Envoy Terms of Use

Last Updated: December 2024
Effective Date: [UPDATE TO DAY OF LAUNCH]

These Terms of Use (the “Terms”) govern your access to and use of the ENVOYCAPITALADVISORS.COM website (the “Site”).

This Site is provided by Envoy Capital Advisors (“Envoy,” “we,” or “us”). By using this Site, you agree to these Terms. If you do not accept these Terms, you may not use the Site.

Proprietary Rights

All rights, title, and interest in and to this Site, including its content, design, organization, and compilation (“Content”), belong exclusively to Envoy or its licensors. This includes all intellectual property rights, such as copyrights, trademarks, service marks, logos, patents, database rights, and other proprietary rights.  No license or right to use any Content is granted without prior written permission from Envoy or the applicable third party. Misuse of the Content is strictly prohibited. You do not acquire any right, title, or interest in any Content by accessing or using the Site. Any rights not expressly granted herein are reserved.

You may access and use the content on this Site for non-commercial, educational, or personal purposes only. Copies or prints must retain all proprietary notices, including copyright notices, and must not be modified. Any other use, including commercial reproduction or distribution, is strictly prohibited and may result in legal liability.

Authorized Use of the Site

While using the Site, you are required to comply with all applicable statutes, orders, regulations, rules, and other laws. You may not use the Sites for any fraudulent or unlawful purpose, and you may not take any action to interfere with the Site or any other party’s use of the Site. For example, you may not do any of the following without our consent:

• Reproduce, duplicate, copy, publicly display, frame, mirror, sell, resell, or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Site;
• Violate, or attempt to violate, the security of the Site;
• Disseminate on the Site any viruses, worms, spyware, adware, or other malicious computer code, file, or program that is harmful or invasive or is intended to damage or hijack the operation of, or monitor the use of, any hardware, software, or equipment;
• Reverse engineer, disassemble, decompile, or otherwise attempt to derive the method of operation of the Site;
• Interfere in any manner with the operation or hosting of the Site or monitor the availability, performance, or functionality of the Site;
• Use any data mining, bots, spiders, automated tools, or similar data gathering and extraction methods, directly or indirectly, on the Site or to collect any information from the Site; or
• Assist or permit any persons in violating these Terms or other applicable laws or rules governing the use of the Site.

User Information

When using this Site, you may provide personalized information (“User Information”). Our collection and use of User Information are governed by the Site’s Privacy Policy. You are solely responsible for ensuring the accuracy and completeness of any User Information you provide.

Third-Party Websites

This Site may contain links to third-party websites (“Linked Sites”). Envoy is not responsible for the content, products, services, or materials on Linked Sites, nor does it endorse such Linked Sites. Use of Linked Sites is at your own risk, and Envoy assumes no liability for any issues that may arise from accessing them.

Disclaimer of Warranties

This Site and all Content, services, and materials are provided “as is” and “as available,” without any express or implied warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. Envoy makes no guarantees regarding the accuracy, reliability, or completeness of any content on this Site.

Envoy is not liable for any action taken based on the information provided on this Site. If you require specific advice, please contact us directly. Your sole remedy for dissatisfaction with this Site is to discontinue use.

Limitation of Liability

To the maximum extent permitted by law, Envoy and its affiliates, officers, directors, employees, and agents (“Protected Entities”) are not liable for any direct, indirect, incidental, consequential, or punitive damages arising from your use of this Site.

In jurisdictions that do not allow the exclusion of liability for certain damages, the liability of the Protected Entities is limited to the amount paid by you to Envoy, if any, for using the Site.

Consent to Communications

When you use the Site or send communications to us through the Site, you are communicating with us electronically. You consent to receive electronically any communications related to your use of the Site. We may communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures, and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. All notices from us intended for receipt by you shall be deemed delivered and effective when sent to the email address you provide to us. Please note that by providing us with your email address, postal address or phone number, you are agreeing that we or our agents may contact you at that address or number in a manner consistent with our Privacy Policy.

Updates to These Terms

We may revise or otherwise change or update these Terms from time to time. We will use reasonable efforts to notify you of such changes. However, please check the “Last Updated” legend at the top of this page to see when the Terms were last revised. When changes are made to these Terms, they will become immediately effective when published on this page unless otherwise noted. If you do not agree to the Terms as modified, then you must discontinue your use of the Site. Your continued use of the Site will signify your continued agreement to these Terms as revised. We will make reasonable efforts to notify you of material changes to the Terms. Such efforts might include posting notice on the Site or an email to the address we have on file.

Applicable Laws

This Site is controlled and operated from the United States. Accessing the Site from outside the U.S. is at your own risk, and you are responsible for compliance with applicable local laws.

Dispute Resolution

Facilitated Negotiation: If a dispute arises, either party may request facilitated negotiations assisted by a neutral facilitator. Discussions and disclosures during negotiations are confidential and inadmissible in subsequent proceedings. Facilitated negotiations must conclude within 60 days unless extended by mutual consent. Costs are borne individually, and facilitator fees are shared equally.

Agreement to Arbitration:  You and we agree that any unresolved dispute, claim or controversy, including those known or unknown that may be later discovered, arising out of or relating to these Terms, other agreements on the Site, or the Privacy Policy, or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be either determined by binding arbitration in North Carolina before one arbitrator or submitted to small claims court in North Carolina. If the arbitrator finds this location to be unreasonably burdensome to you, a new location may be selected or arbitration may be conducted over the phone, using video conferencing, or similar. You may be entitled to an in-person hearing near your place of residence. Judgment on the award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. Any arbitration arising out of or related to these Terms shall be conducted in accordance with the expedited procedures set forth in the JAMS Comprehensive Arbitration Rules and Procedures as those Rules exist on the effective date of these Terms, including Rules 16.1 and 16.2 of those Rules.

Seeking Arbitration. If you elect to seek arbitration or file a small claim court action, you must first send to us, by certified mail, a written notice of your claim (“Notice”). The Notice to us must be addressed to: 1422 S Tryon St, STE 300, Charlotte, NC 28203. If we initiate arbitration, we will send a written Notice to an email address you have previously provided to us, if available. We may also use any other means to contact you. A Notice, whether sent by you or by us, must (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought (“Demand”). If you and we do not reach an agreement to resolve the claim within thirty (30) days after the Notice is received, you or we may commence an arbitration proceeding or file a claim in small claims court. Arbitration forms can be downloaded from www.jamsadr.com. If you are required to pay a filing fee, after we receive Notice that you have commenced arbitration, we will promptly reimburse you for your payment of the filing fee, unless your claim is for greater than US $10,000 or the arbitrator determines the claims are frivolous, in which event you will be responsible for filing fees.

Hearing. If your claim is for US $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic or video hearing, or by an in-person hearing as established by the JAMS Rules. If your claim exceeds US $10,000, the right to a hearing will be determined by the JAMS Rules. In the event that the arbitration will be conducted solely on the basis of submitted documents, the arbitrator’s decision and award will be made and delivered within six (6) months of the selection of the arbitrator, unless extended by the arbitrator. Except as expressly set forth herein, the payment of all filing, administration, and arbitrator fees will be governed by the JAMS Rules.

Award. In the event arbitration awards you damages of an amount at least US $100 greater than our last documented settlement offer, we will pay your awarded damages or US $2,500, whichever is greater.

Injunctive Relief. Notwithstanding the foregoing, you and we both agree that you or we may sue in court to enjoin infringement or other misuse of intellectual property rights or in other scenarios where injunctive relief is appropriate. In the event a court or arbitrator having jurisdiction finds any portion of these Terms unenforceable, that portion shall not be effective, and the remainder of these Terms shall remain effective. No waiver, express or implied, by either party of any breach of or default under these Terms will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default.

Confidentiality. You and we shall maintain the confidential nature of the arbitration proceeding and the Award, including the hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision.

Governing Law and Rules. These Terms and the rights of the parties hereunder shall be governed by and construed in accordance with the laws of the State of North Carolina, exclusive of conflict or choice of law rules. You and we acknowledge that these Terms evidences a transaction involving interstate commerce. Notwithstanding the provision in the preceding paragraph with respect to applicable substantive law, any arbitration conducted pursuant to the terms of these Terms shall be governed by the Federal Arbitration Act (9 U.S.C., Secs. 1-16). In any arbitration arising out of or related to these Terms, the arbitrator is not empowered to award punitive or exemplary damages, except where permitted by statute, and the parties waive any right to recover any such damages. In any arbitration arising out of or related to these Terms, the arbitrator may not award any incidental, indirect, or consequential damages, including damages for lost profits. The parties adopt and agree to implement the JAMS Optional Arbitration Appeal Procedure (as it exists on the effective date of these Terms) with respect to any final award in an arbitration arising out of or related to these Terms.Miscellaneous

These Terms are governed by the laws of North Carolina, without regard to its conflict of law provisions.

If any provision is found unenforceable, it will be revised to the minimum extent necessary, and the remainder of the Terms will remain in full force.

Headings are for reference only and do not affect the interpretation of these Terms.

By using this Site, you acknowledge that you have read, understood, and agreed to these Terms.