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This page states terms and conditions under which Avtron authorizes you to
use this Web site (this "Agreement"). Please read this page carefully. If
you do not accept this Agreement, do not use this Web site. Avtron may
revise this Agreement at any time by updating this posting. You agree to
review this Agreement periodically so that you are aware of any such
modifications, at which time you may either agree to such changes or
discontinue the further use of this Web site. Your continued use of this Web
site after Avtron posts such changes will constitute your agreement to the
amended Agreement.
1. Trademarks.
The logo service marks, trademarks, and/or trade dress of Avtron and its
affiliates are owned exclusively by Avtron. All other trademarks, product
names and company names or logos cited herein are the property of their
respective owners.
2. Copyrights.
The Content may be protected by copyright. All rights are reserved.
Unauthorized use of the Content may violate copyright, trademark, and other
laws. You must retain all copyright and other proprietary notices contained
in the original Content on any copy you make of same.
3. Limits on Use.
This Web site is owned and operated by Avtron, and is for your personal,
noncommercial use. You may not modify, copy, distribute, transmit, display,
perform, reproduce, publish, license, create derivative works from,
transfer, or sell in any way any information, documents, graphics, software,
products or services obtained from this Web site ("Content"), except that
you may view the Content in its present form. Any Content or software
products downloaded from this web site are for use on any single computer.
You are permitted only one license of the software which will be for
personal use, provided that you keep intact all copyright and other
proprietary notices. The use of any of the Content on any other Web site or
networked computer environment is strictly prohibited. You recognize that
unauthorized use of the Content may subject you to civil or criminal
liability.
4. Disclaimer of Warranties.
THE CONTENT PUBLISHED ON THIS WEB SITE MAY INCLUDE INACCURACIES OR
TYPOGRAPHICAL ERRORS. AVTRON DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS
REGARDING THE USE OR THE RESULTS OF THE USE OF THE CONTENT IN THIS SITE IN
TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND
NOT AVTRON) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR
CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED
WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
AVTRON DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN ITS WEB SITE CONTENT
WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT
THIS WEB SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR
OTHER HARMFUL COMPONENTS.
AVTRON MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE CONTENT
CONTAINED ON THIS WEB SITE FOR ANY PURPOSE. ALL SUCH CONTENT IS PROVIDED "AS
IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST
EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, AVTRON HEREBY DISCLAIMS ALL
WARRANTIES AND CONDITIONS WITH REGARD TO THE CONTENT, INCLUDING ALL IMPLIED
WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE AND NONINFRINGEMENT.
5. Disclaimer of Consequential Damages.
IN NO EVENT SHALL AVTRON, ITS CONTENT SUPPLIERS, OR ANY THIRD PARTIES
MENTIONED AT THIS WEB SITE, BE LIABLE FOR ANY INDIRECT, PUNITIVE,
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY
CONNECTED WITH THE USE OF THIS WEB SITE OR WITH THE DELAY OR INABILITY TO
USE THIS WEB SITE, OR FOR THE CONTENT OBTAINED THROUGH THIS WEB SITE, OR
OTHERWISE ARISING OUT OF THE USE OF THIS WEB SITE, WHETHER BASED ON
CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF AVTRON HAS BEEN
ADVISED OF THE POSSIBILITY OF DAMAGES.
6. Third Party Content on Site.
You acknowledge and agree that this Web site may contain Content provided by
other users, Content suppliers and other third parties. Avtron makes no
representations with respect to, nor does it guarantee, warrant or endorse
the quality, non-infringement, accuracy, completeness, timeliness,
reliability or correct sequencing of such third party Content or any other
Content that such third party Content may access. Avtron expressly disclaims
responsibility and liability for all third party provided Content contained
or accessible through this Web site.
7. User Submissions.
Generally, any communication, which you post to this Web site, is considered
to be non-confidential. If particular pages on this Web site permit the
submission of communications that will be treated by Avtron as confidential,
such a fact will be stated in "Legal Notices" on those pages. By posting
communications to this Web site, you automatically grant Avtron a
royalty-free, perpetual, irrevocable nonexclusive license to use, reproduce,
modify, publish, edit, translate, distribute, perform, and display the
communication alone or as part of other works in any form, media, or
technology, whether now known or hereafter developed, and to sublicense such
rights through multiple tiers of sublicenses.
As a user of this Web site ("User"), you are responsible for your own
communications and are responsible for the consequences of their posting.
You must not do the following things: Post content that is copyrighted,
unless you are the copyright owner or have the permission of the copyright
owner to post it; post content that reveals trade secrets, unless you own
them or have the permission of the owner; post content that infringes on any
other intellectual property rights of others or on the privacy or publicity
rights of others; post content that is obscene, defamatory threatening,
harassing, abusive, hateful, or embarrassing to another User or any other
person or entity; post sexually-explicit image; post advertisements or
solicitations of business; post chain letters or pyramid schemes; or
impersonate another person.
Avtron and its Content suppliers do not represent or guarantee the
truthfulness, accuracy, or reliability of any of communications posted by
other Users or endorse any opinions expressed by Users. You acknowledge that
any reliance on Content posted by other Users will be at your own risk.
Avtron does not screen communications in advance and is not responsible for
screening or monitoring Content posted by Users. If notified by a User of
communications, which allegedly do not conform to this Agreement, Avtron may
investigate the allegation and determine in good faith and its sole
discretion whether to remove or request the removal of the communication.
Avtron has no liability or responsibility to Users for performance or
nonperformance of such activities. Avtron reserves the right to expel Users
and prevent their further access to this Web site for violating this
Agreement or the law and the right to remove communications which are
abusive, illegal, or disruptive.
8. Links to Other Sites.
This Web site may contain links to third party Web sites. These links are
provided solely as a convenience to you and not as an endorsement by Avtron
of the Content on such third party Web sites. Avtron is not responsible for
the Content of linked third party Web sites and does not make any
representations regarding the Content or accuracy of any Content on such
third party Web sites. If you decide to access linked third party Web sites,
you do so at your own risk.
9. Software Licenses.
From time to time, software may be made available for downloading from this
Web site ("Software"). Such Software is protected by copyright and may be
protected by other rights. The use of such Software is governed by the terms
of the software license agreement or designated "Legal Notice" accompanying
such Software ("License Agreement"). The downloading and use of such
Software is conditioned on your agreement to be bound by the terms of the
License Agreement.
10. Limitation of Liability.
Unless otherwise expressly provided in a Software License or Legal Notice,
the aggregate liability for Avtron and its Content suppliers to you for all
claims arising from the use of the Content (including Software) is limited
to $100.
11. Indemnity.
You agree to defend, indemnify, and hold harmless Avtron, its officers,
directors, employees, agents and Content suppliers, from and against any
claims, actions or demands, including without limitation reasonable legal
and accounting fees, alleging or resulting from your use of this Web site
and the Content (including without limitation, Software) or your breach of
this Agreement. Avtron shall provide notice to you promptly of any such
claim, suit, or proceeding and shall assist you, at your expense, in
defending any such claim, suit or proceeding.
12. Export Control.
The United States controls the export of products and information. You agree
to comply with such restrictions and not to export or re-export the Content
(including Software to countries or persons prohibited under the export
control laws. By downloading the Content (including Software), you are
agreeing that you are not in a country where such export is prohibited or
are a person or entity to which such export is prohibited. You are
responsible for compliance with the laws of your local jurisdiction
regarding the import, export, or re-export of the Content.
13. User Information.
Avtron and its Content suppliers may collect, use and disclose the IP
addresses and zip codes of all of our Web site's Users on an Aggregate
Basis. For the purposes of this Agreement, "Aggregate Basis" means that we
combine anonymous parts of your information with anonymous parts of the
information from our other Users without including any of your personally
identifiable information, such as but not limited to your name and email
address, in the combination. An example of "Aggregate Basis" without
limitation is our tracking the most popular parts of the Avtron Web site
among the Users.
14. General.
This Agreement is effective until terminated by either party. You may
terminate this Agreement at any time by destroying all Content obtained from
any and all Avtron Web sites and all related documentation and copies and
installations thereof, whether made under the terms and conditions of this
Agreement, or otherwise. This Agreement will terminate immediately without
notice from Avtron if, in Avtron's sole discretion, you fail to comply with
any of the Terms and Conditions is Agreement. Upon termination, you must
destroy all Content obtained from this Web site and any and all other Avtron
Web sites and all copies thereof, whether made under the terms and
conditions of this Agreement, or otherwise.
This Web site is based in Independence, OHIO U.S.A. Avtron makes no claims
that the Content is appropriate or may be downloaded outside of the United
States. Access to the Content (including Software) may not be legal by
certain persons or in certain countries. If you access this Web site from
outside of the United States, you do so at your own risk and are responsible
for compliance with the laws of your jurisdiction. This Agreement is
governed by the internal substantive laws of the State of OHIO, U.S.A,
without respect to its conflict of laws principles. This Agreement shall not
be governed by the United Nations Convention on Contracts for the
International Sales of Goods. If any provision of this Agreement is found to
be invalid by any court having competent jurisdiction, the invalidity of
such provision shall not affect the validity of the remaining provisions of
this Agreement, which shall remain in full force and effect. No waiver of
any term of this Agreement shall be deemed a further or continuing waiver of
such term or any other term. Except as expressly provided in a particular
"Legal Notice" or Software License or Content on particular Web pages, this
Agreement constitutes the entire Agreement between you and Avtron with
respect to the use of this Web site. Avtron reserves the right to make
changes to this Web site and to this Agreement at any time without notice.
15. Choice of Laws/Venues.
You agree that any disputes involving this Web site shall be adjudicated to
any federal or state court located in Cleveland, Ohio. You also agree to
submit to jurisdiction and venue in any state or federal court in Cleveland,
OHIO.
16. Agent for Notice.
For purposes of 17 U.S.C. 512(c) and 37 C.F.R. 201.38
contact Avtron through
privacy@avtron.com. |