Avaren.com's Terms of Use
Welcome to the website
(the "website") of Avaren. ("Avaren"). On this website,
Avaren may make available to you a range of information,
software, products, downloads, documents,
communications, files, text, graphics, publications,
content, tools, forums, resources, and services. PLEASE
READ THE TERMS OF USE CAREFULLY BEFORE USING THIS
WEBSITE. By accessing and using this website in any way,
including, without limitation, browsing the website,
using any information, using any content, using any
services, downloading any materials, and/or placing an
order for products or services, you agree to and are
bound by the terms of use described in this document
("Terms of Use"). IF YOU DO NOT AGREE TO ALL OF THE
TERMS AND CONDITIONS CONTAINED IN THE TERMS OF USE, DO
NOT USE THIS WEBSITE IN ANY MANNER. The Terms of Use are
entered into by and between Avaren and you. If you are
using the website on behalf of your employer, you
represent that you are authorized to accept these Terms
of Use on your employer's behalf. Avaren reserves the
right, at AVAREN's sole discretion, to change, modify,
update, add, or remove portions of the Terms of Use at
any time without notice to you. Please check these Terms
of Use for changes. Your continued use of this website
following the posting of changes to the Terms of Use
will mean you accept those changes. All materials
contained in the website are the copyrighted property of
Avaren, its subsidiaries, affiliated companies and/or
third-party licensors. All trademarks, service marks,
and trade names are proprietary to Avaren, or its
subsidiaries or affiliated companies and/or third-part
licensors. Unless otherwise specified, the materials and
services on this website are for your personal and
non-commercial use, and you may not modify, copy,
distribute, transmit, display, perform, reproduce,
publish, license, create derivative works from,
transfer, or sell any information, software, products or
services obtained from the website without the written
permission from Avaren. Avaren respects your desire for
privacy. AVAREN's Privacy Policy can be found at
http://www.AVAREN.com/privacy.htm. By using the website,
you are consenting to the processing of your data by
Avaren and consenting to the terms of our Privacy
Policy.
If any of the services on the website requires you to
open an account, you must complete the registration
process by providing us with true, current, complete and
accurate information as prompted by the applicable
registration form, and you will maintain and promptly
update such information to keep it true, current,
complete and accurate. You also will choose a password
and a user name. 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 Avaren immediately of any
unauthorized use of your account or any other breach of
security. Avaren 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 Avaren 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. You acknowledge and agree that
certain services may provide password-restricted access
to customer information such as names and certain terms
of your contracts. By using this website and registering
for such services, you consent to AVAREN's display of
such information via the services and accept all risks
of unauthorized access to such information. If you
provide any information that is false, inaccurate, out
of date, or incomplete, or Avaren has reasonable grounds
to suspect that such information is false, inaccurate,
not current, or incomplete, Avaren may suspend or
terminate your account and refuse any and all current or
future use of the services or any portion thereof. You
are responsible for all costs and charges, including
without limitation, phone charges and telecommunications
equipment, that you incur in order to use the services.
As a condition of your use of the website, you will not
use the website for any purpose that is unlawful or
prohibited by these terms, conditions, and notices. You
may not use the Services in any manner that could
damage, disable, overburden, or impair any Avaren
server, or the network(s) connected to any Avaren
server, or interfere with any other party's use and
enjoyment of the website. You may not attempt to gain
unauthorized access to services, materials, other
accounts, computer systems or networks connected to any
Avaren server or to the website, 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 website. The website may contain e-mail
services, bulletin board services, chat areas, news
groups, forums, communities, personal web pages,
calendars, photo albums and/or other message or
communication facilities designed to enable you to
communicate with others (each a "Communication Service"
and collectively "Communication Services"). 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 or the
website, you will not:
-
Use the Communication
Services or the website 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, obscene as to minors,
child pornography, racist, lewd, lascivious, filthy,
excessively violent, harassing, indecent, unlawful,
or otherwise objectionable 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 website 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,
cancel bots, 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.
-
Use, download or
otherwise copy, or provide (whether or not for a
fee) to a person or entity any directory of users of
the Communication Services or other user or usage
information or any portion thereof.
-
Use any Avaren domain
name as a pseudonymous return email address for any
communications that you transmit from another
location or through another service.
-
Transmit unsolicited
or bulk communications to any Avaren account holder
or to any AVAREN.com or affiliated email address
(regardless of whether you use the website to
transmit any such communication).
-
Disrupt the normal
flow of dialogue, cause a screen to "scroll" faster
than other users of the website are able to type, or
otherwise act in a manner that negatively affects
other users' ability to engage in real time
exchanges.
Avaren OR ANY OF ITS
EMPLOYEES DO NOT ACCEPT OR CONSIDER UNSOLICITED
IDEAS, INCLUDING IDEAS FOR NEW ADVERTISING
CAMPAIGNS, NEW PROMOTIONS, NEW PRODUCTS OR
TECHNOLOGIES, PROCESSES, MATERIALS, MARKETING PLANS
OR NEW PRODUCT NAMES. PLEASE DO NOT SEND ANY
ORIGINAL CREATIVE ARTWORK, SAMPLES, DEMOS, OR OTHER
WORKS. THE SOLE PURPOSE OF THIS POLICY IS TO AVOID
POTENTIAL MISUNDERSTANDINGS OR DISPUTES WHEN
AVAREN's PRODUCTS OR MARKETING STRATEGIES MIGHT SEEM
SIMILAR TO IDEAS SUBMITTED TO Avaren. SO, PLEASE DO
NOT SEND YOUR UNSOLICITED IDEAS TO Avaren OR ANYONE
AT Avaren. IF, DESPITE OUR REQUEST THAT YOU NOT SEND
US YOUR IDEAS AND MATERIALS, YOU STILL SEND THEM,
PLEASE UNDERSTAND THAT Avaren MAKES NO ASSURANCES
THAT YOUR IDEAS AND MATERIALS WILL BE TREATED AS
CONFIDENTIAL OR PROPRIETARY. You agree that Avaren
would be irreparably harmed by the use, by you or
others, of the website or facilities in connection
with the transmission of spam newsgroup postings or
unsolicited e-mail in violation of these Terms of
Use, and that Avaren is entitled to obtain
injunctive relief against any such transmission (in
addition to all other remedies available at law or
in equity). Avaren reserves the right to block,
filter or delete unsolicited e-mail.
You agree to
indemnify, defend and hold Avaren, and its
subsidiaries, affiliates, officers, agents,
co-branders, partners, and employees, harmless from
any claim or demand, including reasonable attorneys'
fees, made by any third party due to or arising out
of your Submissions, your use of the website,
including any use by your employees, your connection
to the website, your violation of the Terms of Use,
or your violation of any rights of another. Avaren
may run advertisements and promotions from third
parties on the website. The manner, mode and extent
of advertising by Avaren is subject to change. Your
correspondence or business dealings with, or
participation in promotions of, advertisers other
than Avaren found on or through the website,
including payment and delivery of related goods or
services, and any other terms, conditions,
warranties or representations associated with such
dealings, are solely between you and such
advertiser. Avaren is not responsible or liable for
any loss or damage of any kind incurred as the
result of any such dealings or as the result of the
presence of such non-Avaren advertisers on the
website.
COPYRIGHT NOTICE:
Copyright © 2002 AVAREN INC, P.O. Box 121405
Arlington, TX 76012 USA. All Rights Reserved. Use,
duplication, or disclosure by the United States
Government is subject to the restrictions set forth
in DFARS 252.227-7013(c)(1)(ii) and FAR 52.227-19.
The names of actual companies and products mentioned
herein and/or third party trademarks, trade names
and logos contained herein may be the trademarks of
their respective owners. The example companies,
organizations, products, domain names, email
addresses, logos, people and events depicted herein
are fictitious. No association with any real
company, organization, product, domain name, e-mail
address, logo, person, or event is intended or
should be inferred. Any rights not expressly granted
herein are reserved.
The Terms of Use
constitute the entire agreement between you and
Avaren and govern your use of the website,
superseding any prior agreements between you and
Avaren on the subject matter (including, but not
limited to, any prior versions of the Terms of Use).
Notwithstanding the prior provision, to the extent,
and only to the extent, that any terms set forth in
this Terms of Use expressly contradicts any terms of
a prior written agreement between you and Avaren in
effect as of the date of your use of the website and
specifically regarding your use of the website
("Executed Agreement"), such contradictory terms set
forth in the Executed Agreement shall govern. You
also may be subject to additional terms and
conditions that may apply when you use other Avaren
services, third-party content or third-party
software. You must not assign or otherwise transfer
the Terms of Use nor any right granted hereunder.
Texas law and
controlling U.S. federal law govern any action
related to the Terms of Use, without regard to the
principles of choice of law. The parties
specifically disclaim the U.N. Convention on
Contracts for the International Sale of Goods.
Avaren controls and operates this website from its
headquarters in the United States of America and
makes no representation that this website is
appropriate or available for use in other locations.
If you use this website from other locations, you
are responsible for compliance with applicable local
laws including but not limited to the export and
import regulations of other countries.
You acknowledge and
agree that material on this website is subject to
the U.S. Export Administration Laws and Regulations.
Diversion of such material contrary to U.S. law is
prohibited. You agree that none of the material on
this website, nor any direct product there from, is
being or will be acquired for, shipped, transferred,
or re-exported, directly or indirectly, to
proscribed or embargoed countries or their
nationals, nor be used for nuclear activities,
chemical biological weapons, or missile projects
unless authorized by the U.S. Government. Proscribed
countries are set forth in the U.S. Export
Administration Regulations. Countries subject to
U.S. embargo are: Afghanistan, Cuba, Iran, Iraq,
Libya, North Korea, Syria, Serbia and Sudan. This
list is subject to change without further notice
from Avaren, and you must comply with the list as it
exists in fact. You certify that you are not on the
U.S. Department of Commerce's Denied Persons List or
affiliated lists or on the U.S. Department of
Treasury's Specially Designated Nationals List. You
agree to comply strictly with all U.S. export laws
and assume sole responsibility for obtaining
licenses to export or re-export as may be required.
The failure of Avaren to exercise or enforce any
right or provision of the Terms of Use does not
constitute a waiver of such right or provision. If a
court of competent jurisdiction finds any provision
of the Terms of Use to be invalid, the parties
nevertheless agree that the court should endeavor to
give effect to the parties' intentions as reflected
in the provision, and the other provisions of the
Terms of Use remain in full force and effect.
Regardless of any statute or law to the contrary,
any claim or cause of action arising out of or
related to use of the website or the Terms of Use
must be filed within one (1) year after such claim
or cause of action arose or be forever barred. The
section titles in the Terms of Use are for
convenience only and have no legal or contractual
effect. |
