Privacy Policy describes how Avanta collects, uses, and discloses certain personal information obtained through our Sites (defined above).

What Information We Collect and Maintain About You. You can visit our Sites without telling us who you are or sharing any information that personally identifies you (“Personally Identifiable Information”). However, throughout our Sites, you may voluntarily submit Personally Identifiable Information. Avanta only collects Personally Identifiable Information about you if you share it with us (“Contact“). For example, you may download one of our free forms or subscribe to one of our blogs or YouTube channels by entering and submitting your email address. You may also choose to provide Personally Identifiable Information by contacting an individual working for Avanta via an email address provided in a hyperlink. Personally Identifiable Information may include but is not limited to your name, email address, physical address, and phone number.

In addition, we gather certain information about our Site traffic for administrative and analytical purposes.

How We Use Your Information. We use your information to administer services and to improve our Sites. Our primary use of personal information is to respond to requests for information, promote the smooth and efficient administration of the Sites, and provide you with information that may interest you or your business. We provide this information through the Sites, email, or postal mail.  We may also provide you with marketing information we think would be of particular interest unless you have opted out of receiving such information.  We will allow you to opt-out of receiving such direct marketing communications.

Whom We Share Your Information With. We use various “third parties” to operate the Sites, including, for example, our providers of professional, consulting, marketing, communications, and business development services.  We may disclose personally identifiable information to such third parties as needed for them to perform their specific tasks under our instruction, subject to these Terms.  In addition, we may disclose information that:

• You expressly authorize.
• Required by law.
• When we believe that such disclosure is necessary in connection with a judicial proceeding or to comply with a court order law, or regulation applicable to us or the Sites.
• As we reasonably determine to be necessary to protect:
  • our property or assert our legal rights or
  • the property or safety of another person.
• We may assemble collective, non-individually identifiable profiles of the Sites’ users and their activities and interests.

Choice. To opt-out of receiving email communications from us or to be removed entirely as a registered user of our Sites, notify us at hello@avantabizlaw.com

How You Can Access or Correct Your Information. If you have created a user account on any of our Sites, we will provide access to your information upon request so you may view, update or correct it. To protect your privacy and security, we also employ measures to verify your identity before granting you access or enabling you to make corrections.

External Links. Business and legal professionals have compiled and structured the links provided on the Sites to facilitate various research needs. The Sites contain links to third-party websites. You will leave the Sites if you use these links. We have not reviewed these third-party sites and do not control and are not responsible for any of these sites, their content, or their privacy policy. Thus, we do not endorse or make any representations about them, any information, software, or other products or materials found.

Cookies. We use “cookies” on some of the Sites. A cookie is a small data file that certain websites write to your hard drive when you visit them. A cookie file can contain information such as a user ID that the Sites use to track the pages you’ve visited. Still, the only personally identifiable information a cookie can contain is information you supply yourself. A cookie cannot read data off your hard disk or read cookie files created by other sites. You can configure your Internet Browser to notify you when you receive a cookie, giving you the chance to accept or refuse it. You can also refuse all cookies by turning them off in your browser.

Children’s Privacy. Our Sites are not directed to children under the age of 13, and we do not knowingly collect Personally Identifiable Information from children under 13. If we receive Personally Identifiable Information that we discover was provided by a child under 13, we will promptly destroy such information. Schools and parents should supervise their children’s online activities and consider using other means to provide a child-friendly online environment. To learn more about COPPA, visit the Federal Trade Commission home page at http://www.ftc.gov.

California Privacy Rights. Under California Civil Code Section 1798.83, California residents may request certain information regarding our disclosures in the prior calendar year of their Personally Identifiable Information to third parties for their direct marketing purposes. To make such a request, please contact us at: hello@avantabizlaw.com with “California Privacy Rights Request” in the subject line.  You must include sufficient detail for us to locate your file, at a minimum, your name, email, and postal address.

California “Do Not Track” Disclosures.  We do not track your online activity across other websites nor knowingly permit any third parties to track you online while visiting our Sites.

Application of United States Laws.  Our Sites are based on computers in the United States.  Your Personally Identifiable Information will be used and stored in the United States, where data protection and privacy regulations may differ from the level of protection in other parts of the world.

AMENDMENTS

These Terms were updated in September 2024. Avanta reserves the right to change or amend these Terms at any time. If a change or amendment is made, it will be posted to the Sites location and replace the existing Terms. We will post the date of the most recent revisions on this page. You consent to any implemented changes to the Terms through continued use of the Sites.

CONTACT INFORMATION

If you have any questions about these Terms, please email us at hello@avantabizlaw.com or call or text us at 801.851.5502.