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Terms of Service

This website is provided by Avatier Corporation. By accessing the Avatier Corporation website, including but not limited to any Avatier blogs, social media platforms, video channels, documents, services, software, and web service (the “Site”), you are indicating your acknowledgment and acceptance of these Terms of Service. The Terms of Service are subject to change by Avatier Corporation at any time in its discretion. Your use of this Site after such changes are implemented constitutes your acknowledgment and acceptance of the changes. Please consult these Terms of Service regularly. Avatier may also without notice revise the products, services, and solutions described in our website. Nothing in the Terms of Service confers license to our intellectual property rights by reference or otherwise.

General

This website contains proprietary notices and copyright information. The terms of our website must be observed and followed. The Avatier website, which includes all content in our website, social media platforms and video channels may not be copied, reproduced, republished, uploaded, posted, transmitted, distributed, or used for the creation of derivative works without Avatier’s prior written consent. Avatier grants you non-exclusive, non-transferable, limited permission to access, display and share our web pages and media, solely on your computer, tablet and mobile devices, and social media platforms for your personal, non-commercial use of our website and its content.

Our permission is conditioned on your agreeing to not modify the content, keep intact all copyright, trademark, and other proprietaries notices, and accept our terms, conditions, and service notices. Software and other materials available for downloading, access, or other use from our website with their own terms, conditions, and notices are governed by their terms, conditions, and notices.

The Avatier Terms of Service may be terminated at any time and for any reason with or without cause and with or without notice. When our Terms of Service is terminated, you must cease all use of our website and return in your possession all Information and copies related to our website.

Failure to comply with our Terms of Service will result in automatic termination without notice of any rights granted to you. Except for the limited permission already identified, Avatier does not grant you any express or implied rights or licenses under any patents, trademarks, copyrights, or other proprietary or intellectual property rights. You may not mirror on another website or in any other media form content from our website, social media platforms and video channels. Our limited license applies only to media and content on our current site.

Use and Accounts

In completing forms and registration, you agree the information provided is current and accurate. All information you provide when completing an Avatier form is governed by our Privacy Policy.

You are responsible for all material including, but not limited to software code, articles, feedback or suggestions that you upload, post or otherwise transmit to our website, blog, social media or video platforms.

You agree not to upload, post or transmit content that:

  1. Discloses personal or confidential information;
  2. Infringes on or violates third party intellectual property rights;
  3. Is inaccurate, harmful, obscene, pornographic, defamatory, racist, sexist, violent, offensive, xenophobic, harassing, or otherwise objectionable to Avatier as keeper of this website;
  4. Uses any device or technology automating attempts at unauthorized access to password-protected portions of our website, blog, social media platforms and video channels.
  5. Restricts or inhibit any other user from using our website;
  6. Interferes with or attempt to interfere with the proper working of our website as determined by Avatier;
  7. Contains software viruses, malware or computer code, files or programs intended to interrupt, limit or destroy our computer software, hardware, network and telecommunications equipment.

In using our website and content, you also agree to not use our website or brand without consent to:

  1. Pretend to be Avatier or someone else to spoof a fictitious identity;
  2. Misrepresent your affiliation with a person or entity;
  3. Negatively affect other users’ ability to use the website;
  4. Collect and store unauthorized users and web data.
  5. Transmit spam, send mass e-mail, bulk or unsolicited communications to Avatier employees, partners, affiliates and customers.
  6. Forge or manipulate identifiers including URLs to disguise the origin of any content appearing to be transmitted from our systems;
  7. Engage in activities that violate fiduciary relationships, applicable local, state, national and international laws, and regulations.

In posting comments, feedback and documents to our website, you must possess all intellectual property and other rights to the material. By posting and sharing content from our website, you permit others to share and make use of the material. Avatier reserves the right to edit, hide or remove any content that violates our Terms of Service.

If you are allowed access to password-protected areas of our website, social media platforms, video channels, customer relationship management, and marketing systems, you agree to keep your password confidential. You are solely responsible for all activities under your account. You agree to notify Avatier immediately of any unauthorized use of your account or security breach.

Submissions

By submitting, posting, displaying or sharing content, you give Avatier and users of our website a perpetual, irrevocable, royalty-free, worldwide, and non-exclusive license to reproduce, adapt, modify, translate, publish, display and distribute any content you submit. Do not provide content through our website that requires Avatier to license software, receive copyrights, or make a purchase.

Avatier is under no obligation to post or use any content you upload or submit. Avatier may remove content at any time based on our own discretion. In posting content, you acknowledge you represent and possess the power and authority necessary to grant Avatier such rights. Information submitted by you to Avatier is routed via the Internet. Avatier is not responsible for online security lapses or liable for the improper use of your information by a third party during transmission.

Documentation

All documentation contained or accessed from our website is the copyright work of Avatier and our affiliates. Avatier retains all rights, including copyright, which it may have in data, files, images, text and media. You may not publish any documents without Avatier’s consent. You must retain copyright notices for all documents. Our logos, graphics, images and videos from our website may not be copied unless expressly permitted by Avatier. Use of our content other than what Avatier intended is expressly prohibited. Commercial publications, copying or redistribution of Avatier documents in any manner for personal or corporate gain is prohibited without prior written permission.

Information Disclaimer

Information on this website is not guaranteed to be correct, current, or complete. This site may contain technical inaccuracies or typographical errors. Avatier assumes no responsibility and expressly disclaims responsibility for updates to keep information current and ensure information accuracy and completeness. For this reason by accessing our website, viewing content, downloading materials and completing forms, you assume responsibility for confirming the accuracy and completeness of all posted information related to our products, services and any matter described in this site.

Avatier gives no assurances reported problems will be resolved. Even when Avatier elects to address a problem, it may remain for reasons out of our control.

Confidential and Personal Information

Personally identifiable information submitted to Avatier for the purpose of receiving products or services are handled in accordance with our Privacy Policy. Avatier does not want you to send confidential and proprietary information through our website. Information and materials sent to Avatier are considered publicly disclosed. In sending us information and materials, you grant Avatier unrestricted, irrevocable license to copy, reproduce, publish, upload, post, transmit, distribute, publicly display, perform, modify, create derivative works from, share and freely use.

You also agree Avatier can freely use any ideas, concepts, abstractions, techniques or methods that you send us. Avatier will not release your name or publicize that you submitted requests or downloaded information to us unless:

  1. We are required by law;
  2. We obtain your permission to use your name;
  3. You submit materials or our social media platforms, or video channels with your name on it.

Avatier provides software and content downloaded from this website to U.S. Government users with “RESTRICTED RIGHTS.” Use, reproduction, and disclosure for our US government customers and prospects are governed under Avatier’s GSA contract.

Global Availability

Information Avatier publishes on our website, social media platforms and video channels may contain references and cross references to Avatier products, solutions and services that are unavailable in every country. Such references do not imply that Avatier intends to make these products, programs, or services available in your country.

Avatier Systems reserves the right to limit as it choses, or as required by law our content, software and services to any person, geography or jurisdiction. Consult your local Avatier business contact for information regarding the Avatier products, programs, and services available to you.

Business Relationships

Avatier affiliates are third party beneficiaries to our Terms of Service and entitled to the direct enforcement of any provision, which confers a benefit on or rights in favor of them. The Avatier website provides links and references to non-Avatier websites and resources. Avatier makes no representations, warranties, or other commitments whatsoever about non-Avatier websites and third-party resources referenced, accessible from, or linked to an Avatier web page, social media platform or video channel.

Links to non-Avatier websites do not assume Avatier endorses the content or use of the website, its owner, or the products and services provided. Avatier does not investigate, confirm, approve or verify information from linked sites. If you have a dispute or claim relating to a linked site, you release Avatier from any and all such claims. Avatier is not responsible for transactions you may enter into with third parties, even when you learn of such parties or linked to such parties from the Avatier website.

In accessing the Avatier website and its content, you acknowledge and agree Avatier is not responsible for such external sites and resources, or liable for their content, services, products or materials. When you access a non-Avatier website, even one that may contain the Avatier-logo, Avatier does not control the website’s content. It is your responsibility to protect your information and protect yourself from viruses, worms, trojan horses, malware and potentially destructive programs.

Links to Our Website, Social Media Platforms and Video Channels

Links to our website must be approved in writing. Avatier consents to links and the pages that are activated that do not:

  1. Alter in any way the visual presentation or appearance of our content;
  2. Misrepresent your Avatier relationship;
  3. Imply Avatier approves or endorses you, your website, your service or product offerings;
  4. Present false or misleading impressions about Avatier that damage the goodwill and trust associated with our name, brand and trademarks.

As a condition to linking to our website, you agree Avatier may at any time, in its sole discretion, terminate your permission to link to our website. In such an occurrence, you agree to immediately remove all links to our website and cease using the Avatier trademark.

Translations

Text in our website may be available in languages other then English. Text may be translated by a person or solely by computer software with no human intervention or review. Translations are provided as a convenience to you. Avatier makes no representations or commitments regarding the accuracy or completeness of a translation, whether computer-generated or performed by a person.

Software

Software available by download from our website is the copyrighted work of Avatier and third party providers. Avatier retains all rights, including copyright, which it has over data, files, images, text and media. Use of Avatier software is governed by the terms stipulated in a customer’s License Agreement accompanying our software. Any reproduction or redistribution our software not in accordance with our License Agreement or our Terms is expressly prohibited.

When Avatier makes software available on our website without a license agreement, you may use the software according to the following terms: The copyright holders and contributors provide software “as is.” Any express or implied warranties including merchantability and fitness for a particular purpose are disclaimed.

The use of software may be freely reproduced, distributed, transmitted, used or modified, built upon, or exploited by Avatier, our affiliates, customers, partners, developers and users of our website. In no event are copyright owners and contributors liable for any direct, indirect or incidental, special, exemplary, consequential or similar damages including but not limited to procurement of substitute goods or services, the loss of data or profits, and business interruptions.

Avatier API

Avatier grants a non-exclusive, non-sub licensable, non-transferable limited use license to internally use the Avatier API. Use of the Avatier API is limited to the sole purpose of development of software interfaces that enable integration between your products, third party products, and Avatier. You assume all liability resulting from use of our API. This license does not grant you rights to any version enhancements, availability, or support. Avatier may revise or cease to provide our API without notice at any time based on our sole discretion.

Sales of Services

All sales of services are subject to Avatier’s standard terms and conditions of sale, a copy of which is available upon request.

International Use

Avatier makes no representation that materials on this Site are appropriate or available for use in locations outside the United States. Access to this site from countries or territories where such access is illegal is prohibited. Those who choose to access this Site outside the United States do so on their own initiative and are responsible for compliance with local laws.

Disclaimer of Warranty

Avatier cannot guarantee that the Site or its content is error free and Avatier makes no representations about the technical accuracy or functionality of the Site or that the content is accurate, error free or up to date. THIS SITE IS PROVIDED BY AVATIER ON AN “AS IS” AND “AS AVAILABLE” BASIS. AVATIER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS OR INTELLECTUAL PROPERTY. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. AVATIER DOES NOT WARRANT THAT THE INFORMATION IN THIS SITE IS ACCURATE, RELIABLE, UP TO DATE OR CORRECT, THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND AVATIER MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT AVATIER, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. AVATIER MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.

Limitation of Liability

Avatier is not liable to any party for any direct, indirect, incidental, special, or consequential damages of any type related to our website. The use of our website, the resources linked to, the downloading and access of products and services information, including lost profits, business interruptions, lost saving, loss programs or loss data are at your own risk. Our exclusion and waiver of liability applies to all causes of action, whether based on contract, warranty, tort, or other legal theories.

Avatier is not liable to any party for direct, indirect, incidental, special, exemplary, or consequential damages whatsoever related to our website, the use of our website, or any site linked to or from our website. Damages may include and are not limited to lost profit, business interruption, lost savings, lost data, or lost programs. This waiver of liability applies to all cause of action regardless of legal theory.

Additional or different terms, conditions, and notices may apply to specific materials, products, software, services and information offered through our website. When conflicts occur, the additional or different terms, conditions, and notices will prevail over our Terms of Service. Please see the applicable agreement or notice.

Any cause of action must be instituted within one year after the access related to the cause of action, or be forever waived and barred.

Disputes

Our Terms of Service constitutes the entire and only agreement between you and Avatier pertaining to the use of our website, social media platforms, video channels and systems. Our Terms of Service are intended to be a complete and absolute mutual agreement between all parties who use the Avatier website. When action is taken to enforce our Terms of Service, the prevailing party will be entitled to its costs, attorneys’ fees, and expenses including expert witness fees.

Any breach of the provisions of our Terms of Service will cause irreparable damage to Avatier making a remedy at law inadequate. In addition to legal or equitable remedies, Avatier will be entitled to injunctive relief for a Terms of Service breach. You, therefore, agree to indemnify, defend and hold harmless Avatier against any and all liabilities, claims, damages, costs or other expenses such as attorneys’ fees, costs, expenses, and expert witness fees that arise directly or indirectly out of or from your breach of our Terms of Service.

In the event our terms are held by a court or other tribunal, this document will be modified or eliminated to the minimum extent for the agreement to remain in full effect and enforceable.

Governing Law

You agree that your use of this Site, this Agreement and any disputes relating thereto shall be governed in all respects by the laws of the State of California. Any dispute relating to this Agreement shall be resolved solely in the state or federal courts located in Contra Costa County, California.

Contact Us

For questions regarding the Avatier Terms of Use, contact [email protected]. Please send written inquiries to:

Please send written inquiries to:

Avatier Corporation 
Support Services 
4733 Chabot Drive 
Suite 201 
Pleasanton, CA 94588

You may call: (800) 609-8610 –or- (925) 217-5170

© 2016 Avatier Corporation. All rights reserved. Avatier, the Avatier logo, Avatier Software, and Avatier IT Security Services are trademarks of Avatier. All other brand and product names are trademarks or registered trademarks of their respective holders.