Terms of Use

By using this website (the “Website”), you represent that you have the legal capacity to enter a contract and agree to comply with and be bound by these terms and conditions (the “Terms of Use”). These Terms of Use govern your use of and interaction with the Website. If you do not agree to comply with and be bound by these Terms of Use, do not use this Website. Avala Global LP, its affiliates, subsidiaries, employees, agents, and contractors (collectively “Avala Global”, “we”, “us” or “our”) reserve the right, in Avala Global’s sole discretion, to change, modify, add or remove any portion of this Website, including the Terms of Use, in whole or in part, at any time, with or without notice to you. Changes will be effective when posted. Your use of the Website shall constitute and be deemed your unconditional acceptance of these Terms of Use.

1. Proprietary Rights

Avala Global authorizes you to view and access a single copy of the content available on this Website for your own use. You may not modify, copy, distribute, display, send, perform, reproduce, publish, license, create derivative works from, transfer, sell or otherwise infringe on any intellectual property rights related to any information, content, software, products or services obtained from or otherwise connected to the Website. You are not permitted to reproduce or distribute to third parties any such content for commercial use. Please be advised that Avala Global may record certain usage information, such as the number and frequency of visitors to this Website.

2. Personal Data

If you request certain information from us or if you apply for employment with Avala Global through our recruitment process, Avala Global may request certain information about you either offline or through the Website (“Personal Data”). If you choose to provide Personal Data to Avala Global, that Personal Data may be accessed, retained, or disclosed within Avala Global, but will not be shared with unaffiliated third parties except in connection with the purpose for which such Personal Data was provided to Avala Global, as you expressly permit, or as authorized by applicable laws.

3. Privacy Policy; Legal Notices

Your privacy is important to us. Avala Global’s privacy policy is set forth on the separate document on the Website entitled “Privacy Policy” found at this link: www.avalaglobal.com/privacy. Avala Global reserves the right, and you authorize us, to use and assign all information provided by or collected from you in any manner consistent with our Privacy Policy.

You acknowledge and agree that Avala Global may monitor, view, log, and record activity on the Website without prior notice for operational, security, compliance, or legal purposes. Information obtained through monitoring may be disclosed to law enforcement or other third parties as required by law.

4. Use of Links

This Website may provide links to websites operated by other entities. In addition, third-party sites may be linked to this Website, with or without Avala Global's consent. Should you leave this Website via a link contained herein, and view content that is not provided by Avala Global, you do so at your own risk. The content to which you link will not have been developed, checked for accuracy, or otherwise reviewed by Avala Global. Avala Global makes no warranty or representation regarding, does not endorse, and does not accept any responsibility for, any websites linked to or from this Website or the information appearing thereon or any of the products or services described thereon (including damages or losses caused by any delays, defects or omissions that may exist in the services, information or other content provided in such site, whether actual, alleged, consequential or punitive, and including the accuracy, subject matter, quality or timeliness of any electronic content therein).

5. Use Restrictions

Unless otherwise expressly set forth herein, Avala Global makes no representation that materials on this Website are appropriate or available for use in any location. If it is illegal or prohibited in your country of origin to access or use this Website, then you should not do so. Those who choose to access this Website do so on their own initiative and are responsible for compliance with local laws.

You agree that, while using the Website, you are solely responsible for the content or information you publish, display or otherwise communicate in any manner, or transmit to other users of the Website. You may not use the Website in any way that is not expressly permitted by these Terms of Use.

You agree that you will not:

(A) (i) post on the Website, or transmit to other users, or otherwise communicate any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party’s rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity) or any applicable law; or (ii) make any false, misleading or deceptive statement or representation regarding Avala Global or the Website;

(B) (i) cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, reverse assembling, decompiling, disassembling, hacking, or otherwise attempting to extract the source code of the Website; (ii) sell, assign, rent, lease, act as a service bureau, or grant rights in the Website; (iii) use any “deep link,” “page scrape,” “robot,” “spider,” or other automatic device, program, script, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Website or in any way reproduce or circumvent the navigational structure or presentation of the Website to obtain or attempt to obtain any materials, documents, or information through any means not purposefully made available through the Website; or (iv) attempt to gain unauthorized access to any portion or feature of the Website, including without limitation, data or materials not intended for you, the account of any other authorized user or any other systems or networks connected to the Website or to any server used by Avala Global, by hacking, password “mining” or any other illegitimate or prohibited means;

(C) (i) institute, assist, (directly or indirectly) or become involved in any type of attack including, without limitation, denial of service attacks, upon the Website (or any servers, systems or networks connected to the Website) or otherwise violate or attempt to obstruct, disrupt or interfere with the operation and security of the Website or any other person’s or entity’s use of the Website (or any servers, systems or networks connected to the Website), including without limitation, probe, scan, or test the vulnerability of the Website or any network connected to the Website, or breach the security or authentication measures on the Website, or any network connected to the Website; (ii) attempt to gain unauthorized access to the Website, accounts registered to other users, or any servers, systems or networks connected to the Website by hacking, password “mining” or any other illegitimate or prohibited means; or (iii) use or permit to be introduced into the Website any virus, trap door, time bomb or any other codes, or any other software that is designed to provide unauthorized access to, distort, delete, damage, or interrupt any aspect of the Website;

(D) (i) attempt to interfere with the Website being provided to any user, host or network, including, without limitation, by means of submitting a virus to the Website, overloading, “flooding,” “mailbombing” or “crashing” the Website; (ii) reverse look-up, trace, or seek to trace any information on any other user of or visitor to the Website; (iii) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or systems or networks of Avala Global or networks connected to the Website; (iv) use any device, software, or routine to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person’s use of the Website; or (v) use the Website to harvest or collect e-mail addresses or other contact information;

(E) (i) use the Website for any commercial purpose unless consistent with these Terms of Use and the intended use of the same, or for the benefit of any third-party, or charge any person or entity, or receive any compensation for, the use of the Website, unless you are specifically authorized to do so in a separate written agreement with Avala Global; (ii) market, co-brand, private label, separately distribute, resell or otherwise permit third parties to access and use the Website; (iii) create an intact reproduction of a page or pages of the Website into another service; or (iv) use the Website to perform any unsolicited commercial communication not permitted by applicable law;

(F) use the Website to engage in any activity that violates any applicable law, ordinance, rule, regulation or treaty; or

(G) use the Website for any other unlawful, prohibited, abnormal or unusual activity as determined by Avala Global in its sole discretion.

6. Intellectual Property

Avala Global asserts ownership over the name “Avala Global”, the Avala Global logo, and all designations which comprise, include, or incorporate the term “Avala Global” in any format and service marks throughout the world. All rights reserved. Trademarks, service marks, company names and logos appearing on this Website that are not the property of said companies are the property of their respective owners.

You acknowledge that this Website is the copyrighted property of Avala Global, and you further acknowledge that it may contain information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material (collectively “Content”) that are protected by copyrights, trademarks, service marks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media, modes of distribution, and technologies existing now or hereinafter developed. All Content is copyrighted individually or as a collective work under applicable copyright laws and treaties, and Avala Global owns all copyrights in the selection, coordination, arrangement, and enhancement of such Content and in databases pursuant to applicable laws and treaties. Except as permitted by the fair use privilege under applicable copyright laws or treaties, if any, you may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other propriety right. In addition to the foregoing, use of any software Content shall be governed by the software license agreement applicable to such software. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. Any copying, redistribution, use, or publication by you of any Content or any part of the Website is prohibited, except as expressly permitted in these Terms of Use. Under no circumstances will you acquire any ownership rights or other interest in any Content by or through your use of the Website. You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained in the Website, in accessing any such materials.

7. DMCA Copyright Notice and Takedown Policy

If you are a copyright owner and you believe your work has been copied and used improperly on the Website, please contact our copyright compliance officer as outlined below. Pursuant to 17 U.S.C. § 512(c), to be effective, the notification to us must include the following information: (a) physical or electronic signature of a person authorized to act on behalf of the copyright owner; (b) description of the work you claim has been infringed and the description and location of the alleged infringement the Sites; (c) your contact information including address, telephone number and email address; (d) a written statement that you have a good faith belief the accused usage is infringing; and (e) a statement by you under penalty of perjury that the information in the notice is accurate and that you are duly authorized to act on behalf of the copyright owner.

Direct copyright questions to: info@avalaglobal.com

Please note that under Section 512(f) of the Digital Millennium Copyright Act, any person who knowingly materially misrepresents that material is infringing may be subject to liability. If you are unsure whether material on the Website is infringing, we suggest that you contact an attorney prior to sending notice. You may have similar rights under other local laws. Please also direct all such concerns to the address above.

8. Disclaimer of Warranties and Limitations of Liability

This Website and the information and materials on this Website are provided “as is” and “as available” without warranties or representations of any kind either expressed or implied and Avala Global and its affiliates disclaim all warranties, expressed or implied, including but not limited to, merchantability, non-infringement, title, availability, accuracy or completeness of data, or fitness for a particular purpose or use.

Avala Global does not warrant the accuracy, completeness or reliability of any information on this Website or that this Website will operate “error free”. In no event shall Avala Global or its affiliates, or any of their respective partners, stockholders, members, managers, officers, directors, employees, agents, funds and such funds' limited partners (collectively, the “Avala Global Parties”), be responsible for any damages, liabilities or injury, including indirect, incidental, special, punitive, multiple, consequential or other damages, however caused, arising out of your use of (or inability to use) this Website.

Your sole remedy for dissatisfaction with the Website is to discontinue use. Avala Global's liability is limited to the maximum extent permitted by law and is limited even if Avala Global has been advised of the possibility of the damages, liability or injury that you suffer, including any damages, liabilities or injury caused by any failure of performance, error, omission, defect, interruption, delay in operation, computer virus, line failure or other computer malfunction.

This Website does not constitute an offer to sell or a solicitation of an offer to buy any interest in any investment vehicle managed by Avala Global or any company in which Avala Global or its affiliates have invested. Nothing on this Website constitutes professional or financial advice nor does any information on this Website constitute a comprehensive or complete statement of the matters discussed or the law relating thereto. None of the Content is to be construed as a recommendation; or an offer to buy or sell; or the solicitation of an offer to buy or sell any security, financial product, or instrument; or to participate in any particular trading strategy in any jurisdiction in which such an offer or solicitation, or trading strategy would be illegal. Certain transactions, including those involving futures, options, and high-yield securities, give rise to substantial risk and are not suitable for all investors.  The contents of this Website are for informational purposes only.

The availability of data and services on this Website from Avala Global does not constitute a recommendation to enter into any particular transaction, nor does it represent that any product described herein is suitable or appropriate for you. Nothing herein should be construed as business, financial, investment, hedging, trading, legal, regulatory, tax, accounting, or other professional advice. You should consult your own business advisor, attorney, and tax and accounting advisors regarding any contemplated transactions.

The Website may contain forward-looking statements, including statements regarding investment strategies, objectives, and expectations. Forward-looking statements are inherently uncertain, involve risks and assumptions, and may not come to pass. Actual results may differ materially. Avala Global undertakes no obligation to update any forward-looking statement.

Avala Global makes no representation or warranty regarding the accuracy, completeness, timeliness, or reliability of the Website or its content; Information may be incomplete, inaccurate, or outdated; Avala Global is under no obligation to update the Website or correct any information. Avala Global reserves the right to add, modify, or delete Website content at any time.

Neither Avala Global nor any other party involved in creating, producing, or distributing the Website shall be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use the Site, including but not limited to interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from force majeure, communications failure, theft, destruction, or unauthorized access to Avala Global's records, programs, or services. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such jurisdictions, our liability is limited to the fullest extent permitted by law.

9. Indemnification

If your use of this Website gives rise to any third-party claim against you or Avala Global, including Avala Global LP, its affiliates, subsidiaries, employees, agents, and contractors (each, an “Avala Global Party”), you agree to (i) release each Avala Global Party from any such claim and (ii) waive all laws that may limit the efficacy of such release. You agree to indemnify, defend, and hold harmless any Avala Global Party from and against any claim, suit, action, or other proceeding from and against any and all claims, damages, liabilities, costs, and expenses, including reasonable attorneys’ and experts’ fees, arising out of or in connection with your use of the Website, or any links on the Website, including but not limited to: (i) any breach or violation of the Terms of Use by you; (ii) material, information, or content submitted or provided by you; (iii) your use of the Website; or (iv) any deletions, additions, insertions, or alterations to, or any unauthorized use of, the Website by you.  You agree to pay any and all costs, damages, and expenses, including but not limited to reasonable attorneys’ fees and costs awarded against or otherwise incurred by or in connection with or arising from any such claim, suit, action, or proceeding attributable to any such claim.  We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of Avala Global. You will fully cooperate with us in asserting any available defense.

10. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of New York, without regard to its conflicts of law principles.

Any dispute arising from or relating to these Terms or the Website shall be resolved through binding arbitration before the American Arbitration Association in New York, New York, on an individual basis. Class or collective actions are expressly prohibited unless Avala Global provides written consent.

Either party may seek interim or preliminary relief from a court of competent jurisdiction. For any claims not subject to arbitration, you consent to the exclusive jurisdiction of federal and state courts located in New York.

11. Accessibility

We are committed to helping those with disabilities access the Website. We strive to provide an excellent online experience for all our guests – including those with sight, hearing, and other disabilities. If you have difficulty using or accessing any element of the Website or if you have any feedback regarding accessibility of the Website, please feel free to contact us at info@avalaglobal.com.

12. Termination of Access

Avala Global may terminate or suspend your access to all or part of the Website (or your account), without notice, for any conduct that Avala Global, in its sole discretion, believes is in violation of any applicable law, is in breach of these Terms of Use, or is harmful to the interests of another person, Avala Global, or its affiliates, managing directors, partners, employees or other representatives.

13. Entire Agreement

These Terms, together with any policies referenced herein (including the Privacy Policy), constitute the entire agreement between you and Avala Global regarding your use of the Website. No failure or delay in enforcing any provision of these Terms constitutes a waiver of that provision or any other provision

14. Severability

If any part of these Terms of Use is determined to be invalid or unenforceable, then that portion shall be severed, and the remainder of the Terms of Use shall be given full force and effect.

15. No Partnership

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Avala Global as a result of these Terms of Use or your use of the Website.

16. Company Use

If you are using the Website on behalf of an organization, you are agreeing to these Terms of Use for that organization and promising to Avala Global that you have the authority to bind that organization to these Terms of Use (in which event, “you” and “your” will refer to that organization). Nevertheless, each individual that uses the Website or accepts these Terms of Use on behalf of an organization agrees that the permissions given to Avala Global under these Terms of Use, and the restrictions and limitations to the rights of persons and entities using the Website, apply to each such individual. You may use the Website only in compliance with these Terms of Use and only if you have the power to form a contract with Avala Global and are not barred under any applicable laws from doing so.

17. No Waiver and Interpretation

Our failure to enforce any provision of these Terms of Use shall in no way be construed to be a present or future waiver of such provision, nor in any way affect our right to enforce the same provision at a later time. An express waiver by Avala Global of any provision, condition or requirement of these Terms of Use shall not be understood as a waiver of your obligation to comply with the same provision, condition or requirement at a later time.

The word “or” as used in these Terms of Use has the meaning equivalent to “and/or”. The terms ‘include’ and ‘including’ will be deemed to be immediately followed by the phrase “without limitation”. These Terms of Use do not confer any rights or benefits to any third-party beneficiaries. The headings appearing at the beginning of sections have been inserted for identification and reference purposes only and must not be used to construe or interpret these Terms of Use. The word “will” expresses an obligation equivalent to “shall”.

18. Changes to the Terms of Use

Avala Global reserves the right to change or modify the Terms of Use at any time, and such modification shall be effective immediately upon posting to our Website. You understand and agree that your access to or use of the Website after the posting of modifications to the Terms of Use will constitute your acceptance of the modifications. If at any point you do not agree to any portion of these Terms of Use then in effect, you must immediately stop using the Website. We encourage you to review these Terms of Use frequently to stay informed of the latest modifications.