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Terms of use

IMPORTANT NOTICE:

Please read these Terms and Conditions of use very carefully.

By accessing www.AVANSU.com (the "Site") as a User or placing an order with AVANSU to purchase services (the "Services") as a Customer, you indicate your acceptance of these Terms and Conditions of use. The following Terms and Conditions of Use apply to all users of the AVANSU website and constitute a legal agreement between you, on the one hand, and AVANSU, on the other hand. By using the AVANSU Site you represent and warrant that: you have read, understood and agree to be bound by the Terms and Conditions of Use and these Terms and Conditions of Use are a valid, legal and binding obligation, enforceable in accordance with its terms.

If you do not agree to these Terms and Conditions of Use, you cannot use the Site.

AVANSU may amend these Terms and Conditions of Use from time to time without notice. The amendments will be posted on the AVANSU web site and will become effective upon posting. Your continued use of the Site after posting shall constitute your acceptance of and agreement to be bound by the amended Terms and Conditions of Use. In the event you purchase services using this Site, such purchase will be subject to these Terms and Conditions of Use and you shall be deemed to have accepted and agreed to be bound by these Terms and Conditions of Use. Please review these Terms and revisions whenever you access the Site.

Intellectual Property

Unless otherwise expressly stated, AVANSU owns and has the exclusive right to the Site and Content. Third party names and trademarks are exclusively owned by, and appear with the permission of, their respective owners. We respect intellectual property rights and any party who believes any portion of the Site infringes its rights under copyright law is encouraged to notify us immediately and we will make the requested changes to our Site.

You acknowledge that all information published in the AVANSU web site, including, without limitation, technical information, specifications, designs, drawings, processes, engineering and software information, published on the AVANSU web site (collectively, the "Information") is protected in the United States and internationally by a variety of laws including, without limitation, copyright laws, trademark laws, patent laws and other proprietary rights laws. Accordingly, any unauthorized use of any such Information may violate any of such or other laws. The Information is provided by AVANSU as an accommodation to its customers, and may be used by you only to promote your purchase of components from AVANSU (the "Purpose"). This is a license, not a transfer of title.

You acknowledge that there may be situations where the Information is subject to change, qualifications, variations, adjustments or modifications without notice. Moreover, you acknowledge and agree that the Site and the Information contained thereon may contain errors, omissions, inaccuracies, mistakes or deficiencies. Accordingly, you hereby acknowledge and agree that these risks and exposures exist while utilizing this Site, that your use of this Site is subject to such risks and exposures, and that AVANSU will have no liability on account of any of the foregoing, and that this Site should be used as a guideline only.

You may not: (a) modify, distribute, publish or transmit the Information for any public or commercial purpose; (b) reproduce the Information in any form, or by any means, without prior written permission from AVANSU; (c) reverse-engineer, de-compile or disassemble any AVANSU software; (d) remove any copyright or other proprietary notices from the Information on the Site or on any copy authorized by AVANSU; (e) transfer the Information to another entity or person; (f) allow or permit access to or use of the Site or any component thereof by any unauthorized third parties or for any unlawful purpose; (g) engage in any conduct that in AVANSU’ s sole and absolute discretion, restricts, inhibits or impacts any other authorized user from using the Site; (h) engage in any activities or practices that disrupt, circumvent or otherwise interfere with the operation of the Site; or (i) perform any act or omission that would violate these Terms and Conditions of Use.

Without limiting AVANSU’s rights, AVANSU may terminate this license at any time if you are in breach of these Terms and Conditions of Use. AVANSU makes no representations or warranties as to whether AVANSU components are free from claims of third parties regarding infringement or the like.

Confidentiality of Site Information

You acknowledge that the Information contained in the AVANSU web site is confidential and proprietary to AVANSU and you agree: (a) not to reveal, report, publish, copy, disclose or transfer Information to any third party, without AVANSU’ s prior written consent, or permit any third party to examine and/or make copies of any of the Information; (b) not to use or copy the Information for any purpose except the Purpose, for your own use or benefit or the benefit of others; or to compete with AVANSU or otherwise use the Information in any way directly or indirectly detrimental to AVANSU; (c) to hold the Information in strict confidence and to take all reasonable precautions to protect the Information. You acknowledge and agree that the Information is proprietary to and is the sole and exclusive property of AVANSU and that you have no right, title or interest therein. You acknowledge and agree that the Information is a trade secret and is not readily accessible to competitors of AVANSU and that such Information has been acquired and assembled at significant expenditures of time and other resources. You additionally acknowledge and agree that such Information: (a) provides AVANSU with a competitive advantage over those who do not know or use it; (b) is kept in a safe place and AVANSU has taken and is taking all reasonable precautions to protect the secrecy of the Information and AVANSU’s legitimate interest in the Information; (c) would be difficult for competitors of AVANSU or others to duplicate; and (d) may be used by AVANSU in any manner it determines in order to aid in the marketing and sales of its services.

Acceptable Use

You agree to: use the Site, as an authorized user, only for the Purpose and only in accordance with the Terms of Use; take all precautions necessary to maintain the secrecy and security of any passwords and user IDs that may be issued by you and be solely responsible for any use, misuse, theft or loss of any such passwords and user IDs, including unauthorized access by third parties; and comply with any and all applicable rules governing transactions on and through the Site. In the event of any unauthorized use of the Site or should any unauthorized use of the Site be reasonably suspected by you or your company, you must notify AVANSU immediately by email () and concurrently provide written notice of the circumstances surrounding the event.

Limited License

Your sole right regarding the Site is a limited, revocable, non-exclusive, and non-transferable license (the "Limited License") to access the Site and purchase Services under these Terms ( "Permitted Uses"). Any use of the Site, its content ("Content"), or any materials linked to the Site, is entirely at your own risk.

For the well being of the Site and all Users, we require that you use the Site or Content only as these Terms specifically allow; respect the Site and Users by not introducing any content that (a) is offensive, (b) violates any third party’s rights, or (c) is likely to disrupt the Site, such as a computer virus; provide accurate, complete information to AVANSU (and notify us of changes within 14 days); keep confidential, and take full responsibility for, any password we issue you; and abide by all applicable laws.

Any breach of these Terms, or use other than a Permitted Use, terminates the Limited License. We may also require the breaching User to indemnify and hold harmless AVANSU and its affiliates (and their respective shareholders, directors, officers and employees) from and against any related losses, liabilities, damages, costs or expenses (including reasonable attorneys' fees and costs).

Sole Agreement

These Terms supersede any other understandings between us regarding the Site. In the event of any inconsistency between these Terms and any other document, these Terms prevail. Each provision is separate, and if any provision is held invalid by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The waiver or failure of a party to exercise any right in these Terms shall not be deemed a waiver of any other or subsequent right.

Assignment

We reserve the right to assign any right in the Site or Content to a third party. This includes without limitation any rights related to User and/or Customer information, provided that such third party agrees to abide by the then-applicable AVANSU Privacy Policy.

Disclaimer

All Information relating to descriptions and characterizations of software and services and all specifications, designs and related technical documents contained on the AVANSU Web Site (collectively, "Technical Data") are provided solely for purposes of identifying the services in question and for illustrative purposes, and do not constitute a warranty that the services will conform to such Technical Data nor that the services will be provided in accordance with such Technical Data, and AVANSU hereby waives any and all liability in connection therewith. Accordingly, use of our services is at your, and your company’s, own risk and pursuant to your own qualification tests and analysis.

USERS BROWSE AND USE THIS SITE AND INFORMATION CONTAINED HEREIN AT THEIR OWN RISK.

AVANSU MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, ABOUT THE SITE, CONTENT, OR ANY LINKED MATERIAL. THEY ARE PROVIDED "AS IS," AND YOU ASSUME ALL RISK OF USE. AVANSU MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO ANY SERVICE OR SOFTWARE QUALITY OR PERFORMANCE. THE SOFTWARE AND SERVICE IS PROVIDED "AS IS," AND THE CUSTOMER ASSUMES THE ENTIRE RISK OF ANY SOFTWARE AND SERVICE QUALITY OR PERFORMANCE.

AVANSU DISCLAIMS ALL STATUTORY, EXPRESS, AND IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE.

THE INFORMATION CONTAINED IN THE AVANSU WEB SITE IS PROVIDED "AS IS", "WITH ALL FAULTS" AND WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND, ALL OF WHICH ARE HEREBY WAIVED.

AVANSU DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, ARISING BY OPERATION OF LAW OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES CONCERNING INFRINGEMENT OR THE LIKE.

AVANSU DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, AND MAKES NO COMMITMENT TO UPDATE THE INFORMATION CONTAINED HEREIN.

AVANSU CANNOT GUARANTEE OR WARRANT THAT THE SITE IS FREE OF COMPUTER VIRUSES, AND OTHER DAMAGING COMPUTER PROGRAMMING ROUTINES OR HARMFUL COMPONENTS. AVANSU CANNOT GUARANTEE OR WARRANT THAT THIS SITE IS FREE OF SAME WHEN IT IS DOWNLOADED BY A USER, NOR DOES IT MAKE ANY SUCH REPRESENTATION OR WARRANTY, AND SAME ARE HEREBY WAIVED.

INFORMATION CONTAINED IN THIS SITE IS PROVIDED WITH THE EXPRESS UNDERSTANDING THAT AVANSU IS NOT RENDERING TECHNICAL OR PROFESSIONAL ADVICE OR OPINIONS ON SPECIFIC FACTS AND MATTERS AND, ACCORDINGLY, AVANSU ASSUMES NO LIABILITY IN CONNECTION WITH THE USE OF THIS SITE OR THE INFORMATION.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL AVANSU BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, DIRECT, INDIRECT OR SPECIAL DAMAGES, OR LOST PROFITS OR EXPENSES OF WHATSOEVER KIND AND NATURE, IMPOSED UPON, INCURRED BY OR ASSERTED OR AWARDED AGAINST YOU, DIRECTLY OR INDIRECTLY ARISING OUT OF, RELATING TO OR RESULTING FROM: (a) THE SITE; (b) YOUR USE, YOUR INABILITY TO USE OR ANY RESULT OF YOUR USE OF THIS SITE OR ANY WEBSITES THAT ARE LINKED TO OR FROM THIS SITE; (c) YOUR USE (OR RELIANCE ON ANY) OF THE INFORMATION CONTAINED IN THIS SITE OR ANY SITE LINKED TO OR FROM THIS SITE; (d) ANY BREACH OF WARRANTY, EXPRESS OR IMPLIED, UNDER THESE TERMS OF USE OR OTHERWISE; OR (e) ANY OTHER BREACH OF ANY OBLIGATION OR DUTY OWED BY AVANSU HEREUNDER OR UNDER APPLICABLE LAW, REGARDLESS OF WHETHER THE LIABILITY RESULTED FROM ANY GENERAL OR PARTICULAR REQUIREMENT OR NEED WHICH AVANSU KNEW OR SHOULD HAVE KNOWN OF.

THIS LIMITATION OF LIABILITY WILL APPLY TO ANY CLAIM WHETHER THE CLAIM IS BASED ON CONTRACT, TORT, WARRANTY OR ANY OTHER LEGAL THEORY, AND REGARDLESS OF WHETHER AVANSU HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN THE EVENT THAT ANY TERM OF ANY AGREEMENT BETWEEN YOU AND AVANSU IS FOUND UNCONSCIONABLE OR UNENFORCEABLE FOR ANY REASON, THIS PROVISION OF WAIVER BY AGREEMENT OF CONSEQUENTIAL DAMAGES SHALL NEVERTHELESS CONTINUE IN FULL FORCE AND EFFECT.

YOUR SOLE REMEDY FOR ANY DISSATISFACTION IS TO STOP USING THE SITE, CONTENT, SOFTWARE, SERVICE, AND/OR LINKED SITE.

Limited Warranty

AVANSU HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES EITHER EXPRESS OR IMPLIED, RELATED TO SERVICES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTY OF NONINFRINGEMENT.

Limitation of Liability

THE LIMITED WARRANTY SET FORTH ABOVE IS THE CUSTOMER’S SOLE REMEDY WITH REGARD TO SERVICES. SUCH WARRANTY AND THE DISCLAIMER SET FORTH ABOVE ARE EXCLUSIVE AND REPLACE ALL OTHERS, ORAL OR WRITTEN, EXPRESSED OR IMPLIED. NO AVANSU DEALER, AGENT, OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATION, EXTENSION OR ADDITION.

IN NO EVENT WILL AVANSU BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR FOR LOSS OF PROFIT, EVEN IF AVANSU SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE.

IN NO EVENT SHALL AVANSU’s LIABILITY TO CUSTOMER FOR DAMAGES OF ANY NATURE EXCEED THE AMOUNT PAID BY THE CUSTOMER TO AVANSU FOR SERVICES DURING THE THREE (3) MONTHS PRIOR TO THE EVENT CAUSING THE CLAIM, IF THE LIABILITY RESULTS THEREFROM.

Privacy

AVANSU respects your privacy rights. Our Privacy Policy is incorporated into these Terms by reference to the document: AVANSU PRIVACY POLICY available on the AVANSU web site.

Pricing and Payment

Prices for Services are listed in the AVANSU Online Store. Payment shall be made by submitting an order via the online store and making payment by a credit card (Mastercard or Visa). The Customer is solely responsible for selecting the payment method. AVANSU will not accept telephone or fax orders if the Online Store is temporarily unavailable to the Customer.

Taxes and Other Charges

AVANSU shall charge and withhold the applicable Florida State sales tax for services provided to addresses within Florida. The customer shall be solely responsible for all taxes, duties, customs, levies or other governmental charges, however characterized, and for any brokerage.

Product Support

AVANSU shall use reasonable efforts to post on the Site a list of documented software problems and how such problems may be addressed. The Customer is solely responsible for its reliance on the foregoing information. AVANSU will make reasonable efforts to address technical problems with Services if Customer emails AVANSU with a description of the problem in sufficient detail that enables AVANSU to replicate the problem and investigate a possible solution to the problem.

Trademarks

Any trademarks, logos, slogans, product designations and service marks (collectively "Marks") displayed on the AVANSU web site are the property of AVANSU or other third parties. You are not permitted to use these Marks without the prior written consent of AVANSU or such third party which may own the Mark. This Site may contain information and disclosures of parts, methods or other technology which may be the subject of intellectual property protection owned by AVANSU or other third party. Notwithstanding anything to the contrary herein contained, nothing on this Site is to be construed as granting any license whatsoever, by implication or otherwise, to any intellectual property. Any unauthorized access or attempted access to any password protected information on this Site or any attempt to circumvent access restrictions or any other security measures is expressly prohibited.

Links to Third Party Sites

The AVANSU web site contains links to other third party websites ("Third Party Sites"). AVANSU makes no representations about any Third Party Sites or the content thereof that is accessed through this Site. You acknowledge that AVANSU has not reviewed all of these Third Party Sites, has no control over such Third Party Sites or the content thereof, and is not responsible for any of these sites or their content. Accordingly, you acknowledge and agree that access to any Third Party Site is at your own risk and AVANSU shall have no liability therefore. AVANSU is not responsible for the accuracy, reliability or completeness of any information, data, opinions, advice or statements made on these Third Party Sites. AVANSU shall not be liable for any damages or injury arising out of or relating to the content of any Third Party Site or your use thereof, and same are hereby waived. AVANSU provides these links merely as a convenience and the inclusion of such links does not imply an endorsement, sponsorship or recommendation by AVANSU of anything contained on Third Party Sites, or its products or services. AVANSU reserves the right to terminate any link at any time.

Moreover, a Third Party Site may provide a link to this Site ("Links"). This does not indicate an endorsement, authorization, sponsorship, affiliation, joint venture or partnership by or with AVANSU. AVANSU may not be aware that a third party has linked to this Site. You acknowledge and agree that AVANSU shall not be liable for any damages or injury arising out of or relating to your use of this Site resulting from a Link to this Site from a Third Party Site, and same are hereby waived.

AVANSU cannot guarantee that any of the Third Party Sites or Links will be free from any computer viruses, or any other damaging computer programming routines or harmful components. Moreover, AVANSU does not make, and you hereby expressly waive, any and all representations and warranties with respect to the availability, use, accuracy, reliability, or the results of the use of, the Third Party Sites and the Links and same are hereby waived. Accordingly, AVANSU hereby disclaims all warranties, express or implied, arising by operation of law or otherwise, including, but not limited to, the warranties of merchantability, fitness for a particular purpose and warranties concerning infringement or the like, all of which are hereby waived.

Downloading

To access certain information on this Site, you may need to download such information onto your own computer. You acknowledge and agree that your right to download information from this Site is strictly limited to the Purpose and for no other purpose whatsoever. Information which is downloaded may only be displayed by you for the Purpose, provided it is not modified in any way and that all notices are maintained without change including, without limitation, copyright notices. AVANSU is not responsible for the completeness, accuracy and reliability of Technical Data downloaded onto your computer or the use of such Information. You also acknowledge and agree that any Information downloaded from this Site is done at your own discretion and risk and you are solely responsible for any loss of data or damage to your computer that may result from the download of such information.

Sole Agreement

These Terms supersede any other agreements or understandings between the parties with respect to Services. In the event of any inconsistency between these Terms and any purchase order or other document, these Terms shall prevail. Any amendment to these Terms shall be in writing and signed by a duly authorized officer of AVANSU and Customer.

Validity of Agreement; Waiver

Each provision of these Terms shall be viewed as separate. If any provision is held to be invalid by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The waiver or failure of either party to exercise any rights in these Terms shall not be deemed a waiver of any other or subsequent right.

Submissions

AVANSU welcomes customers to communicate through the AVANSU Site, either via email or using the customer communications form. Any text, messages, or other information in whatever form provide by a customer (collectively, "Submissions"), becomes the property of AVANSU and may be used at the sole discretion of AVANSU.

Site Access

The AVANSU Site is operated from the USA. We make no representation that the Site is appropriate or available outside the United States. Access from locations where the Site or Content may be illegal is prohibited.

Choice of Law; Dispute Resolution

These Terms are governed by Florida law with exclusive jurisdiction in Miami Dade County. The prevailing party in any action or arbitration is entitled to reasonable attorneys’ fees and costs. Any dispute shall be resolved by binding arbitration in Miami Dade County, Florida, under the rules of the American Arbitration Association, other than any dispute regarding a party’s intellectual property rights.