Terms

Read This Terms of Use Agreement Before Accessing aveceric.com. Effective Date: This Terms of Use Agreement was last updated on June 2, 2008. This Terms of Use Agreement sets forth the standards of use of AVEC ERIC LLC’s website. By using the aveceric.com website you (the “Member”) agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at aveceric.com website. Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended. 1. Disclaimer of Warranties. The site is provided by AVEC ERIC LLC on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, AVEC ERIC LLC makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. AVEC ERIC LLC shall have no liability for any interruptions in the use of this Website. AVEC ERIC LLC disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion is inapplicable. 2. Limitation of LiabilityAVEC ERIC LLC SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR AVEC ERIC LLC SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEB SITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF AVEC ERIC LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE. 3. IndemnificationMember agrees to indemnify and hold AVEC ERIC LLC, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of Member’s use of the Service, the violation of this Agreement, or infringement by Member, or other user of the Service using Member’s computer, of any intellectual property or any other right of any person or entity. 4. Comments and Other Content Members may post comments, and other content; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. AVEC ERIC LLC reserves the right to remove or edit any content. If you do post content or submit material, including emails sent to official email addresses of AVEC ERIC LLC, its parents, subsidiaries, affiliates, officers and employees, and unless we indicate otherwise, you grant AVEC ERIC LLC and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant AVEC ERIC LLC and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify AVEC ERIC LLC or its affiliates for all claims resulting from content you supply. AVEC ERIC LLC has the right but not the obligation to monitor and edit or remove any activity or content. AVEC ERIC LLC takes no responsibility and assumes no liability for any content posted by you or any third party. 5. Modifications and Interruption to ServiceAVEC ERIC LLC reserves the right to modify or discontinue the Service with or without notice to the Member. AVEC ERIC LLC shall not be liable to Member or any third party should AVEC ERIC LLC exercise its right to modify or discontinue the Service. Member acknowledges and accepts that AVEC ERIC LLC does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control. 6. Third-Party Sites Our website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage all Members to review said privacy policies of third-parties’ sites. 7. Governing Jurisdiction of the Courts New York Our website is operated and provided in the State of New York. As such, we are subject to the laws of the State New York, and such laws will govern this Terms of Use, without giving effect to any choice of law rules. We make no representation that our website or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State New York. 8. Compliance with Laws. Member assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation. 9. Copyright and Trademark InformationAll content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is ©2008 aveceric.com, with all rights reserved, or is the property of AVEC ERIC LLC and/or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of AVEC ERIC LLC is strictly prohibited. Members agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of AVEC ERIC LLC.AVEC ERIC™ and aveceric.com™ are proprietary marks of AVEC ERIC LLC. AVEC ERIC LLC’s trademarks may not be used in connection with any product or service that is not provided by AVEC ERIC LLC, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits AVEC ERIC LLC. 10. Notification of Claimed Copyright InfringementPursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, aveceric.com designates the following individual as its agent for receipt of notifications of claimed copyright infringement. By Mail AVEC ERIC LLC 536 Broadway, 11th Floor New York, NY 10012By Telephone: 917 595 2200 By Email: support@aveceric.com 11. Botnets AVEC ERIC LLC retains the right, at our sole discretion, to terminate any accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, AVEC ERIC LLC reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion. 12. Other TermsIf any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by AVEC ERIC LLC, in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Member. Member agrees that by accepting this Terms of Use Agreement, Member is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy