1. Acceptance of the Terms of Service
These Terms of Service are entered into by and between You and EOS Consulting Corp, doing business as Vantage ("Company," "Vantage," "we," "us," or "our"). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these "Terms"), govern your access to and use of the Vantage mobile application, website, and any related content, functionality, and services we offer (collectively, the "Service"), whether as a guest or a registered user.
Please read these Terms carefully before you start to use the Service. By accessing or using the Service, or by clicking to accept or agree to these Terms when this option is made available to you, you accept and agree to be bound and abide by these Terms and our Privacy Policy, which is available in this app and incorporated herein by reference. If you do not want to agree to these Terms or the Privacy Policy, you must not access or use the Service.
2. Eligibility
The Service is offered and available only to users who are eighteen (18) years of age or older. By using the Service, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Service. The Service is intended for use only by persons located in the United States.
3. Changes to the Terms
We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them. Your continued use of the Service following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
4. Important Notice Regarding Securities, Investments, and the Nature of Vantage
PLEASE READ THIS SECTION CAREFULLY. IT DEFINES WHAT VANTAGE IS AND, CRITICALLY, WHAT VANTAGE IS NOT.
Vantage is a discovery and informational platform. The Service allows users to browse, discover, and learn about companies that are conducting or have conducted securities offerings, including offerings under Regulation Crowdfunding (Regulation CF), Regulation A, and other exemptions, on third-party platforms.
Vantage is NOT, and does not operate as, any of the following:
- a registered broker, dealer, or broker-dealer;
- a funding portal registered with the U.S. Securities and Exchange Commission ("SEC") or a member of the Financial Industry Regulatory Authority ("FINRA");
- an investment adviser, financial planner, or financial advisor;
- an underwriter, placement agent, or solicitor of securities transactions; or
- an issuer of any securities.
Vantage does not:
- offer, sell, solicit, or facilitate the purchase or sale of any securities;
- effect, process, custody, or settle any securities transaction or the transfer of any funds;
- receive, hold, or transmit investor funds or securities;
- provide investment advice or recommendations of any kind;
- endorse, recommend, vouch for, or guarantee any company, offering, security, or investment featured on the Service; or
- assess the suitability or appropriateness of any investment for any user.
Nothing contained on or made available through the Service constitutes, or should be construed as, investment advice, financial advice, legal advice, tax advice, accounting advice, a recommendation, an offer to sell, a solicitation of an offer to buy, or an endorsement of any security, company, or investment strategy. All content on the Service is provided for general informational and discovery purposes only.
Any decision to invest in any company, security, or offering discovered through the Service is made solely by you, at your own risk, based on your own independent judgment and due diligence, and (where appropriate) on the advice of your own qualified professional advisors. See Section 18 (Assumption of Risk; No Reliance) below.
5. Description of the Service
The Service aggregates and displays information about companies and their securities offerings, which may include company names, descriptions, logos, branding, offering details, fundraising progress, links to third-party platforms, links to public regulatory filings, and — where authorized — pitch videos and other promotional materials. The Service may allow users to follow companies, save companies, view updates, comment, message other users, and otherwise interact with the platform.
The Service is a marketing, discovery, and informational layer only. All actual investment transactions occur exclusively on third-party platforms and not on Vantage. See Section 6 below.
The Service contains links and references to third-party crowdfunding and investment platforms, including but not limited to Wefunder, Republic, StartEngine, and others (each, a "Third-Party Platform"). When you choose to invest in or transact with any company, you will be directed to and will complete that transaction entirely on the applicable Third-Party Platform, subject to that platform's own terms, conditions, policies, and procedures.
Vantage has no control over, and assumes no responsibility or liability for, any Third-Party Platform or any transaction, communication, account, fund transfer, security, or activity occurring on or through any Third-Party Platform. Your use of any Third-Party Platform is entirely at your own risk and is governed solely by the terms and policies of that Third-Party Platform. We make no representations or warranties regarding any Third-Party Platform, and the inclusion of any link or reference to a Third-Party Platform does not imply endorsement, partnership, or affiliation unless expressly stated.
Any dispute relating to a transaction, investment, account, or activity on a Third-Party Platform is solely between you and that Third-Party Platform and/or the applicable company, and not with Vantage.
Much of the company and offering information displayed on the Service is sourced from publicly available regulatory filings (including filings available through the SEC's EDGAR system), from Third-Party Platforms, from companies themselves, and from other third-party sources. We do not independently verify, audit, or confirm the accuracy, completeness, timeliness, or reliability of any such information, and we make no representation or warranty regarding it.
Information displayed on the Service may be inaccurate, incomplete, outdated, or superseded. Fundraising figures, valuations, offering terms, deadlines, and similar data are subject to change and may not reflect current or accurate information. You should always independently verify any information through the applicable company, the applicable Third-Party Platform, and official regulatory filings before making any decision. See Section 18 below.
The display of any company on the Service does not mean that the company has partnered with, endorsed, joined, or authorized Vantage, unless expressly indicated as a verified or claimed listing.
8. Accessing the Service and Account Security
We reserve the right to withdraw or amend the Service, and any service or material we provide on the Service, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Service, or the entire Service, to users, including registered users.
To access the Service 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 Service that all the information you provide is correct, current, and complete. You agree that all information you provide is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
If you choose, or are provided with, a user name, password, or any other 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 acknowledge that your account is personal to you and agree not to provide any other person with access to the Service using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security.
We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.
9. Intellectual Property Rights
The Service and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms permit you to use the Service for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Service, except as follows:
- Your device may temporarily store copies of such materials incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your device for display enhancement purposes.
- If we provide mobile or other applications for download, you may download a single copy to your device solely for your own personal, non-commercial use, provided you agree to be bound by these Terms.
You must not:
- Modify copies of any materials from the Service;
- Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Service; or
- Access or use for any commercial purpose any part of the Service or any services or materials available through the Service.
No right, title, or interest in or to the Service or any content on the Service is transferred to you, and all rights not expressly granted are reserved by the Company.
10. Trademarks
The Company name, the term "Vantage," and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on the Service are the trademarks of their respective owners, and their appearance on the Service does not imply any affiliation with or endorsement by Vantage.
11. User Contributions
The Service may contain comment features, messaging features, profiles, and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display, or transmit content or materials (collectively, "User Contributions") on or through the Service.
All User Contributions must comply with the Content Standards set out in these Terms. Any User Contribution you post will be considered non-confidential and non-proprietary.
By providing any User Contribution, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns, a worldwide, perpetual, irrevocable, royalty-free, fully paid-up, sublicensable, and transferable right and license to use, reproduce, modify, perform, display, distribute, create derivative works of, and otherwise disclose to third parties any such material for any purpose.
You represent and warrant that:
- You own or control all rights in and to your User Contributions and have the right to grant the license granted above; and
- All of your User Contributions do and will comply with these Terms.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user.
12. Company and Founder Content; Content License
If you are a company, founder, issuer, or authorized representative who submits, uploads, claims a listing, or otherwise provides content to the Service — including but not limited to company descriptions, logos, branding, images, pitch videos, promotional materials, offering information, and updates (collectively, "Company Content") — you grant to Vantage and its affiliates, service providers, successors, and assigns a worldwide, non-exclusive, royalty-free, fully paid-up, sublicensable, and transferable license to host, store, use, reproduce, modify, adapt, publish, translate, create derivative works of, publicly perform, publicly display, distribute, and promote such Company Content on and through the Service and in connection with the marketing and promotion of the Service, for the duration of your listing and for a reasonable period thereafter.
You represent and warrant that:
- You own or have obtained all rights, licenses, consents, and permissions necessary to grant the foregoing license;
- You have the right to market and promote the applicable securities offering through third-party discovery and marketing platforms, including Vantage, and doing so does not violate any agreement (including any agreement with any Third-Party Platform) or any applicable law or regulation;
- Your Company Content is accurate, not misleading, and complies with all applicable laws and regulations, including all applicable securities laws and the rules of any applicable Third-Party Platform; and
- Your Company Content does not and will not infringe, misappropriate, or violate the intellectual property rights, privacy rights, publicity rights, or any other rights of any third party.
You are solely responsible for your Company Content and for ensuring its accuracy and legal compliance. The Company is not responsible for, and disclaims all liability arising from, any Company Content.
13. Prohibited Uses
You may use the Service only for lawful purposes and in accordance with these Terms. You agree not to use the Service:
- In any way that violates any applicable federal, state, local, or international law or regulation;
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way;
- To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail," "chain letter," "spam," or any other similar solicitation;
- To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity;
- To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Service, or which, as determined by us, may harm the Company or users of the Service, or expose them to liability;
- To use any robot, spider, scraper, or other automatic device, process, or means to access, monitor, or copy any material on the Service for any purpose without our prior written consent;
- To use any device, software, or routine that interferes with the proper working of the Service;
- To introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
- To attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Service, the servers on which the Service is stored, or any server, computer, or database connected to the Service;
- To attack the Service via a denial-of-service attack or a distributed denial-of-service attack; or
- To otherwise attempt to interfere with the proper working of the Service.
14. Content Standards
These Content Standards apply to any and all User Contributions and Company Content and use of Interactive Services. Such content must comply in its entirety with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, such content must not:
- Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable;
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
- Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person;
- Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations;
- Be false, inaccurate, or misleading, or be likely to deceive any person, including any statement that is false or misleading in connection with any securities offering;
- Promote any illegal activity, or advocate, promote, or assist any unlawful act;
- Impersonate any person, or misrepresent your identity or affiliation with any person or organization; or
- Give the impression that the content emanates from or is endorsed by us or any other person or entity, if that is not the case.
15. Monitoring and Enforcement; Termination
We have the right to:
- Remove or refuse to post any User Contributions or Company Content for any or no reason in our sole discretion;
- Take any action with respect to any User Contribution or Company Content that we deem necessary or appropriate in our sole discretion, including if we believe that such content violates these Terms, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users or the public, or could create liability for the Company;
- Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy;
- Take appropriate legal action, including without limitation referral to law enforcement, for any illegal or unauthorized use of the Service; and
- Terminate or suspend your access to all or part of the Service for any or no reason, including without limitation any violation of these Terms.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Service. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR AS A RESULT OF, ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
We do not undertake to review all material before it is posted on the Service and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party.
16. Copyright Infringement and DMCA Policy
We respect the intellectual property rights of others and expect users of the Service to do the same. In accordance with the Digital Millennium Copyright Act ("DMCA"), 17 U.S.C. § 512, we will respond expeditiously to claims of copyright infringement committed using the Service that are reported to our Designated Copyright Agent identified below.
If you are a copyright owner, or authorized to act on behalf of one, and you believe that your copyrighted work has been copied in a way that constitutes copyright infringement, please submit a written notification to our Designated Copyright Agent that includes substantially the following (as required by 17 U.S.C. § 512(c)(3)):
- A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the allegedly infringing material is located on the Service, with sufficient detail that we may locate it;
- Your contact information, including your address, telephone number, and email address;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Designated Copyright Agent:Alex AllgaierEOS Consulting Corp d/b/a VantageEmail: alexallgaier87@gmail.com
Upon receipt of a valid notice, we will remove or disable access to the allegedly infringing material and may notify the user who posted it. We may provide the user an opportunity to submit a counter-notification in accordance with 17 U.S.C. § 512(g). It is our policy to terminate, in appropriate circumstances, the accounts of users who are repeat infringers.
17. Reliance on Information Posted
The information presented on or through the Service is made available solely for general informational and discovery purposes. We do not warrant the accuracy, completeness, timeliness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other user, or by anyone who may be informed of any of its contents.
The Service may include content provided by third parties, including materials provided by other users, companies, and third-party licensors, syndicators, aggregators, and reporting services. All statements and opinions expressed in these materials, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials and do not necessarily reflect the opinion of the Company. We are not responsible or liable to you or any third party for the content or accuracy of any materials provided by any third parties.
18. No Investment Advice; Assumption of Risk; No Reliance
The Service and all content available on it are for informational and discovery purposes only and do not constitute investment, financial, legal, tax, or accounting advice of any kind. Vantage does not provide, and nothing on the Service should be construed as, a recommendation, solicitation, or endorsement to buy, sell, or hold any security or to make any investment or follow any investment strategy.
You acknowledge and agree that:
- Investing in startups and early-stage companies, including through securities offerings under Regulation Crowdfunding and similar exemptions, is highly speculative and involves a high degree of risk, including the risk of the total loss of your investment. Such securities are typically illiquid, and you may not be able to resell or otherwise dispose of them.
- Fundraising progress, valuations, offering terms, user engagement metrics, popularity, comments, and any other data displayed on the Service are not, and should not be interpreted as, indicators of quality, legitimacy, future performance, or likelihood of success.
- Past performance is not indicative of future results, and no representation is made that any company featured on the Service will achieve any particular result.
- You will conduct your own independent research and due diligence, review all official offering materials and regulatory filings on the applicable Third-Party Platform, and, where appropriate, consult your own qualified legal, financial, tax, and investment advisors before making any investment decision.
- Any investment decision you make is made solely by you, on your own behalf, at your own risk, and in reliance solely on your own judgment and your own advisors — and not in reliance on Vantage or any content on the Service.
19. Links from the Service
Where the Service contains links to other sites and resources provided by third parties, including Third-Party Platforms, these links are provided for your convenience only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any third-party websites linked to the Service, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
20. Geographic Restrictions
The Company is based in the United States. We provide the Service for use only by persons located in the United States. We make no claims that the Service or any of its content is accessible or appropriate outside of the United States. Access to the Service may not be legal by certain persons or in certain countries. If you access the Service from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
21. Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Service will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Service for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE SERVICE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE IS AT YOUR OWN RISK. THE SERVICE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SERVICE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SERVICE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
22. Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICE, ANY WEBSITES OR PLATFORMS LINKED TO IT, ANY CONTENT ON THE SERVICE OR SUCH OTHER WEBSITES OR PLATFORMS, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE OR SUCH OTHER WEBSITES OR PLATFORMS, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, LOSS OF INVESTMENT OR INVESTMENT VALUE, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
WITHOUT LIMITING THE FOREGOING, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT THE COMPANY SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY INVESTMENT DECISION YOU MAKE, FOR THE PERFORMANCE OR CONDUCT OF ANY COMPANY OR OFFERING FEATURED ON THE SERVICE, FOR ANY TRANSACTION CONDUCTED ON ANY THIRD-PARTY PLATFORM, OR FOR ANY LOSS OF ANY INVESTMENT.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE TOTAL AGGREGATE LIABILITY OF THE COMPANY AND ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SERVICE PROVIDERS, FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU HAVE PAID TO THE COMPANY IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
23. Indemnification
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Service, including, but not limited to, your User Contributions, your Company Content, any use of the Service's content, services, and products other than as expressly authorized in these Terms, any investment or transaction you make or enter into, or your use of any information obtained from the Service.
24. Governing Law and Jurisdiction
All matters relating to the Service and these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Georgia without giving effect to any choice or conflict of law provision or rule (whether of the State of Georgia or any other jurisdiction).
Subject to Section 25 (Arbitration), any legal suit, action, or proceeding arising out of, or related to, these Terms or the Service shall be instituted exclusively in the federal or state courts located in the State of Georgia. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
25. Dispute Resolution and Binding Arbitration
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS.
YOU AND THE COMPANY ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
Any claim, dispute, or controversy (whether in contract, tort, or otherwise, whether pre-existing, present, or future, and including statutory, consumer protection, common law, intentional tort, injunctive, and equitable claims) between you and us arising from or relating in any way to your use of the Service or these Terms will be resolved exclusively and finally by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify.
The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by this Section. (The AAA Rules are available at www.adr.org or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.
The arbitrator will have exclusive authority to resolve any dispute relating to the arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.
Class Action Waiver. YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. NEITHER YOU NOR THE COMPANY WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER USERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER, OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.
If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced (but in no case will there be a class or representative arbitration).
26. Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
27. Waiver and Severability
No waiver by the Company of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms will continue in full force and effect.
28. Entire Agreement
These Terms and our Privacy Policy constitute the sole and entire agreement between you and the Company with respect to the Service and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Service.
The Service is operated by EOS Consulting Corp d/b/a Vantage.
All notices of copyright infringement claims should be sent to the Designated Copyright Agent identified in Section 16.
All other feedback, comments, requests for technical support, and other communications relating to the Service should be directed to:
alexallgaier87@gmail.com
