By clicking the "Submit" button, agree to Ayosta's Terms of Use and Privacy Policy.
The website at https://ayosta.com (the "Website") is offered by Ayosta, Inc. and its affiliates (collectively, "Ayosta", “we”, "us", "our") to provide general information about Ayosta and our services.
These terms of use ("TOU") constitute a legally binding agreement made between You, whether personally or on behalf of an entity ("User" or "You" or "Your") and Ayosta. This Agreement governs Your access to and use of the Website and all information, materials, communications, and other content, including that provided by third parties ("Third-Party Providers") that are made available on or through the Website ("Content").
By accessing or using this Website, You acknowledge that You have read, understood, and agree to be bound by this Agreement, Ayosta's Privacy Policy (https://ayosta.com/documents/privacy), and other policies or notifications posted on the Website, each of which is incorporated by reference and each of which may be updated by Ayosta from time to time without notice to You.
If You do not agree to abide by this Agreement or to modifications that Ayosta may make to this Agreement in the future, do not use, access, or continue to use or access the Website.
Certain sections or pages of the Website may contain separate terms that complement these TOU. You should read those additional TOU carefully. By accessing such sections or pages, you agree to be bound by those TOU in addition to those set forth herein. In the event of a conflict, those additional terms will govern your use of those sections or pages.
Ayosta may monitor your use of the Website, and Ayosta may use any resultant information for its internal business purposes or in accordance with Ayosta's Privacy Policy at (https://ayosta.com/documents/privacy), and applicable regulatory agency.
All rights, titles, and interests in this Website and the Content are the exclusive property of Ayosta, except as otherwise expressly stated in it. Ayosta grants to You, for the term of Your use of the Website and agreement to these TOU, a personal, limited, non-exclusive, revocable (at any time), non-transferable, and non-sublicense-able license to access the Website and the Content subject always to these TOU. You have no ownership rights in the Content, which is owned by Ayosta or our licensors and protected under copyright, trademark, intellectual property laws, and other applicable laws. You receive no copyright or any other intellectual property right in or to the Content, even as to the Content you contribute. You may use the Content only for Your personal and non-commercial use. You may not copy, modify, distribute, transmit, display, perform, publish, reproduce, license, frame, create derivative works from, transfer, or otherwise use in any other way for commercial or public purposes in whole or in part any Content, including, but not limited to, any information, software, products or services obtained from the Website, except for the purposes expressly provided herein, without Ayosta's prior written approval. You acknowledge that Ayosta may provide certain portions of the Content under license from Third-Party Providers. You agree to comply with any additional restrictions on Your usage that Ayosta may communicate to You from time to time or that are otherwise the subject of an agreement between You and such licensors.
Ayosta retains exclusive control over the Content and reserves the right, at any time and in Our sole discretion, without prior notice to You, to (a) change, suspend, or discontinue all or a portion of the Content; (b) impose limits on, restrict, or terminate Your access to all or any portion of the Content; or (c) terminate Your license at any time and for any reason.
You agree that Ayosta may monitor Your use of the Content.
All trademarks, service marks, slogans, logos, trade dress, and other identifiers ("Marks") displayed on the Website are the property of Ayosta or other parties. The names of other companies and third-party products or services mentioned on the Website may be their respective owners' trademarks or service marks. The Marks are protected by U.S. and foreign trademark, common law rights, and statutes. You are prohibited from using any Marks for any purpose including, but not limited to, use on other materials, in presentations, as domain names, or as metatags, without the express written permission of Ayosta or such other party that may own the marks.
Ayosta respects the intellectual property rights of others and expects Users to do the same. Ayosta will respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act ("DMCA"). If You believe that any material or Content available on or through the Website or the Service infringes upon any copyright you own or control, please notify Ayosta by emailing copyright@ayosta.com or mailing a letter to our Designated Copyright Agent using the contact information provided below.
Postal Address:
Ayosta, Inc.
Attn: Copyright
101 Jefferson Drive
Menlo Park, CA 94025
Certain links may let You leave the Ayosta Website or otherwise potentially direct you to third-party sites. The linked websites are not under the control of Ayosta, and Ayosta is not responsible for the content of any linked website, or any link or malware contained in a linked website, or any changes or updates to such websites. Ayosta is providing these links to You only as a convenience, and the inclusion of any link does not imply endorsement, investigation, verification, or monitoring by Ayosta of such a third-party website.
You agree that no Content on this Website constitutes or can be construed as either investment advice or a recommendation of securities by Ayosta. In addition, you agree that the Content of this Website and the Services do not constitute nor can be construed as legal, tax, accounting, investment, financial, or other advice from Ayosta. Furthermore, Ayosta is not a fiduciary by virtue of any user's use or access to the Website.
THE SERVICES ON THE WEBSITE ARE PROVIDED ON AN "AS IS", "WHERE IS", and "WHERE AVAILABLE" BASIS. ALTHOUGH AYOSTA TRIES TO PROVIDE ACCURATE AND TIMELY INFORMATION ON THE WEBSITE, THERE MAY BE INADVERTENT TECHNICAL OR FACTUAL INACCURACIES AND TYPOGRAPHICAL ERRORS, AND AYOSTA HAS NO DUTY TO VERIFY OR UPDATE CONTENT. AYOSTA RESERVES THE RIGHT TO MAKE CHANGES AND CORRECTIONS AT ANY TIME AND WITHOUT NOTICE. NEITHER AYOSTA NOR ANY THIRD-PARTY PROVIDER THAT CONTRIBUTES IN ANY MANNER TO THE CONTENT MAKES ANY REPRESENTATION OR WARRANTY WHATSOEVER, INCLUDING WARRANTIES (A) WITH RESPECT TO THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE CONTENT; OR (B) THAT THE CONTENT SHALL BE UNINTERRUPTED OR ERROR-FREE. FURTHER, AYOSTA AND ANY THIRD-PARTY PROVIDER THAT CONTRIBUTES IN ANY MANNER TO THE CONTENT DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE RELATING TO THE CONTENT. YOU ASSUME THE ENTIRE RISK TO THE USE OF THE WEBSITE AND THE CONTENT.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL AYOSTA OR ITS AFFILIATES, SUBSIDIARIES, OR CONTROLLING ENTITIES OR THEIR THIRD-PARTY PROVIDERS, CONTRACTORS OR TECHNOLOGY OR CONTENT PROVIDERS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, OWNERS, AGENTS, AND EMPLOYEES (THE "AYOSTA PARTIES") HAVE ANY LIABILITY TO YOU OR ANY OTHER PERSON FOR ANY COSTS, LIABILITIES OR DAMAGES OF ANY KIND, WHETHER DIRECT, INDIRECT, (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, TRADING LOSSES OR DAMAGES THAT RESULT FROM USE OR LOSS OF USE OF THE CONTENT, INCONVENIENCE OR DELAY), CONSEQUENTIAL OR PUNITIVE (TOGETHER, "COSTS"), ARISING OUT OF, OR IN CONNECTION WITH, THESE TOU OR THE PERFORMANCE OR BREACH OF THESE TOU, YOUR OR ANY OTHER PERSON'S USE OF, OR INABILITY TO ACCESS THE CONTENT, OR FOR ANY INTERCEPTION BY THIRD PARTIES OF ANY INFORMATION OR SERVICE MADE AVAILABLE TO YOU VIA THE WEBSITE. THESE LIMITATIONS SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER BASED ON STATUTE OR ARISING IN CONTRACT, INDEMNITY, WARRANTY, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE), REGARDLESS OF WHETHER ANY AYOSTA PARTY KNOWS OR HAS REASON TO KNOW OF THE POSSIBILITY OF SUCH DAMAGES, AND WHETHER OR NOT THE CIRCUMSTANCES GIVING RISE TO SUCH CAUSE MAY HAVE BEEN WITHIN THE CONTROL OF AYOSTA OR ANY THIRD-PARTY PROVIDER OF SOFTWARE OR SERVICES. THIS LIMITATION OF LIABILITY IS IN ADDITION TO ANY OTHER LIMITATION PROVIDED IN ANY APPLICABLE SERVICE AGREEMENT OR ANY OTHER AGREEMENT.
This limitation of liability includes, but is not limited to, the transmission of any viruses which may infect a user's equipment, failure of mechanical or electronic equipment or communication lines, telephone or other interconnect problems (e.g., You cannot access Your internet service provider), unauthorized access, theft, operator errors, strikes or other labor problems or any force majeure.
While using the Website, You understand and agree that the following conduct is prohibited:
Engaging in any foregoing conduct may also subject You to civil and criminal penalties.
By using this Website, You agree to defend, indemnify and hold harmless Ayosta and its officers, directors, employees, agents, successors, and permitted assigns and affiliates from and against any and all losses, damages, liabilities, deficiencies, judgments, actions, interest, awards, penalties, fines, costs or expenses of whatever kind, including reasonable attorneys' fees and the cost of enforcing any right to indemnification hereunder and the cost of pursuing any insurance providers, resulting from any third party claim, suit, action or proceeding arising out of or resulting from such User's breach or violation of these TOU by such User or its employees, agents, customers, or affiliates or arising from such User's or its employees, agents, customers or affiliates use of the Website.
This E-sign Disclosure and Consent ("E-sign Consent") applies to all records and communications subject to these TOU and the Services provided on the Website. Visiting the Website, creating an account, sending Ayosta emails, completing online forms, signing documents, and all agreements, notices, disclosures, and other documents and messages provided to You electronically, via email, and on the Website constitutes electronic communications for purposes of this E-Sign Consent and the Electronic Signatures in Global and National Commerce Act ("Electronic Communications").
You agree that Your use of a keypad, mouse, or other devices to input or modify, or the selection of an item, button, icon, or similar act/action or in accessing or making any transaction regarding any agreement, acknowledgment, consent terms, disclosure or conditions constitute Your signature acceptance and agreement as if actually signed by You in writing ("Electronic Signature"). You agree that your Electronic Signature is the legal equivalent of Your manual signature. You also represent that You are authorized to enter this Agreement for all persons who own or are authorized to access any of Your accounts and that such persons will be bound by the terms of this Agreement.
Your consent to use Electronic Signatures includes, but is not limited to: (i) all forms, documents, materials, and agreements provided to You electronically, via email, and on the Website; and (ii) all policies, terms of service, and terms of use provided to You electronically, via email, and on the Website.
You consent to receive Electronic Communications, and You agree that all agreements, notices, disclosures, and other communications provided to You electronically, via email, and on the Website, satisfy any legal requirement that such communication be in writing. You accept Electronic Communications provided via Your account(s) as reasonable and proper notice for the purpose of any and all laws, rules, and regulations. Your consent to receive electronic records and communications includes, but is not limited to: (i) all documents, statements, data, records, and any other communications regarding Your relationship with Ayosta; (ii) all communications and deliverables for the services, including electronic delivery of deal documents, tax information, and other financial statements and reports; and (iii) all notices or disclosures about a change in the TOU governing Your access to the Website, privacy policies, or access to Ayosta's services.
Ayosta may provide notices, including those regarding modifications to this Agreement, whether such notices are required by law or for other business-related purposes, to You via email notice, written or hard copy notice, or through posting of such notices on the Website. Ayosta reserves the right, in its sole discretion, to discontinue the provision of electronic records and communications or to terminate or change the TOU on which Ayosta provides such records and communications. Ayosta will provide notice of any such termination or change as required by law.
You are solely responsible for maintaining and updating any changes to Your User promptly to ensure delivery of all Electronic Communications.
You may withdraw Your consent to receive Electronic Communications at any time. You understand that any withdrawal of Your E-Sign Consent will be effective only after Ayosta has had a reasonable period of time to process Your request. Ayosta reserves the right to charge a reasonable fee for the provision of alternative methods of signature and record communication processing.
You may request a hard copy version of all Electronic Communications. Ayosta reserves the right to charge a reasonable fee for the provision and mailing of hard copies.
In order to access the Website, use its functionality, and retain Electronic Communications that Ayosta provides to You, Ayosta requires, at a minimum: (i) a valid email account; (ii) a computer or other device capable of accessing the internet with a commonly used browser (cookie-enabled) released in the past two years, such as a recent version of Google Chrome, Brave, Microsoft Edge, Mozilla Firefox, or Safari; (iii) a program capable of opening .PDF and similar files, (iv) an operating system, and as applicable email software, capable of receiving, accessing and displaying Electronic Communications from Ayosta in electronic form via text-formatted email or access to the Website using a supported browser; and (v) local, electronic storage capacity to retain Electronic Communications or a printer to print them.
Unsupported browsers may not receive the full functionality of the Website and Services. You are responsible for the installation, maintenance, and operation of Your hardware, software, and operating system.
These TOU shall be governed by and construed in accordance with the laws of the State of Delaware without giving effect to any choice of law provision or rule (whether of the State of Delaware or any other jurisdiction) that would cause the application of laws of any jurisdiction other than those of the State of Delaware.
You and Ayosta agree and consent to this jurisdiction. In the event of any dispute among the parties, the prevailing party shall be entitled to recover damages plus reasonable attorneys' fees.
Sections 10, 11, 12, and 13 shall survive the expiration or termination of these TOU or Supplemental Agreements.
To the extent the Content contains data or information provided by Third-Party Providers or is otherwise contributed to by Third-Party Providers, such Third-Party Providers shall be considered third-party beneficiaries of these TOU for purposes of Sections 10, 11, 12, and 13.
You may not assign, sublicense, delegate, subcontract or otherwise transfer Your rights, duties, and obligations under these TOU to a third party without Ayosta's express written consent. Any instrument purporting to make an assignment or other transfer in violation of this provision shall be null and void.
If for any reason, a court of competent jurisdiction finds any provision of these TOU, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of these TOU, and the remainder of these TOU shall continue in full force and effect.
These TOU, together with any and all Supplemental Agreements, constitute the entire agreement between You and Ayosta with respect to Your use or access to the Website or the Content.
Any cause of action with respect to the Website or the Content must be commenced by You within one year after the claim or cause of action arises. The rights and remedies of the parties hereunder are cumulative and are in addition to, and not in lieu of, all rights and remedies available at law and in equity.
No failure to exercise and no delay in exercising, on the part of either party, any right or power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder.
Ayosta reserves the right to add, delete or otherwise modify the TOU (or any Supplemental Agreements) at any time without notice to You. The most current version of the TOU can be reviewed by clicking on the "Terms of Use" link at the bottom of the Website. Any continued use of the Website after such additions, deletions, or modifications shall be deemed to constitute acceptance by You of the additions, deletions, or modifications.
Ayosta is committed to protecting the confidentiality of the information furnished to You. Ayosta's Privacy Policy may be reviewed at any time by clicking the "Privacy Policy" link at the bottom of the Website (https://ayosta.com/documents/privacy).
Ayosta is s committed to providing a website accessible to the widest possible audience, regardless of technology or ability. Ayosta is actively working to increase the accessibility and usability of the Website and, in doing so, attempts to achieve applicable standards and guidelines.
To resolve a complaint regarding the Website or if You have any questions about these Terms of Use, please contact Ayosta at info@ayosta.com.