AVA Technologies, LLC
Website and Application
Terms of Use

As a condition to your access to, and use of, the software and related services provided by AVA Technologies, LLC (hereinafter “AVA”) through the AVA Website and/or the AVA Application, you hereby agree to the following Terms of Use (hereinafter “Terms”), and any additional terms which may be subsequently issued by AVA:

1. The AVA software, documentation, codes, applications and trademarks (the “Documentation”) are the sole and exclusive property of AVA and the license to use the same are subject to that certain Application Software License Agreement entered into between AVA and its Customer.

2. AVA reserves the right to update these Terms without notice to you.

3. You may not modify, copy, distribute, transmit, display, perform, reproduce, license, create derivative works from, transfer or sell any information, Documentation, products, APIs or the AVA Website or AVA Application services obtained from the AVA Website or AVA Application except as specifically permitted under these Terms.

4. Your use of the AVA Website or AVA Application shall be deemed to be your express agreement to these Terms.

5. You and/or your organization acknowledge that the information, Documentation, software, products, APIs, and services obtained from the AVA Website or AVA Application are subject to export controls and economic sanctions laws and regulations, including, but not limited to, the U.S. Export Administration Regulations (“EAR”) and regulations promulgated by the U.S. Department of the Treasury’s Office of Foreign Assets Control (“OFAC”). By downloading or accessing the information, Documentation, software, products, APIs, or AVA Website or AVA Application services, you certify that you and/or your organization: are not a U.S. denied or sanctioned person or located in or acting for or on behalf of a country or government subject to U.S. embargo or sanctions; will not use the information, Documentation, software, products, APIs, or AVA Website or AVA Application services in connection with an end-use prohibited by U.S. law; and are eligible to receive such information, Documentation, software, products, APIs, and AVA Website or AVA Application services under U.S. export controls and economic sanctions laws and regulations. You further agree that you and/or your organization will not export, reexport, transfer, retransfer, sell, supply, or allow access to or use of the information, Documentation, software, products, APIs, and AVA Website or AVA Application services (including to, in, by, or for a denied, sanctioned, embargoed, or prohibited country, person, or end use under U.S. law) without a license or other authorization from the U.S. Government, and assume sole responsibility for obtaining any necessary license or other authorization. Diversion contrary to U.S. law is prohibited.

6. By using the AVA Website or AVA Application and providing any information, you are consenting to the processing of your information by AVA, its integrated service providers and its licensees and consenting to any privacy policy of the foregoing.

7. AVA may change, terminate, suspend or discontinue any aspect of the AVA Website or AVA Application, with or without notice or permission. Your continued use of the AVA Website or AVA Application following such changes constitutes your agreement to the changes.

8. AVA DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED OR STATUTORY, INCLUDING ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE, DOCUMENTATION, APIs, AVA WEBSITE AND AVA APPLICATION SERVICES, CONTENT AND INFORMATION AVAILABLE ON THE AVA WEBSITE OR AVA APPLICATION, ALL OF WHICH ARE PROVIDED “AS-IS”. AVA DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS OR TIMELINESS OF CONTENT. THE USE OF THE AVA WEBSITE OR AVA APPLICATION AND CONTENT IS AT THE USER’S OWN RISK.

IN NO EVENT SHALL AVA AND/OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM, BUT NOT LIMITED TO, LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF, OR IN CONNECTION WITH, THE USE OR PERFORMANCE OF THE AVA WEBSITE OR AVA APPLICATION, SOFTWARE, DOCUMENTATION, APIs, AVA WEBSITE OR AVA APPLICATION SERVICES, OR INFORMATION AVAILABLE FROM ANY OF THE WEBSITES.

9. AVA reserves all rights not expressly granted under these Terms, and no other rights are granted under these Terms by implication or estoppel or otherwise.

10. If any of the AVA Website or AVA Application services requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You also will choose a password and a user name, if required. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify AVA immediately of any unauthorized use of your account or any other breach of security. AVA will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by AVA or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder.

11. As a condition of your use of the AVA Website or AVA Application, you will not use the information, Documentation, software, products, APIs, and AVA Website or AVA Application services obtained for any purpose that is unlawful or prohibited by these Terms, conditions, and notices. You may not use the information, Documentation, software, products, APIs, and AVA Website or AVA Application services in any manner that could damage, disable, overburden, or impair any AVA server, or the network(s) connected to any AVA server, or interfere with any other party’s use and enjoyment of any information, Documentation, software, products, APIs, and AVA Website or AVA Application services available from the AVA Website or AVA Application. You may not attempt to gain unauthorized access to any information, Documentation, software, products, APIs, and AVA Website or AVA Application services obtained from the AVA Website or AVA Application, other accounts, computer systems or networks connected to any AVA server or to any of the AVA Website or AVA Application, information, Documentation, software, products, APIs, and AVA Website or AVA Application services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the AVA Website or AVA Application.

12. The AVA Website or AVA Application may contain e-mail services, bulletin board services, chat areas, news groups, forums, communities, calendars, file cabinets and/or other message or communication facilities designed to enable you to communicate with others (“Communication Service(s)”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using the Communication Services, you will not:

• Use Communication Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise);
• Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
• Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information;
• Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same;
• Use any material or information, including images or photographs, which are made available through the AVA Website or AVA Application and Communication Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party;
• Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another;
• Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Services specifically allows such messages;
• Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner;
• Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
• Restrict or inhibit any other user from using and enjoying the Communication Services;
• Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service;
• Harvest or otherwise collect information about others, including e-mail addresses;
• Violate any applicable laws or regulations;
• Create a false identity for the purpose of misleading others; and/or
• Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the AVA Website or AVA Application or other user or usage information or any portion thereof.

13. AVA has no obligation to monitor the Communication Services. However, AVA reserves the right to review materials posted to the Communication Services and to remove any materials in its sole discretion. AVA reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever.

AVA reserves the right at all times to disclose any information AVA deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in AVA’s sole discretion.

Always use caution when providing any personally identifiable information in any Communication Service. AVA does not control or endorse the content, messages or information found in any Communication Service and therefore, AVA specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. AVA’s property owners or managers/customers and hosts are not authorized AVA spokespersons, and their views do not necessarily reflect those of AVA. Materials uploaded to the Communication Services may be subject to posted limitations on usage, reproduction and/or dissemination; you are responsible for adhering to such limitations if you download the materials.

14. By posting, uploading, inputting, providing or submitting any information or feedback (“Submission”) you are granting AVA, its Customers, its affiliated companies, and sublicensees (including third parties whose products, technologies and services use and interface with any specific parts of AVA Website or AVA Application services that includes the Submission), without charge, the right to use, share and commercialize your Submission in any way and for any purpose. You will not give any Submission that is subject to a license that requires AVA to license its software or Documentation to third parties because we include your Submission in them. By posting a Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in these Terms including, without limitation, all the rights necessary for you to post the Submission. Submissions reflect the opinion of the author and not the opinion of AVA.

15. THIRD PARTY LINKS WILL ALLOW YOU TO LEAVE THE AVA WEBSITE OR AVA APPLICATION. THE LINKED SITES ARE NOT UNDER THE CONTROL OF AVA AND AVA IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED WEBSITE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY AVA OF THE WEBSITE.

16. “AVA Trademarks” means all names, marks, brands, logos, designs, trade dress, slogans and other designations AVA uses in connection with its products and services. You may not remove or alter any AVA Trademarks, or co-brand your own products or material with AVA Trademarks, without AVA’s prior written consent. You acknowledge AVA’s rights in AVA Trademarks and agree that any use of AVA Trademarks by you shall inure to AVA’s sole benefit. You agree not to incorporate any AVA Trademarks into your trademarks, service marks, company names, Internet addresses, domain names, or any other similar designations, for use on or in connection with computer or Internet-related products, services or technologies.

17. If any provision of these Terms is found to be unlawful or unenforceable in any respect, the court shall reform such provision so as to render it enforceable (or, if it is not possible to reform such provision so as to make it enforceable, then delete such provision). As so reformed or modified, the court shall fully enforce the Terms.

18. All matters relating to your access to, or use of the AVA Website or AVA Application are governed by the laws of Alabama. Any legal action or proceeding relating to your access to or use of the AVA Website or AVA Application shall be instituted in a state or federal court in Mobile County, Alabama. You agree to submit to the jurisdiction of, and agree that venue is proper in, these courts.

19. Any notice to AVA shall be directed to:

AVA Technologies, LLC
202 Government Street
Mobile, AL 36602