TERMS AND CONDITIONS
These Terms and Conditions (“Terms and Conditions”) apply to your interaction with Avtech Capital, LLC and its affiliates (the “Company” “we” or “us”), on this Site. These Terms and Conditions do not apply to information provided to, or other interactions with, the Company by other means (such as email or offline activities).
We agree to provide you access to the Site in accordance with these Terms and Conditions.
You agree to use the Site in a manner consistent with the Terms and Conditions and all applicable rules and regulations. You acknowledge that you have read the Terms and Conditions and that you accept the terms thereof. If you do not agree to the Terms and Conditions, you may not access or otherwise use the Site.
You accept that the Site is provided on an “as is, as available” basis and for your information only. By merely providing access to this Site and its content, we do not warrant or represent that the content is accurate or complete, up-to-date or current, free from technical inaccuracies or typographical errors, free from changes caused by any third party, or that access to the Site will be free from interruptions, errors, computer viruses or other harmful components. Although we take measures to protect against such, we do not assume any liability for these matters. Your use of the Site is at your own risk.
The content displayed on the Site is the property of the Company or its licensors, and is protected by U.S. and international copyright and other intellectual property laws. You many not use any such copyrighted work except as expressly provided in these Terms and Conditions or with the express written consent of the Company.
The Site contains trademarks and trade names of the Company. Third party trademarks and trade names are the property of their respective owners. You many not use any such trademarks except as expressly provided in these Terms and Conditions or with the express written consent of the Company or respective owner.
You agree to not copy, reproduce, modify, display, perform, publish, create derivative works from, or store any content on the Site. You also agree not to distribute, transmit, broadcast or circulate any content to others, without the express prior written consent of the Company, except you may, on an occasional and irregular basis, reproduce, distribute, display or transmit an insubstantial portion of such content, for a noncommercial purpose and without charge, to a limited number of individuals, provided you include all copyright and other proprietary rights notices with that portion of the content, in the same form in which the notices appear on the Site. You may not post any of the Site’s content to forums, newsgroups, mail lists, electronic bulletin boards, or other web sites, without the prior written consent of the Company. Use of all content on the Site is for non-commercial purposes only. Content may include information, tips, facts, views, and opinions the Company deems worthy of publication. The materials included in the Site are for general information purposes only and DO NOT CONSTITUTE LEGAL, ACCOUNTING, TECHNICAL, BUSINESS, OR ANY OTHER PROFESSIONAL ADVICE.
The Site may contain hyperlinks or pointers to other websites owned or maintained by third parties or may provide third-party content on the Site. The links to third-party websites are provided for your convenience and information only. If you access any of the third party websites linked to on the Site, you do this entirely at your own risk. We reserve the right to terminate a link to a third-party website at any time. The fact that the Site contains a link to a third-party website does not mean that we endorse, authorize or sponsor that website, its content, or its owner, proprietor or sponsors. It also does not mean that we are affiliated with the third-party website’s owners, proprietors or sponsors. Likewise, if a third party links to this Site, it is not necessarily an indication of an endorsement, authorization, sponsorship, affiliation, joint venture or partnership by or with us.
In using the Site, you agree (a) to not upload, post or transmit to, distribute, or otherwise publish through the Site any materials which (i) restrict or inhibit any other user from using and enjoying the Site, (ii) are unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate law, (iv) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right, (v) contain a virus or other harmful component, (vi) contain any information, software or other material of a commercial nature, (vii) contain advertising of any kind, or (viii) constitute or contain false or misleading indications of origin or statements of fact; and (b) that you are at least eighteen (18) years old.
You acknowledge that transmissions to and from the Site are not confidential and your communications may be read or intercepted by others. Any unprotected e-mail communication over the Internet is subject to possible interception or loss, is not confidential and is also subject to possible alteration. We are not responsible for and will not be liable to you or any third party for damages in connection with an e-mail sent by you to us or an e-mail sent by us to you, or anyone you designate, at your request. Violators of this section who use our services for any illegal purpose, including but not limited to, repeated unwanted emails or “Spam,” may be prosecuted to the full extent of the law.”
The Company shall not be responsible for the accuracy, completeness or use of any information received by you through the Site. THE SITE, INCLUDING ALL SOFTWARE, FUNCTIONS AND CONTENT, ARE PROVIDED ON AN “AS IS” “AS AVAILABLE” “WITH ALL FAULTS” BASIS, AND YOUR USE THEREOF IS AT YOUR OWN RISK. NONE OF THE COMPANY NOR ANY OF ITS AFFILIATES, BUSINESS PARTNERS OR SUPPLIERS MAKES ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, STATUTORY OR ARISING FROM COURSE OF CONDUCT, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. THE COMPANY, ITS AFFILIATES, BUSINESS PARTNERS AND SUPPLIERS MAKE NO REPRESENTATION OR WARRANTY THAT ANY CONTENT, SOFTWARE OR FUNCTIONS ACCESSED THROUGH THE SITE WILL MEET ANY USER’S REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NOR DOES THE COMPANY MAKE ANY REPRESENTATION OR WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ANY SERVICE PROVIDED ON THE SITE OR AS TO THE ACCURACY OR RELIABILITY OF ANY CONTENT. YOU ACKNOWLEDGE AND AGREE THAT ANY DOCUMENT AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SITE OR THE USE OF THIS INFORMATION SERVICE IS DONE AT USER’S OWN DISCRETION AND RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO ANY COMPUTER SYSTEM USED OR AFFECTED THEREBY OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. THE COMPANY MAKES NO REPRESENTATION OR WARRANTY REGARDING ANY INFORMATION OBTAINED FROM ANY HYPERLINKED THIRD PARTY SITE. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT THE EXCLUSION AND/OR LIMITATION OF LIABILITY IS PERMITTED BY LAW. THE COMPANY RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO MAKE ANY CHANGES TO THE SITE, THE CONTENTS AND THE PRODUCTS, PROGRAMS, SERVICES OR PRICES (IF ANY) DESCRIBED IN THE SITE AT ANY TIME WITHOUT NOTICE. THIS SITE MAY BE USED FOR INFORMATIONAL PURPOSES ONLY.
THE COMPANY, ITS AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS SHALL NOT BE RESPONSIBLE TO YOU OR ANY THIRD PARTY FOR ANY TRANSMISSIONS NOT ACTUALLY RECEIVED OR FOR MALFUNCTIONS IN COMMUNICATIONS FACILITIES WHICH MAY AFFECT THE ACCURACY OR TIMELINESS OF THE ELECTRONIC RECORDS SENT, OR FOR ANY LOSSES, ERRORS OR DELAYS ARISING OUT OF YOUR USE OF ANY ACCESS SERVICE PROVIDER OR CAUSED BY ANY BROWSER SOFTWARE, OR FOR ANY INFORMATION CONTAINED IN, DISPLAYED ON OR OMITTED FROM THE SITE, ANY PERSON’S RELIANCE ON ANY SUCH INFORMATION, WHETHER OR NOT THE INFORMATION IS CORRECT, CURRENT OR COMPLETE, THE CONSEQUENCES OF ANY ACTION TAKEN OR NOT TAKEN BY YOU OR ANY OTHER PERSON OR THE FAILURE TO SO ACT BASED ON INFORMATION PROVIDED BY OR AS A RESULT OF THE USE OF THE SITE. IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OWNERS AND AGENTS, BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION BUSINESS INTERRUPTION, LOSS OF INFORMATION OR PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM, OR LOSS OF PROFIT), EVEN IF THE COMPANY IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RELATED TO YOUR USE OR ACCESS TO, OR YOUR INABILITY TO USE OR ACCESS, THE SITE, ITS CONTENT OR FUNCTIONS, OR ANY LINKED WEBSITE. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE COMPANY, ITS AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OWNERS AND AGENTS, EXCEED ONE HUNDRED ($100), AS LIQUIDATED DAMAGES AND NOT AS A PENALTY, REGARDLESS OF THE CAUSE OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN THE COMPANY AND YOU. THIS SITE AND THE MATERIALS WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. THE LIMITATIONS OF LIABILITY AND DISCLAIMERS HEREIN CONTAINED APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, STRICT LIABILITY, NEGLIGENCE OR OTHER TORT AND SHALL SURVIVE THE TERMINATION OF YOUR USE OR ACCESS TO THE SITE, A FUNDAMENTAL BREACH OR BREACHES, OR THE FAILURE OF THE ESSENTIAL PURPOSE OF CONTRACT OR THE FAILURE OF AN EXCLUSIVE REMEDY. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OR LIMITATION OF SUCH DAMAGES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT THE EXCLUSION AND/OR LIMITATION OF LIABILITY IS PERMITTED BY LAW.
You release, discharge and hold harmless the Company and its affiliates and their respective directors, officers, employees, owners and agents from any and all liability, claims or causes of action (known or unknown) arising out of our or their negligence in connection with the Site, including, without limitation, liabilities arising out of information posted on the Site or otherwise provided by the Company. YOU ACKNOWLEDGE THAT YOU HAVE CAREFULLY READ THIS WAIVER AND RELEASE PARAGRAPH AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. YOU ARE WAIVING ANY RIGHT THAT YOU MAY HAVE TO BRING A LEGAL ACTION TO ASSERT A CLAIM AGAINST US OR THE OTHER PARTIES SET OUT ABOVE FOR OUR OR THEIR NEGLIGENCE.
You further agree to indemnify and hold the Company, and its affiliates, and their respective directors, officers, employees, owners and agents (the “Indemnified Parties”) harmless from any breach of these Terms and Conditions by you, including use of the Site (other than as expressly authorized in these Terms and Conditions), or any allegation that information or materials that you provide to the Company infringes the intellectual property, confidentiality, or other rights of any third party. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from any claims brought by third parties arising out of your use of the information accessed from this Site.
You acknowledge that by using the Site or by submitting communications to the Company, no confidential, fiduciary, contractually implied or other relationship is created between you and the Company other than the express contractual relationship provided in these Terms and Conditions and any other written agreement you have or may enter into with the Company and/or its affiliates.
The Company and its affiliates’ products, services, methods and processes may be covered by one or more patents or other statutory intellectual property rights, and are subject to trade secret and other proprietary rights. The Company and its affiliates reserve all such rights.
The Site is controlled, operated and administrated from the Company’s offices within the United States. The Company makes no representation that any materials contained on the Site or features provided on or through the Site or otherwise by the Company are appropriate or permitted in all locations. Those who access this Site from other jurisdictions are responsible for compliance with local laws. You agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to your use of the Site and any product or service provided by the Company.
These Terms and Conditions shall be governed by and construed in accordance with the substantive laws of the State of Utah, without regard to conflict of law provisions. You agree that the sole and exclusive jurisdiction and venue for any action arising out of or relating to the Site or any content on the Site, your use of the Site, or these Term and Conditions shall be in the state or federal courts in Salt Lake County, Utah, and you agree to be subject to jurisdiction in such courts for purposes of such actions. You waive all rights to a jury trial.
These Terms and Conditions constitute the entire agreement between the Company and you with respect to your use of the Site and supersede all prior or contemporaneous agreements, with respect to the subject matter hereof. No modification of this Agreement shall be effective unless in writing and signed by an authorized officer of the Company or posted by the Company on this Site. No employee, agent or representative of the Company has the authority to vary these Terms and Conditions. These Terms and Conditions are not intended to alter the terms or conditions of any other agreement you may have with the Company to the extent that those agreements govern issues other than your use of this Site. We may assign our rights and obligations under these Terms and Conditions but you may not. Any cause of action you may have with respect to your use of this Site or which is the subject of these Terms and Conditions must be commenced within one (1) year after the claim or cause of action arises. Any waiver of any rights of either party must be in writing, signed by the waiving party, and any such waiver shall not operate as a waiver of any future breach of these Terms and Conditions. The language in these Terms and Conditions shall be interpreted as to its fair meaning and not strictly for or against either party. If for any reason a court of competent jurisdiction finds any provision of these Terms and Conditions or portion thereof to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these Terms and Conditions, and the remainder of these Terms and Conditions shall continue in full force and effect.
Updates: These Terms and Conditions are subject to change. Please review them periodically. We reserve the right to modify or supplement these Terms and Conditions at any time. If we make any material change to these Terms and Conditions, we will update the Site to include such changes. We recommend that you review these Terms and Conditions regularly for changes. Your use of the Site following these changes means that you accept the revised Terms and Conditions.