Terms of Use & Privacy Policy

WEBSITE TERMS OF USE AND PRIVACY POLICY

Last Updated: March 24, 2013

Welcome to the Applied Video Imaging, LLC website, located at www.appliedvi.com (this “Site”). This Site is owned by Applied Video Imaging, LLC, a Virginia limited liability company (“AVI”). Please carefully read these Terms of Use and the Privacy Policy, which is an integral part of these Terms of Use, before using this website. Your use of this Site confirms and constitutes your unconditional acceptance of the following terms and conditions without modification by you. If you do not accept these Terms of Use, do not use this website.

TERMS OF USE

1) Acceptance. The use of this Site is governed by these Terms of Use between each visitor to this Site (“you” (in its various grammatical forms, such as “your”)) and AVI. Your use of this Site constitutes your acceptance of these Terms of Use. The terms “we” “us” or “our” as used in these Terms of Use refer to AVI and any of its affiliates. THESE TERMS OF USE CONTAIN IMPORTANT PROVISIONS CONCERNING YOUR LEGAL RIGHTS AND OBLIGATIONS, INCLUDING DISCLAIMERS OF WARRANTIES (SECTION 7)), LIMITATION OF LIABILITY (SECTION 8)), AND INDEMNIFICATION (SECTION 9)).

2) Modification. From time to time, we may, without notice, update and make additions, deletions, or other modifications to these Terms of Use. We encourage you to review these Terms of Use each time you visit this Site so that you always will know of any material changes. You agree to be bound by all of the provisions of these Terms of Use that are displayed on this Site on the date that you use this Site even if such provisions have been modified, altered, or deleted since you last used this Site. Your use of this Site indicates your acceptance of all of the terms and conditions of these Terms of Use that are displayed on this Site on the date of such use. Notwithstanding the foregoing, no modification by us of these Terms of Use will apply retroactively.

3) Disclaimer. The information provided on this Site is for informational purposes only, it may not, from time to time, be current and up-to-date, and is not meant to be a substitute for information or advice provided by an authorized representative of AVI, an engineer or other qualified professional. You should not rely upon any statement or information on this Site without first discussing your situation with an authorized representative of AVI. AVI expressly disclaims all liability for any and all acts and omissions taken by you in reliance upon any information or materials provided on this Site.

Your use of this Site does not create a professional relationship between you and AVI or any representative employed by or affiliated with AVI. A customer relationship with AVI will only be established by a written agreement between you and AVI. If you submit information to us using the contact information provided on this Site, AVI is under no obligation to respond to your inquiry or to provide you with any goods or services relating to such inquiry, and your submission of such inquiry does not establish a customer relationship between you and AVI. You agree that any information submitted by you to AVI is subject to the Privacy Policy, which is incorporated into these Terms of Use.

4) Links to Third Party Websites. We may provide links on this Site to other websites that are not under our control (“Third Party Sites”). In general, any website that has an address (or URL) not containing our domain name (appliedvi.com) is a Third Party Site. These links are provided for convenience or reference only and do not indicate (a) any affiliation between the AVI and a Third Party Site; or (b) AVI’s approval, sponsorship or endorsement of (i) a Third Party Site or the organization or individual operating such Third Party Site; and/or (ii) any of the information or content contained on such Third Party Site, including products or services that may be sold or advertised on a Third Party Site. We accept no responsibility for, and we expressly disclaim, any warranties or liability relating to, the accuracy, relevancy, copyright compliance, legality, or decency of materials displayed on or contained in any Third Party Site. Your access and use of any Third Party Site is at your own risk. You acknowledge that these Terms of Use contain no representation, warranty, or endorsement by us of any Third Party Site or any of the products, services, information, or other content available on any Third Party Site. Your use of any Third Party Site will be governed by the terms and conditions posted at such Third Party Site, including any privacy policy posted on such Third-Party Site. Your rights and obligations with respect to any of the products, services, information, or other content available at any Third Party Site will be determined by the terms and conditions, if any, posted at such Third Party Site. We encourage you to review the terms and conditions and any privacy statements posted on a Third Party Site, or to contact the operator of a Third Party Site prior to using or providing any information on such Third Party Site.

5) Ownership; Use of Site. This Site and all information and content contained on this Site are the sole and exclusive property of AVI, or are utilized and provided by AVI with the permission of the owner(s) thereof. You may only use this Site only for your own personal, lawful, non-commercial purposes. You agree not to use this Site for any unlawful purposes or in connection with any illegal activity.

6) Use of Content. All intellectual property associated with, or incorporated within, this Site and the content available on this Site, including without limitation, all articles, white papers, plans, drawings and other documents (each, a “Work”), together with all intellectual property rights associated therewith (including the worldwide copyrights therein and all patent, trademark and trade secret rights and protections arising under applicable laws), and all proprietary rights therein are owned by AVI or the third party owners thereof. These Terms of Use do not grant to you, and you shall not acquire, any right, title, or interest in and to this Site, any Work, any content available on this Site, or any intellectual property or proprietary rights associated with any of the foregoing, except for the following limited license: We grant you a personal, limited, revocable, non-exclusive, non-transferable, non-sublicenseable license to access and make personal use of this Site. This limited license includes the right to download and/or print one (1) copy of each Work that is available on this Site, subject to the following terms and conditions: (a) you may not make any commercial use of any Work or distribute or disseminate any Work in any manner; (b) all copyright, trademark or other proprietary notices that appear on a Work must appear on all copies of such Work that you make, and may not be removed by you or altered in any manner; and (c) you may not use any Work in any manner that suggests an association between AVI and any other person, entity or organization.

7) Disclaimer of Warranties. You expressly understand and agree as follows:

  1. Your use of this Site is at your risk. This Site and all content and information available on this Site are provided “AS IS,” “WITH ALL FAULTS” and “AS AVAILABLE,” without any warranties or conditions whatsoever, to the fullest extent permissible under applicable law.
  2. We expressly disclaim all warranties, express or implied, relating to this Site and all content and information available on this Site (including all Works) to the fullest extent permissible under applicable law, including without limitation, the implied warranties of merchantability and fitness for a particular purpose.
  3. We do not warrant or guarantee that: (i) access to and use of this Site, (and/or any software, server, computer, hardware, or network relating to the operation, or hosting of this Site) will be uninterrupted, free of viruses, errors, harmful components, or otherwise reliable; or (ii) any defects or errors with the Site or any information on this Site will be corrected promptly or at all. We expressly disclaim any responsibility or liability for the operability, reliability, and performance of this Site.
  4. While we will make reasonable efforts to provide accurate and timely information and content on this Site, you should not assume that any content or information provided (including any Work) is always up-to-date, accurate or complete, or that this Site contains all of the relevant information available. We make no representations, warranties or assurances as to the accuracy, currency, or completeness of this Site, or of any Work or other content or information on this Site, and we disclaim any and all responsibility or liability related thereto. Your use of, and reliance upon, any Work and any other content and information on this Site is at your sole risk.

8) Limitation of Liability. In no event shall AVI, or any of its engineers, scientists, officers, managers, employees, consultants, contractors, agents or affiliates (collectively, “AVI parties”) be liable to you for any injury, loss, or damage of any kind whatsoever arising out of, or relating to, directly or indirectly your access, or use of this Site or any Work or other content or information on this Site. The foregoing exclusion applies without limitation to all liability for lost profits and any special, incidental, indirect, consequential, punitive or reliance damages, regardless of whether such liability is based on breach of contract, tort, negligence, strict liability, breach of warranties, failure of essential purpose or otherwise and even if AVI was advised of the possibility of such damages.

If you do not agree with these Terms of Use or if you seek to assert any claim against AVI or any AVI party arising out of, or relating to, these Terms of Use, and/or your access and/or use of this Site or any Work or other information or content on this Site, your sole and exclusive remedy is to discontinue using this Site.

9) Indemnification. You agree to indemnify, defend and hold harmless AVI, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Site, any content submitted by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. AVI reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with AVI in asserting any available defenses.

10) Children Under Age 13. We are committed to protecting the privacy of children under the age of thirteen (13) years (“Children”). Access and use of the Site by Children are prohibited by these Terms of Use. The Site is not designed for or marketed to Children, and AVI does not knowingly collect Personally Identifiable Information (as defined in the Privacy Policy) from Children.

11) General Provisions.

  1. We reserve all rights relating to this Site and the content and information on this Site (including all Works) not expressly granted to you by these Terms of Use.
  2. If any provision of these Terms of Use is determined to be invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and will not affect the validity or enforceability of any of the remaining provisions of these Terms of Use.
  3. No waiver by us, and no failure by us to exercise any of our rights or remedies hereunder, will be deemed to constitute a waiver of such provision, right, or remedy in the future, or of any other provision, right, or remedy hereunder, unless such waiver is set forth in a written instrument signed by an authorized officer of AVI.
  4. These Terms of Use will be governed by and construed in accordance with the laws of the Commonwealth of Virginia, without regard to the conflict of laws principles of any jurisdiction. You hereby irrevocably consent to the exclusive jurisdiction and venue of any state or federal court located in Albemarle County, Virginia or the City of Charlottesville, Virginia with respect to all disputes arising out of or relating to these Terms of Use and/or your use of this Site and/or any Work or other content and information on this Site.

PRIVACY POLICY

1) Modification. From time to time, we may, without notice, update and make additions, deletions, or other modifications to this Privacy Policy. We encourage you to review this Privacy Policy each time you visit this Site so that you always will know of any material changes. You agree to be bound by all of the provisions of this Privacy Policy that are displayed on this Site on the date that you use this Site even if such provisions have been modified, altered, or deleted since you last used this Site. Your use of this Site indicates your acceptance of all of the terms and conditions of this Privacy Policy that are displayed on this Site on the date of such use. Notwithstanding the foregoing, no modification by us of this Privacy Policy will apply retroactively.

2) Definitions. As used in this Privacy Policy:

  1. “Personally Identifiable Information” means individually identifiable information that we may collect about you (such as your name, address, e-mail address, telephone number, and other identifiers that permit us to contact you), including other information about you that we collect online from you and maintain in personally identifiable form in combination with other personally identifiable information.
  2. ”Non-Personal Information” means information or content other than Personally Identifiable Information that you submit to us or that we collect from or about you through this Site.

3) Types of Information Collected.

  1. Information Submitted by You. You may browse this Site without disclosing any Personally Identifiable Information. We only collect Personally Identifiable Information when, and to the extent, required to facilitate your use of certain features of this Site.
  2. Currently, we collect Personally Identifiable Information at this Site when you use the “Contact” feature of this Site. When using this feature, you may be asked to enter your name, e-mail address, mailing address, shipping address, company, product, product serial number and/or telephone number. You may also be asked to provide a brief description for your inquiry. WE STRONGLY CAUTION YOU TO ONLY PROVIDE A BRIEF DESCRIPTION OF THE REASON FOR YOUR INQUIRY AND NOT TO DISCLOSE SENSITIVE OR CONFIDENTIAL INFORMATION USING THIS FEATURE.

  3. Visitor Information. We may automatically collect information about you when you use this Site, such as the pages and materials you access, the amount of data transferred, the links you click, the amount of time you spend viewing each page, and other information about your interactions with this Site, as well as certain standard information that your browser sends to every website that you visit, including your Internet Protocol (IP) address, operating environment (such as browser type and version, browser plugins installed, operating system version, regional and language settings, screen size and/or resolution, windows size, and page size), access dates and times, and referring websites. This Site may use cookies, flash cookies, web beacons, and other technologies for a variety of purposes, such as saving and retrieving information about you, your visit, and assisting in displaying relevant promotions and advertising to you. AVI may use such technologies to share Non-Personal Information with third parties or to retrieve Non-Personal Information from third parties.

4) Use of Information.

  1. Non-Personal Information. We may use Non-Personal Information for any purposes whatsoever (including without limitation, advertising, marketing, enhancing, designing, or developing products and/or services, and research), and AVI may share Non-Personal Information with others, including partners, affiliates, and providers of AVI.
  2. Personally Identifiable Information. We will only store and use your Personally Identifiable Information as is reasonably necessary in connection with your use of this Site, including: (a) to contact you in connection with your use of this Site, including to respond to your inquiries when you use the “Contact” feature of this Site; (b) for authentication and identification purposes; (c) to ensure your compliance with the Terms of Use and/or to investigate any potential breach of the Terms of Use; and (d) to protect our networks, data, software or business interests.

    We are committed to protecting your privacy and we will not sell or lease your Personally Identifiable Information to any third party. However, in addition to using and disclosing your Personally Identifiable Information in the manner described above and elsewhere in this Privacy Policy, we may disclose your Personally Identifiable Information:

    1. to any person, entity or organization which you consent for us to disclose your Personally Identifiable Information to;
    2. to our business partners and agents who provide hosting services, and website and technical support providers, as is necessary or required in connection with the operation, maintenance and support of this Site;
    3. to comply with any legal requirements, subpoena, discovery requests, or court orders, to defend any legal or administrative proceedings, or as we believe in good faith is necessary to comply with any laws or legal requirements;
    4. as we believe is necessary or appropriate in an emergency situation, including without limitation, to prevent criminal activity, personal injury or property damage;
    5. to the police, financial institutions or other appropriate authorities in connection with any investigation of suspected criminal or fraudulent activity by any person or entity; and
    6. to protect or defend our rights or property (including enforcement of our rights under the Terms of Use).

5. Security. While we will use commercially reasonable security measures in connection with the operation of this Site and the storage of your Personally Identifiable Information, we cannot guarantee that your Personally Identifiable Information will not be disclosed to third parties. For example, third parties may breach or circumvent our security measures to unlawfully access or intercept transmissions containing your Personally Identifiable Information, or an error or may occur in the administration of this Site.

6. Third Party Sites. This Site may contain links to other websites that are operated by third parties. Once you have clicked on a link or button activator connecting you to such third-party website, you will leave this Site and be taken to a website that we do not control. THIS PRIVACY POLICY DOES NOT APPLY TO ANY PERSONALLY IDENTIFIABLE INFORMATION COLLECTED ON A THIRD PARTY SITE. We suggest you read the privacy policy of the Third Party Site before providing any Personally Identifiable Information on such Third Party Site. We are not responsible for any use by any person or entity of any information that you may provide while accessing or using any Third Party Site.

7. Access to and Change of Personally Identifiable Information. You may contact us at any time to: (a) request the removal of the Personally Identifiable Information you provided to us from our databases; and (b) update your Personally Identifiable Information.

8. Contacting Us. You may contact us using the information below:

Call us at:

  • (434) 974-6310
  • (M-F 9:00 a.m. – 5:00 p.m. EST)

Write to us at:

  • Applied Video Imaging, LLC
  • 355 Rio Road West
  • Suite 101
  • Charlottesville, VA 22901

Email us at info@appliedvi.com