Terms of Use

Acceptance of Terms of Use

By using, visiting, or browsing the AVA Website ("Website") you accept, without limitation or qualification, these Terms of Use and agree, without limitation, to the terms of AVA Privacy Policy. If you do not agree to these Terms of Use and Privacy Policy, please do not use the services or visit the Website. Acceptance of these Terms of Use constitutes a legal agreement between you and AVA and its affiliates(s).

Changes to Terms of Use

AVA may at any time revise these Terms of Use. You are bound by any such revisions and should therefore periodically visit this page to determine the then current terms of use and conditions to which you are bound. Your use of the Website after changes are made means that you agree to be bound by the AVA Terms of Use and Privacy Policy as they exist at that time.

Limitations of Use

You must be 18 years of age or older to access the Website or use its services.  By accessing the Website, you agree not to upload, post, email or otherwise send or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Website.  You also agree not to interfere with the servers or networks connected to the Website or to violate any of the procedures, policies or regulations of networks connected to the Website, the terms of which are incorporated herein.  You also agree not to impersonate any other person while using the Website, conduct yourself in an inappropriate, offensive, indecent, or vulgar manner while using any services or Website, or use the Website for any unlawful purpose.  AVA reserves the right to terminate your access to the Website or any of its services if it determines that you do not comply with these terms and conditions; provide false, inaccurate, or incomplete information during the registration process; engage in any conduct that would otherwise harm any of AVA' rights or interests in its Website, services, or other property; or for any or no reason whatsoever without prior notice to you.

Links

Some of the hyperlinks on the Website may lead to third-party Websites. These Websites are not controlled by, or affiliated with, AVA. In addition, other Websites may link to the AVA Website. AVA is not responsible for the content or privacy policies of these third-party Websites.

Intellectual Property

The elements of the Website, including, but not limited to, text, graphics, logos, depictions, designs, photographs, images, digital downloads, data compilations, sound, video, and software are protected by United States and international copyright, trademark, and trade dress laws and are the property of AVA or its affiliates. The compilation of the content on the Website is the exclusive property of AVA. AVA copyrights, trademarks, and trade dress may not be used in connection with any product or service that is not AVA and should not be reproduced, distributed, modified, republished, used, displayed, or transmitted without the express written permission of AVA.  AVA prohibits use of any AVA intellectual property as a "hot" link to any non-AVA Website, unless establishment of such link is approved in advance by AVA in writing.

Disclaimer of Warranties and Limitation of Liability

THE MATERIALS CONTAINED ON THE WEBSITE ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED.  AVA ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE WEBSITE; ANY FAILURES, DELAYS, OR INTERRUPTIONS IN THE DELIVERY OF ANY CONTENT CONTAINED ON THE WEBSITE; ANY LOSSES OR DAMAGES ARISING FROM THE USE OF THE CONTENT PROVIDED ON THE WEBSITE; OR ANY CONDUCT BY USERS OF THE WEBSITE.  TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, AVA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER VIOLATIONS OF RIGHTS.

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL AVA, ITS OFFICERS, DIRECTORS, OFFICERS, OR EMPLOYEES BE LIABLE (JOINTLY OR SEVERALLY) FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, DATA, OR PROFIT, ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR THE INABILITY TO USE THE MATERIALS ON THE WEBSITE, EVEN IF AVA OR A AVA REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.  IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

Use of Information Submitted to the Website

AVA is free to use any comments, information, ideas, concepts, reviews, or techniques contained in any communication you may send to the Website without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Website or other Website.  Furthermore, by posting any information on this Website, you grant us a nonexclusive, royalty-free, worldwide, perpetual license to display, use, reproduce or modify that information.  Any information submitted on the Website is subject to the AVA Privacy Policy , the terms of which are incorporated herein.

Indemnity

You agree to defend, indemnify, and hold harmless AVA, its officers, directors, employees, and agents, from and against any claims, actions, or demands, including, but not limited to, reasonable legal and accounting fees, alleging or resulting from your use of the Website or your breach of these Terms of Use.  AVA shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding.

Choice of Law

You agree that any issue or dispute arising out of or in connection with your use of the AVA Website, intellectual property, the Terms of Use, the Privacy Policy, or any matter concerning AVA shall be governed by the laws of the United States and the State of Utah. If any provision of the Terms of Use or Privacy Policy is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms of Use or Privacy Policy, which shall remain in full force and effect.

By using the Website, you agree to comply with all applicable laws and regulations, including export and re-export control laws and regulations of the United States.  The material provided on the Website is protected by law including, but not limited to, United States copyright and trademark law and international treaties.  AVA makes no representation that materials contained in the Website are appropriate or available for use in other locations and access to them from territories where their contents are illegal is prohibited.  Those who choose to access the Website from other locations outside the United States do so at their own initiative and are responsible for compliance with applicable local laws.