TERMS OF USE
By using this website, 5th Avenue (the “Website”), you are knowingly and willingly agreeing to be bound by these Terms of Use and understand that these Terms of Use shall constitute a binding and enforceable contract between you and 5th Avenue Group (“5th Avenue Group”).  These “Terms of Use” set forth the terms and conditions under which you may access and use the Website. If you do not agree to these Terms of Use, you may not use this Website.  By continuing to use the Website, you agree to the following terms and conditions, which govern your use of the Website, including your access to the pricing data provided via the Website.  Unless the context requires otherwise, the terms “you” and “your” herein shall include you and your employer.

Modifications
5th Avenue Group may, in its sole discretion and at any time, modify these Terms of Use, in whole or in part, by posting such modifications on the Website.  Your continued use of the Website following the posting of changes will operate as an acknowledgement of your acceptance of the then current Terms of Use.  The Terms of Use will include the date 5th Avenue Group last updated the Terms of Use.

Use Of The Website 
You agree and acknowledge that any application used on the Website and the pricing and other data and content, including, but not limited to, graphics, text, video, and the like which are posted on the Website from time to time, any third party content, other information provided on the Website and any derivative work of any of the foregoing (the “Website Content”), are the sole and exclusive intellectual property of 5th Avenue Group or is licensed by 5th Avenue for use on the Website and shall not be copied, adapted, translated, decompiled, reproduced, reverse engineered, disassembled, displayed, sold or otherwise distributed or modified without the express prior written consent of 5th Avenue.  The Website is protected by applicable intellectual property and other laws, including patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide.  5th Avenue hereby grants you a license to access and use the Website and the Website Content solely in accordance with the terms and conditions of these Terms of Use.  You agree not to remove, obscure, or alter 5th Avenue, or any other copyright notices, trademarks, or other proprietary rights notices affixed to or contained within or accessed through the Website.  Any rights not explicitly granted by 5th Avenue Group in these Terms of Use are reserved. 

You may not use the Website:  (i) on behalf of any third party without 5th Avenue written consent; or (ii) in any manner that may impair, overburden, damage, disable or otherwise compromise (a) 5th Avenue Group; (b) any other party’s use or enjoyment of 5th Avenue Group’s services; or (c) the security or proprietary nature of the Website or any Website Content. 

5th Avenue Group reserves the right to temporarily disable or permanently discontinue any and all functionality of the Website, including the provision of any and all Website Content, at any time without notice and with no liability to you.  If you fail to comply with any provision of these Terms of Use, any rights granted to you herein will automatically terminate.  In the event of such termination, you must immediately cease use of the Website.

Proprietary Rights
You hereby acknowledge that, as between you, and 5th Avenue, 5th Avenue own all rights, title and interest in and to the Website and to any and all proprietary and confidential information contained therein or accessible or provided thereby including but not limited to information regarding transactions performed by you on the Website.  The Website is protected by applicable intellectual property and other laws, including patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide. 
 
Disclaimer of Warranties and Limitation of Liability
THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.  5TH AVENUE 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.  5TH AVENUE MAKES NO WARRANTY THAT (i) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (ii) THE RESULTS OBTAINED FROM THE WEBSITE WILL BE ACCURATE OR RELIABLE, OR (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS.  ANY MATERIAL DOWNLOADED FROM OR OTHERWISE OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING FROM SUCH DOWNLOAD OR USE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE WEBSITE OR THROUGH ANY APPLICATION THEREIN SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE. 5TH AVENUE IS NOT PROVIDING INVESTMENT ADVICE.  YOU AGREE TO USE THE WEBSITE AND ANY APPLICATIONS THEREIN AT YOUR OWN RISK AND TO EXERCISE YOUR INDEPENDENT JUDGMENT IN CONNECTION WITH DETERMINING THE SUITABILITY OF, AND WHETHER TO ENTER INTO, ANY TRANSACTIONS. 

5TH AVENUE INTENDS THAT THE WEBSITE WILL BE VIEWED BY U.S. PERSONS FOR INFORMATIONAL PURPOSES ONLY.  THIS SHOULD NOT BE VIEWED AS A SOLICITATION OR OFFER OF SERVICES IN ANY JURISDICTION IN WHICH 5TH AVENUE IS NOT QUALIFIED TO DO BUSINESS.  IT IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY.  5TH AVENUE GROUP DOES NOT REPRESENT THAT THE WEBSITE OR ANY USE THEREOF IS APPROPRIATE OR AVAILABLE FOR USE IN ANY GEOGRAPHICAL LOCATION.  ANY ENTITY CHOOSING TO USE THE WEBSITE IS SOLELY RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LAWS. 
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL 5TH AVENUE GROUP, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, ADVISORS, LICENSORS, LICENSEES OR CONTENT PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THE WEBSITE, INCLUDING BUT NOT LIMITED TO RELIANCE ON INFORMATION OBTAINED ON THE WEBSITE, MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR ELECTRONIC MAIL, LOSS OF OR DAMAGE TO DATA, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO THE WEBSITE.  YOU HEREBY ACKNOWLEDGE AND AGREE THAT THIS PROVISION WILL APPLY WHETHER OR NOT 5TH AVENUE GROUP IS GIVEN NOTICE OF THE POSSIBILITY OF SUCH DAMAGES AND THAT THIS PROVISION WILL APPLY TO ALL WEBSITE CONTENT, OR SERVICES THAT MAY BE AVAILABLE FROM TIME TO TIME FROM 5TH AVENUE GROUP OR ITS SUBSIDIARIES AND AFFILIATES.  NOTWITHSTANDING THE FOREGOING, ANY LIABILITY RESULTING FROM YOUR USE OF THE WEBSITE SHALL BE LIMITED TO ONE HUNDRED DOLLARS, IN THE AGGREGATE FOR ALL CLAIMS AGAINST 5TH AVENUE GROUP.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages.  Accordingly, some of the above limitations may not apply to you.  In any event, the foregoing limitations shall apply to the greatest extent permitted by law.

Third Party Links
The Website may contain hyperlinks ("Links") to other websites, or advertising or sponsorships operated by or referring to third parties and their goods and services ("Advertising").  Links and Advertising may be made available to assist you, the user, in your use of the Website.  5th Avenue does not control such Links or Advertising.  5TH AVENUE GROUP MAKES NO REPRESENTATION OR WARRANTIES CONCERNING SUCH THIRD PARTY WEBSITES OR RESOURCES AND IS NOT RESPONSIBLE FOR THE CONTENT OR OPERATION OF SUCH THIRD PARTY WEBSITES OR RESOURCES, AND SHALL HAVE NO LIABILITY IN CONNECTION WITH THEM.  Inclusion of such Links or Advertising does not imply any endorsement by 5th Avenue Group, including but not limited to opinions, statements, information, individuals or entities referred to on such Links or Advertising or any association with their operators.  You are solely responsible for any charges or obligations that you may incur in your dealings with such linked site operators or advertisers.  Linked sites or other web sites may also have a Link to this Website; 5th Avenue is not, and you agree that 5th Avenue is not, responsible for the content of any such web Website or the actions of any operator of any such website.

Warning Against Hackers
It is possible that other users or unauthorized "hackers" may post or transmit offensive or obscene materials on the Website and that you may be involuntarily exposed to such materials. It may also be possible for other users or "hackers" to obtain personal information about you. By using the Website, you assume the risk of such occurrences.

You may contact us if you any questions about the Terms of Use, the practices of this Website, or your dealings with the Website by sending an e-mail to Michael Abraham at michael@5thAvenue.group.
 
These Terms of Use were last updated on 23rd May 2025.