Terms
of Use
AVMetrics.net
Terms of Use
Last updated
June 4, 2008
This website
is provided by AVMetrics (collectively referred to as “AVM”).
AVM is a LLC licensed and operating in the state of California.
You Agree
to These Terms by Using this Site
Your access to, and use of, this Website (collectively referred to as
the “Site”) is subject to the following Terms of Use and all
applicable laws and regulations. By accessing and using the Site, you
accept, without limitation or qualification, these Terms of Use, and acknowledge
that any other agreements between you and AVM are superseded with respect
to this subject matter. If you do not agree and accept, without limitation
or qualification, these Terms of Use, you must exit the site immediately,
not use the files herein, and/or not subscribe to this service.
Limitations
of Use
The information and materials on this website are provided for general
informational purposes. You may use this site solely for the purpose of
learning about and/or purchasing AVM services and products, or for your
personal use of any tools and downloads available on this site. You may
not use, reproduce or distribute the text, graphics, downloads, tools
or any other content on this website for any commercial, non-commercial
or any other purpose not outlined in this agreement.
Privacy
Our Current Privacy Policy is available here
Disclaimer
of Warranties
ALL CONTENT IS SUBJECT TO CHANGE AND IS PROVIDED TO YOU "AS IS"
WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. Please note that some jurisdictions
may not allow the exclusion of implied warranties, so some of the above
exclusions may not apply to you. Without limiting the foregoing, AVM neither
warrants nor represents that your use of any Content will not infringe
the rights of any third parties nor that the Content will be accurate,
complete or up-to-date. Additionally, with reference to any discussions,
chats, postings, transmissions, bulletin boards, and the like that may
be on the Site, AVM assumes no responsibility or liability arising from
any infringing, threatening, false, misleading, abusive, harassing, libelous,
defamatory, vulgar, obscene, scandalous, inflammatory, pornographic, or
profane material or any material that could constitute or encourage conduct
that would be considered a criminal offense, give rise to civil liability,
or otherwise violate any law, contained in any such locations on the Site.
Exclusion
of Liability
YOUR USE OF THE SITE IS AT YOUR OWN RISK. NEITHER AVM, NOR ANY OF ITS
SUBSIDIARIES, AFFILIATES, OFFICERS OR DIRECTORS, NOR ANY OF ITS AGENTS
OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE
SITE OR ITS CONTENT, ARE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL,
SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED
WITH THE USE OF THIS SITE OR CONTENT WHETHER BASED ON CONTRACT, TORT,
STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY
SUCH DAMAGES. Please note that some jurisdictions may not allow the exclusion
of certain damages, so some of the above exclusions may not apply to you.
Third
Party Disclaimer
AVM may provide hyperlinks to third party websites or other resources
solely for your convenience. AVM does not control, and is not responsible
for, the content or privacy policies on, or the security of, such sites.
Without limiting the foregoing, AVM specifically disclaims any responsibility
if such sites:
·
infringe any third party's intellectual property rights;
· are inaccurate, incomplete or misleading;
· are not merchantable or fit for a particular purpose;
· do not provide adequate security;
· contain viruses or other items of a destructive nature; or
· are libelous or defamatory.
Neither does
AVM endorse the content, or any products or services available, on such
sites. If you visit such sites or establish a link to such sites or the
Site, you do so at your own risk and without the permission of AVM.
Copyright
Any Content downloaded by you from this website, including, without limitation,
any files, images incorporated in or generated by the software, and data
accompanying the software (collectively referred to as the "Content")
is licensed to you by AVM. Downloading the Content does not transfer title
to the Content, or any intellectual property rights therein, to you. You
may not redistribute or sell the content.
This website
contains copyrighted materials, animations, photographs, images, videos,
footage, text, music, and sounds (collectively referred to as the "Content")
which is owned by AVM or its licensors. It is illegal to duplicate, download
or distribute any Content from this Site except for your use. You may
not use photos or images of people or identifiable entities in any manner
that suggests the endorsement or association of any product or service
or in connection with any pornographic or immoral materials.
If you believe
that content appearing on the Site constitutes copyright infringement
of another party's rights, please contact us at 1.805.421.5056
Export
Control
Software and other materials from this Site may be subject to United States
Export Control. The United States Export Control laws prohibit the export
of certain technical data and software to certain territories. No software
from this Site may be downloaded or exported:
· into (or to a national or resident of) Cuba, Iraq, Libya, North
Korea, Iran, Sudan, Syria, or any other country to which the United States
has embargoed goods; or anyone on the United States Treasury Department's
list of Specially Designated Nationals or the U.S. Commerce Department's
Table of Deny Orders.
AVM does
not authorize the downloading or exportation of any software or technical
data from this Site to any jurisdiction prohibited by the United States
Export Laws.
Revisions
to the Terms
AVM may at any time, and without notice, revise this Terms of Use statement
by updating this posting. You are bound by any such revisions and should
therefore periodically visit this page to review the current Terms of
Use statement.
Law and
Jurisdiction
These Terms of Use and your use of the Site are governed by the laws of
the State of California, USA, without regard to its choice of law provisions.
The courts of general jurisdiction located within Los Angeles County,
California, USA, will have exclusive jurisdiction over any and all disputes
arising out of, relating to or concerning these Terms of Use and/or the
Site or in which these Terms of Use and/or the Site are a material fact.
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