Last Updated: March 24, 2013
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.
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.
7) Disclaimer of Warranties. You expressly understand and agree as follows:
- 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.
- 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.
- 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.
- 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.
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.
11) General Provisions.
- 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.
- “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.
- ”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.
- 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.
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.
4) Use of Information.
- 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.
- to any person, entity or organization which you consent for us to disclose your Personally Identifiable Information to;
- 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;
- 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;
- as we believe is necessary or appropriate in an emergency situation, including without limitation, to prevent criminal activity, personal injury or property damage;
- 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
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.
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 firstname.lastname@example.org