These Terms of Service (also referred to as “terms of use”) (the “Terms”) govern your access to and use of the AV Pros website, located at http://avsolutionpros.com (the “Site”) offered by AV Pros (“AV Pros,” “AV Solution Pros,” “we,” “us,” or “our”) to you, the user of the Site (“you” or “your”). These Terms set forth the legally binding terms and conditions for your use of the Site. By using or accessing the Site in any manner, including, but not limited to, visiting or browsing the Site, you acknowledge that you have read, understand, and agree to be bound by the Terms, including AV Pros’ privacy policy located at http://avsolutionpros.com/privacy (the “Privacy Policy”). If you do not agree to all of the terms and conditions of the Terms, or you do not have such authority, or you do not meet the eligibility requirements, you should cease any and all access or use of the Site.
Access to the Site and the Services
Subject to your compliance with the Terms, AV Pros hereby grants to you a non-exclusive, non-transferable, revocable, limited license to access and use, over the Internet, the Site, provided that: (i) your use of the Site as permitted is solely for your personal use and not on behalf of any third party, and you will not resell or charge others for use of or access to the Site, (ii) you will not duplicate, reproduce, transfer, give access to, copy, or distribute any part of the Site in any medium without our prior written consent, (iii) you will not attempt to reverse compile, reverse engineer, alter, make derivative works of, disassemble, or modify any part of the Site; (iv) You will not access any part of the Site in order to build a similar or competitive service, and (v) you will otherwise comply with the terms and conditions of these Terms and the Privacy Policy.
Registration
In order to access or use certain services through the Site you must register an account and choose a username and password. By creating and registering an account, you represent and warrant that all registration information provided by you is truthful, accurate, current, and complete, and you agree to immediately provide corrected information if any of the submitted information is no longer truthful, accurate, current, and complete. You acknowledge and agree that you are solely responsible for safeguarding the confidentiality of your password and you are solely responsible, and will be held accountable, for any and all activities that are generated through your user account, whether or not authorized by you. If you suspect any unauthorized use of or access to your user account, please contact AV Pros immediately via the Contact page.
Communications
We may use the email address provided by you to contact you regarding matters concerning your use your account and to send you notifications related to certain activities taking place on your account. You agree to our use of your email address to contact you for any services related to your account. If you do not wish to receive any communication from us, write to us via the Contact page.
Use of the Site and Services
As a condition of your access and use of the Site, you agree that you shall not and are prohibited from engaging in conduct which violates any applicable laws, rules or regulations or which AV Pros, in its sole and absolute discretion, deems to be inappropriate. Examples of such prohibited conduct include, without limitation, the following:
- Copying, reproducing, modifying (including, without limitation, altering, obscuring, deleting, etc. any copyright or other legally required notices, credits, logos, trademarks, etc.), creating derivative works from, or distributing in any manner or medium any content posted on the Site in any manner that is in violation of the Terms or any applicable laws, rules or regulations;
- Engaging in any action or inaction that could disable, overload, impair the infrastructure or proper functioning of the Site, including, without limitation, transmitting any software or materials which contain a virus or other harmful or disruptive component; circumventing, altering or interfering with any computer software, or security-related features of the Site; or deciphering, decompiling, disassembling, or reverse engineering any of the software comprising or in any way utilized in connection with the Site;
- Accessing or attempting to access the Site using automated means (such as harvesting bots, robots, spiders, or scrapers) or gaining, or attempting to gain, unauthorized access to any servers, computer systems, or databases utilized in connection with the Site;
- Engaging in any conduct that in AV Pros’ sole discretion restricts or inhibits any other user from enjoying the use of the Site.
Ownership of Proprietary Property
AV Pros retains all right, title, and interest in and to all intellectual property rights in (i) the Site including, without limitation, text, scripts, graphics, interactive features and the like, and (ii) the trademarks, service marks, and logos contained therein owned by or licensed to us. Any and all comments, suggestions, ideas, notes, drawings, concepts, problems, or other information with respect to the Site disclosed or offered by you to us (collectively, “Feedback”) is hereby unconditionally and irrevocably assigned by you to us, including any and all worldwide intellectual property rights relating thereto. We shall be entitled to unrestricted use of the Feedback for any and all purposes whatsoever, commercial or otherwise, without any payment or other obligation to you or any other person involved with the creation of the Feedback. AV Pros reserves all rights not expressly granted in and to the Site and no implied license is granted by AV Pros. You agree not to engage in the use, copying, or distribution of any of the Site other than expressly permitted herein, including any use, copying, or distribution of content of third parties obtained through the Site for any commercial purposes.
Third Party Sites
The Site may contain links to independent third-party websites and/or services (collectively, “Third Party Sites”). Third Party Sites are not under AV Pros’ control, and AV Pros does not endorse, is not responsible for and shall have no liability to you with respect to the business practices, privacy policies, or content including, without limitation, any and all materials, information, merchandise, products, or services displayed, featured, mentioned, advertised, distributed, or sold on or through such Third Party Sites. If you access any Third Party Site, you acknowledge and agree that you do so at your own risk and that it is your responsibility to read and understand the privacy, membership, payment, and other policies of the Third Party Sites and to determine on your own whether or not you will have any interaction with any of the Third Party Sites.
Termination and Cancellation
You may cancel your account at any time by providing notice to us via the Contact page. Upon cancellation of your account, all information that you have submitted to us in connection with your account will be removed from the Site. We reserve the right, in our sole discretion, without any obligation and without any notice requirement, to change, improve or correct the information, materials, and descriptions on the Site and to suspend and/or deny access to the Site for any reason. We further reserve the right, in our sole discretion, to block or otherwise discontinue your access and use of the Site at any time and for any reason, including your breach of the Terms or the Privacy Policy, or for violating any law. You agree that AV Pros and its subsidiaries and affiliates will not be liable to you or to any third party for any such modification, suspension, or discontinuance.
Disclaimer
THE SITE, AND ALL OF THE CONTENT AND OTHER MATERIALS POSTED ON OR PROVIDED BY OR THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF TITLE, ACCURACY, COMPLETENESS, NONINFRINGEMENT, SATISFACTORY PURPOSE, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. BY USING THE SITE, YOU AGREE TO USE YOUR OWN JUDGMENT, CAUTION, AND COMMON SENSE IN MANAGING ALL CONTENT, INFORMATION, AND MATERIALS OFFERED, AND YOU AGREE THAT ANY USE YOU MAKE OF SUCH CONTENT, INFORMATION, OR MATERIALS IS AT YOUR OWN RISK.
AV PROS MAKES NO WARRANTIES (EXPRESS OR IMPLIED), AND IS NOT RESPONSIBLE, FOR ANY THIRD-PARTY CONTENT OR LINKS POSTED ON, THROUGH, OR IN CONNECTION WITH THE SITE, INCLUDING, WITHOUT LIMITATION, ANY CONTENT THAT IS UNAUTHORIZED OR VIOLATES THE TERMS, AND SUCH CONTENT DOES NOT NECESSARILY REFLECT THE OPINIONS OR POLICIES OF AV Pros. UNDER NO CIRCUMSTANCES SHALL AV Pros BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM USE OF THE SITE OR THE SERVICES, FROM ANY CONTENT POSTED ON THE SITE (WHETHER SUCH CONTENT VIOLATES THE TERMS OR ADDITIONAL TERMS OR NOT), FROM ANY SERVICES OFFERED THROUGH THE SITE OR ANY THIRD PARTY SITE.
AV Pros ASSUMES NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ANY OF YOUR COMMUNICATIONS ON OR THROUGH THE SITE. AV Pros IS NOT RESPONSIBLE FOR ANY MALFUNCTION OR OTHER PROBLEM WITH ANY TELEPHONE NETWORK, TELEPHONE LINES, COMPUTER ONLINE SYSTEMS, SERVERS, INTERNET SERVICE PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, OR FAILURE OF ANY EMAIL OR PLAYERS, INCLUDING, WITHOUT LIMITATION, ANY PERSONAL INJURY OR PROPERTY DAMAGE. AV Pros DISCLAIMS ANY AND ALL LIABILITY OF ANY KIND FOR ANY UNAUTHORIZED ACCESS TO OR USE OF ANY OF YOUR PERSONALLY IDENTIFIABLE INFORMATION. BY ACCESSING THE SITE, YOU AGREE THAT AV Pros SHALL NOT BE LIABLE FOR ANY UNAUTHORIZED ACCESS TO OR USE OF ANY OF YOUR PERSONALLY IDENTIFIABLE INFORMATION.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL AV Pros, ITS AFFILIATES, LICENSORS, SPONSORS, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR ANY LOST PROFITS OR COST OF COVER WHATSOEVER, OR FOR ANY LOSS OF PROFITS, DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES RESULTING FROM (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT DISPLAYED ON THE SITE OR THROUGH THE SITE, (II) ANY UNAUTHORIZED ACCESS TO OR USE OF AV Pros SERVERS AND/OR ANY AND ALL PERSONAL AND/OR OTHER INFORMATION STORED THEREIN, (III) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE OR THROUGH THE SITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, (V) EMAILS OR OTHER TRANSMISSIONS OR COMMUNICATIONS MADE TO YOU THROUGH THE SITE, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT AV Pros IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL AV Pros’ AGGREGATE CUMULATIVE LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS, THE PRIVACY POLICY, OR YOUR USE OF THE SITE, EXCEED FIFTY U.S. DOLLARS ($50.00). THE EXISTENCE OF ONE OR MORE CLAIMS WILL NOT SERVE TO ENLARGE THIS LIMIT. THIS LIMITATION WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY SET FORTH HEREIN. YOU ACKNOWLEDGE THAT THE DISCLAIMERS AND LIMITATIONS HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES.
Application of Limitations and Disclaimers
Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages with respect to consumers (i.e., a person acquiring goods otherwise than in the course of a business), so the exclusions set forth in immediately preceding paragraphs above may not apply to you if you are a consumer. The limitations or exclusions of warranties and liability contained in the Terms do not affect or prejudice the statutory rights of a consumer. The limitations or exclusions of warranties and remedies contained in the Terms shall apply to you as a consumer only to the extent such limitations or exclusions and remedies are permitted under the laws of the jurisdiction where you are located.
Digital Millennium Copyright Act
AV Pros specifically prohibits users from uploading, embedding, posting, emailing, transmitting, or otherwise making available on or through the Site any material that infringes any copyright, patent, trademark, trade secret, or other proprietary rights of any person or entity. It is AV Pros’ policy to terminate, under appropriate circumstances, the account of Users who are determined, in our sole discretion, to be repeat infringers. In addition, we will remove any and all content and User Content if properly notified that such content or User Content infringes another’s intellectual property rights. To file a copyright infringement notification, please send a written communication that includes substantially the following (see Section 512(c)(3) of the Digital Millennium Copyright Act): (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material, including the email address, name, and username of the user allegedly infringing the copyrighted work; (iv) information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; (v) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Such takedown notices may be communicated to us via the Contact page.
International Use
Although this Site may be accessible worldwide, we make no representation that materials on this Site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so at their own risk and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with this Site is void where prohibited
Indemnification
You agree to defend AV Pros, its subsidiaries, affiliates, licensors, and assignees, and their respective officers, directors, managers, stockholders, members, agents, partners, and employees (the “AV Pros Indemnities”), from and against any and all claims, actions, suits, demands, or other proceedings brought by or on behalf of any third party, and to indemnify and hold the AV Pros Indemnities harmless against any losses, liabilities, and other damages (including, but not limited to, reasonable attorneys’ fees), in any case arising out of or related to (i) your access to and/or use of the Site and the services, including, without limitation, your use of the Site and the services in connection with any Project; (ii) a violation or breach by you, or any user of your account, of any provision of the Terms, the Privacy Policy or of any Additional Terms, including, without limitation, a breach of any of the representations, warranties, or terms set forth in the Terms, the Privacy Policy, and the Additional Terms; and/or (iii) any User Content or other materials that you post on or through the Site or the services. This defense and indemnification obligation will survive following the termination of your use of the Site and the services.
Governing Law
The Terms, Privacy Policy, and Additional Terms shall be governed by the laws of the State of California without giving effect to any conflicts of laws principles.
Dispute Resolution
In the event a dispute can be resolved through communications with AV Pros, any dispute, claim, or controversy arising out of or relating to the Terms, Privacy Policy, or Additional Terms, or your use of the Site, shall be resolved through final and binding arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules, and such dispute shall be resolved in the County and City of San Francisco. If the parties are unable to select an arbitrator then AAA shall select the arbitrator. Judgment on any award entered by the arbitrator may be entered in any court having jurisdiction thereof. User agrees that it may bring claims against AV Pros only in an individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. You agree that AV Pros and its Site are deemed a passive website that does not give rise to jurisdiction over AV Pros or our parents, subsidiaries, affiliates, assigns, employees, agents, directors, officers, or shareholders, either specific or general, in any jurisdiction other than the State of California.
Other Terms
In any action to enforce the Terms or Privacy Policy the prevailing party will be entitled to costs and attorneys’ fees. You may not assign your rights and obligations under the Terms to any party, and any purported attempt to do so will be null and void. AV Pros may freely assign its rights and obligations under the Terms. If any part of the Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Any failure by AV Pros to enforce or exercise any provision of the Terms or related rights shall not constitute a waiver of that right or provision. All notices to you shall be made in writing and delivered via email to the email address designated by you in your user account or by otherwise posting such notices on the Site. These Terms, together with the Privacy Policy available here, and any other legal notices published by AV Pros, constitute the entire agreement and understanding between the parties concerning the subject matter of the Terms and supersede all prior agreements and understandings of the parties with respect to that subject matter. The Terms may not be altered, supplemented, or amended by the use of any other document(s), except as modified by AV Pros as provided for in these Terms. Any attempt by you to alter, supplement, or amend this document shall be null and void, unless otherwise agreed to in a written agreement signed by the parties. AV Pros reserves the right to broadcast notices or messages through the Site to inform you of changes to the Site or other matters of importance, and such broadcasts shall constitute notice to you at the time of publication.
Affiliate Earnings Disclaimer
By clicking on links to other sites from our website, we may earn small affiliate commissions when you purchase from those other websites. For example, We are a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for us to earn fees by linking to Amazon.com and affiliated sites. When you click on a link that redirects you to Amazon.com, if you make a purchase, we may earn a small percentage of the sale.
Changes to the Terms
We may update or change the Terms from time to time. If we make material changes to the Terms, we will notify you by posting the revised Terms on our Site or by notifying you at your designated email address as specified in your account. Your continued use of the Site after such notification of changes as described above will constitute your agreement to such changes. If you object to any change, your sole recourse shall be to immediately terminate your account and cease using the Site. We advise you review our Terms periodically for any such changes.
Questions or Additional Information
If you have any questions regarding the Terms, please contact us via the Contact page.