AVANTI SOFTWARE INC.
LAST UPDATED: 2019-05-04
3. Website Availability
The Website may be available through certain mobile devices. You acknowledge and agree that we are not responsible for ensuring that your mobile device’s software is compatible for you to access the Website through your mobile device.
We cannot guarantee that the Website will be available 100% of the time. Although we strive to provide the most reliable Website possible, interruptions and delays in accessing the Website are unavoidable and we disclaim any liability for damages resulting from such problems.
4. Restrictions on Use of Website
You will use the Website or links to other websites from the Website (the “Linked Sites”) in accordance with all applicable laws. You will not: (i) attempt to gain unauthorized access to the Website, or computer systems or networks connected to the Website, through hacking, password or data mining, or any other means to circumvent security procedure; (ii) use the Website in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Website; (iii) use any device, software or routine to interfere or attempt to interfere with the proper working of the Website; (iv) use the Website to execute denial of service attacks or data scraping activity; or (v) use the Website to generate unsolicited email advertisements or spam.
Under no circumstances will you use the Website or Linked Sites in any manner that may infringe any proprietary or intellectual property rights or interests that we may have in the Website or Services. Without limiting the generality of the foregoing, you represent and warrant to us that you will not use the Website or any material retrieved from the Website to create products or perform services which compete or interfere with the products and services of the Company.
5. Disclaimer of all Representations, Warranties and Conditions
WE, OUR AFFILIATES, SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES, ADVISORS AND AGENTS, MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EITHER EXPRESS OR IMPLIED, REGARDING THE WEBSITE OR THE SERVICES. WITHOUT LIMITATION, WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED, THAT ACCESS TO THE WEBSITE WILL BE WITHOUT DELAY OR FAILURE, OR THAT THE DATA PROVIDED ON THE WEBSITE WILL BE ACCURATE AND COMPLETE. FOR CERTAINTY, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY AND ALL REPRESENTATIONS AND WARRANTIES OF ANY TYPE WHATSOEVER, EXPRESS OR IMPLIED, ARE EXPRESSLY DISCLAIMED. ANY INFORMATION OR MATERIAL ACCESSED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE BY ANY MEANS OF ACCESS WHATSOEVER IS AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE CAUSED TO YOU THEREBY, INCLUDING WITHOUT LIMITATION, DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, FAILURE TO TRANSMIT DATA OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING, USING OR RELYING ON ANY SUCH MATERIAL.
THE COMPANY DOES NOT WARRANT THAT THE WEBSITE IS FREE OF HARMFUL COMPONENTS.THE COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, PROVIDE ANY CONDITIONS OR REPRESENTATIONS, OR ASSUME ANY RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY LINKED SITES AND THE COMPANY WILL NOT BE A PARTY TO ANY TRANSACTION THAT YOU MAY ENTER INTO WITH ANY SUCH THIRD PARTY.
6. Limitation of Liability and Indemnification
YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. THE COMPANY IS NOT LIABLE UNDER CONTRACT LAW, TORT LAW, OR OTHERWISE, FOR ANY DAMAGES OF ANY KIND ARISING FROM YOUR USE OF THIS WEBSITE OR ANY INFORMATION CONTAINED HEREIN. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IN NO EVENT WILL THE COMPANY BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA OR PROFIT, OR ANY OTHER PECUNIARY LOSS, ARISING OUT OF THE USE, OR INABILITY TO USE, THE WEBSITE). THESE LIMITATIONS WILL APPLY EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
We may, under certain circumstances and without prior notice, immediately terminate your ability to access the Website or portions thereof. You acknowledge and agree that all terminations may be made by us in our sole discretion and that we will not be liable to you or any third party for any termination of your access to the Website.
8. Copyright and Trademark Information