Conditions of Use

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CONDITIONS OF USE

AVIXUM TERMS OF USE

Avixum Terms Of Use

Terms of Use
The following are the terms and conditions or “Terms” that govern use of this Avixum (as defined below) website (the “Site”). By using or visiting the Site, you expressly agree to be bound by these Terms and all applicable laws and regulations governing the Site. Avixum , Inc., its subsidiaries and/or affiliates (“Avixum”) reserve the right to change these Terms at any time, effective immediately upon posting on the Site. If you violate these Terms, Avixum may terminate your use of the Site, bar you from future use of the Site, and/or take appropriate legal action against you. You agree that Avixum owns all intellectual property rights to all content and software on the Site.

If you have comments, questions or requests please write to webmaster@avixum.com.

Permitted Use
You agree that you are only authorized to visit and view pages of this Site for your own personal use, and that you shall not duplicate, publish, modify or otherwise distribute the material on this Site for any purpose other than as set forth herein. You may only use the Site as permitted by law, including applicable export and re-export laws and regulations.  The software on this Site and any content posted by Avixum on the Site is the property of Avixum and/or its suppliers and is protected by U.S. and international copyright laws. You agree that you will not remove, obscure or alter any legal notices displayed on the Site.  You agree that you will not use the Site (i) in connection with or to promote any products, services, or materials, (ii) in any manner or for any purpose that violates any law or regulation, any right of any person, including but not limited to intellectual property rights, rights of privacy, or rights of personality, or (iii) to post any information that disparages or defames any person or entity.

Links & Search Results
By using the Site to search for or link to another site, you agree and understand that you may not make any claim against Avixum for any damages or losses, whatsoever, resulting from your use of the Site to obtain search results or to link to another site.

Access & Interference
You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our Web pages or the content contained thereon, to access or capture data, or for any other unauthorized purpose without our prior express written permission of Avixum. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for your own personal, non-commercial use) from our Web site without the prior expressed written permission of Avixum.

Accounts
Certain functionality on this Site may require the use of an Avixum Account.  You or your employer (“Customer”) may create your own Avixum Account or one may be assigned to you by Avixum. Customer is solely responsible for maintaining the security of the IDs and passwords, for insuring that none are made available for any purpose to anyone other than Customer’s employees, and for insuring that employees do not share their specifically assigned IDs or passwords with anyone at all, or share a floating ID and password with anyone other than the Customer’s employees. If Customer wishes to revoke an access ID and password, which it may do at any time and must do immediately in the event of the termination of any employee using one, Customer will notify Avixum of such revocation. Avixum will invalidate the ID and password and, if requested by Customer, will provide replacements. If you suspect that someone else knows or has changed your password, please reset it so no one else can sign in to your account.

Unauthorized Use Of The Site
Illegal and/or unauthorized uses of the Site, including, but not limited to unauthorized framing of or linking to the Site, or unauthorized use of any robot, spider or other automated device on the site, will be investigated and appropriate legal action will be taken, including without limitation civil, criminal and injunctive redress. You agree that you will comply with any security processes and procedures (such as passwords) specified by Avixum with respect to access to or use of the Site. Further, you agree not to access or attempt to access any areas of or through a Site which are not intended for general public access, unless you have been provided with written authorization to do so by Avixum.

User Content
The Site may allow you to create or otherwise submit information, data, text, messages, or other materials (“User Content”). You may not place or send any User Content or information over this system that violates any law or infringes on the rights of any third party. For example, information known to fall under the requirements of the International Traffic in Arms Regulations (ITAR) or Export Administration Regulations (EAR) should not be placed on or sent over this system.     In those instances where you store information that is intended to be used only by you (or someone representing you) and/or Avixum, Avixum claims no ownership or control over any User Content submitted, posted or displayed by you on or through the Site.  You or a third party licensor, as appropriate, retain all patent, trademark and copyright rights to any User Content you submit, post or display on or through the Site and you are responsible for protecting those rights, as appropriate.   When you enter, upload or otherwise submit User Content to the Site that is intended to be available to members of the public or others you have chosen to share it with, you give Avixum a worldwide license to use, host, store, reproduce, modify, communicate and distribute such User Content as intended.    This license continues even if you stop using our Site (for example, User Content posted for a forum).  Avixum reserves the right to delete or eliminate any User Content you provide that it deems improper or inappropriate.    You represent and warrant you have the necessary rights to grant Avixum this license for all User Content submitted to the Site.

Violation Of The Terms
You understand and agree that in Avixum’s sole discretion, and without prior notice, Avixum may terminate your access to the Site, or exercise any other remedy available if Avixum believes that your use is (i) inconsistent with these Terms or (ii) has violated the rights of Avixum, another user or the law. You agree that monetary damages may not provide a sufficient remedy to Avixum for violations of these terms and conditions and you consent to injunctive or other equitable relief for such violations. Avixum may release user information about you if required by law or subpoena, or if the information is necessary or appropriate to release to address an unlawful or harmful activity.

Copyright
Unless otherwise specified, the copyrights in all copyrightable subject matter on the Site are either owned by Avixum or used lawfully by Avixum. To the extent that Avixum has the right to do so without compensation to third parties, and except for materials or information specifically provided under other terms, Avixum grants you permission to copy or otherwise download from the Site, information and materials (including related graphics), provided:

    • The materials are for internal use only, and
    • Any copies of materials or portions thereof must include the copyright notice specified on the Site.

You may not copy or display for redistribution to third parties any portion of the Site without the prior written permission of Avixum. Documents posted by Avixum on the Site may contain other proprietary notices or describe products, services, processes or technologies owned by Avixum or third parties. Nothing contained herein shall be construed by implication, estoppel or otherwise as granting to the user a license under any copyright, trademark, patent or other intellectual property right of Avixum or any third party.

Trademark
The Avixum name and logo and all related product and service names, design marks and slogans are trademarks, service marks or registered trademarks of Avixum and may not be used in any manner without the prior written consent of Avixum. Other products and service marks are trademarks of their respective owners.

Limitation Of Liability
YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS SITE AND THE INTERNET GENERALLY. IN NO EVENT SHALL Avixum BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER; INCLUDING BUT NOT LIMITED TO LOSS OF USE, DATA, OR PROFITS, WITHOUT REGARD TO THE FORM OF ANY ACTION, INCLUDING BUT NOT LIMITED TO CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTIONS, ARISING OUT OF OR IN CONNECTION WITH THE USE, OF THIS SITEAvixum MAKES NO WARRANTY AS TO THE ACCURACY, OR COMPLETENESS OR WHETHER THE CONTENT IS UP TO DATE. IT IS YOUR RESPONSIBILITY TO VERIFY ANY INFORMATION BEFORE RELYING ON IT. THE CONTENT OF THIS SITE MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. FROM TIME TO TIME, CHANGES ARE MADE TO THE CONTENT HEREIN.

Warranty Disclaimer
Avixum DOES NOT PROMISE THAT THE SITE OR ANY SERVICES PROVIDED HEREUNDER WILL BE ERROR-FREE, UNINTERRUPTED, NOR THAT IT WILL PROVIDE SPECIFIC RESULTS FROM USE OF THE SITE OR ANY CONTENT, SEARCH OR LINK ON IT. ACCESS TO THE SITE (INCLUDING ANY INFORMATION OR MATERIALS THEREIN) IS PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NONINFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE OR INFORMATION GIVEN BY Avixum, ITS AFFILIATES OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE ANY WARRANTY. NEITHER Avixum NOR ITS AFFILIATES WARRANT THAT THE INFORMATION OR MATERIALS ON, OR ACCESS TO, ANY SITE WILL BE WITHOUT INTERRUPTION OR ERROR FREE.

Disputes
If there is any dispute about or involving the Site, by using the Site, you agree that the dispute will be governed by the laws of the State of New York without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in the state and federal courts of the State of New York, Suffolk County.

Indemnity
You agree to indemnify and hold Avixum, its officers, agents and other partners and employees, harmless from any loss, liability, claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Site, including also your use of the Site to provide a link to another site or to upload content or other information to the Site.

Digital Millennium Copyright Act – Copyright Infringement
Pursuant the Digital Millennium Copyright Act, all claims of copyright infringement for material that is believed to be residing on Avixum’s system or network, should be promptly sent in the form of written communication to Avixum’s Designated Agent:

Martin Hillery, Esq.
Avixum , Inc.
50 Marcus Drive
Melville, NY 11747
Phone: (631) 847-5449
Fax: (631) 847-5458
Email: mhillery@Avixum.com
All claims must include the following information:

    • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
    • Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single on-line site are covered by a single notification, a representative list of such works at that site;
    • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
    • Information reasonably sufficient to permit the service provider to contact the Complaining Party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
    • A statement that the Complaining Party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
    • A statement that the information in the notification is accurate, and under penalty of perjury, that the Complaining Party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Linking Policy Statement
User Policy – Outbound Linking Policy Statement
Any link (including hyperlinks, buttons or referral devices of any kind) used on this or any other Avixum Web page is provided for the use and convenience of the visitor. The appearance of a link on this or any other Avixum Web page does not constitute an endorsement, recommendation or certification by Avixum, nor should the presence of a link in any way be construed as a suggestion that the site has any relationship with Avixum.

User Policy – Inbound Linking Policy Statement 
Avixum generally does not object to links to Avixum Web sites from third party sites. However, there are certain conditions that must be followed:

    • Unless we enter into a specific written agreement with you, you may not use any of Avixum’s names, logos, designs, slogans, product trademarks or service marks in or with your links, except that you may link to an Avixum site using the plain text name of that site or the plain text name of Avixum.
    • Do not present the link to Avixum’s site in any way that suggests Avixum has any relationship or affiliation with your site or endorses, sponsors or recommends the information, products or services on your site. Do not use any of Avixum’s names, logos, designs, slogans, product trademarks or service marks in any advertising, publicity, promotion, or in any other commercial manner without the prior express written permission for a particular use from Avixum.
    • Link only to the home page/first page/registration page of this site and do not incorporate any content from this site into your site (e.g., by in-lining or framing).
    • Do not use any of Avixum’s names, logos, designs, slogans, product trademark or service parks, or any other words or codes identifying Avixum’s Web sites in any “meta tag” or other information used by search engines or other information location tools to identify and select sites, without Avixum’s express written permission for a particular use.