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Terms of Use

TERMS OF USE

IMPORTANT – READ CAREFULLY: YOUR USE OF THE PAVIA SYSTEMS, INC. WEBSITE AND ITS SERVICES IS CONDITIONED UPON YOUR COMPLIANCE WITH AND ACCEPTANCE OF THESE TERMS.

ACCEPTANCE OF TERMS

Pavia Systems, Inc., a Delaware corporation (“Pavia”), makes this web site (the “Site”), including all information, documents, communications, files, text, graphics, software, and products available through the Site and all services operated by Pavia and third parties through the Site (collectively, the “Services”), available for your use subject to the terms and conditions set forth in these Terms of Use and the Pavia Privacy Policy, as they may be amended from time to time (collectively, the “Terms of Use”).

By accessing or using the Site in any way, including, without limitation, use of any of the Services, downloading of any Content, or merely browsing the Site, you agree to and are bound by the Terms of Use.

Pavia reserves the right to amend the Terms of Use and other guidelines or rules posted on the Site from time to time in its sole discretion. Your continued use of the Site, or any Content or Services accessible through it, after such notice has been posted constitutes your acceptance of the changes. Your use of the Site will be subject to the most current version of the Terms of Use, rules and guidelines posted on the Site at the time of such use. You should periodically check these Terms of Use to view the then current terms. If you breach any of the Terms of Use, your authorization to use this Site automatically terminates, and any Content downloaded or printed from the Site in violation of the Terms of Use must be immediately destroyed.

DEFINED TERMS

“Pavia Content” means all materials and information provided by Pavia.

“Pavia Services” are the Services offered by Pavia through the Site.

“Services” are Pavia Services and other services operated by Pavia and third parties through the Site.

“User Content” is all user-supplied information, materials, files, communications, and documents.

“User Content,” “Pavia Content,” and third party content on the Site is collectively referred to as “Content”.

LIMITATIONS ON USE OF PAVIA CONTENT

You shall not use Pavia Content, directly or indirectly, for any purpose other than the use or possible use of Services offered through the Site on the terms set forth herein, and such permitted use shall absolutely cease if and when you are notified by Pavia of the termination of your permitted use. Without limiting the generality of the foregoing: (i) you shall not use Pavia Content in any judicial or administrative proceeding, and (ii) you shall not use any Pavia Content to provide, develop, distribute, deliver, use or sell products or services embodying any such information, or otherwise compete with, circumvent, or act to the detriment of Pavia.

INTELLECTUAL PROPERTY; LIMITED LICENSE TO USERS

The Pavia Content and Pavia Services on the Site, as well as their selection and arrangement, are protected by copyright, trademark, patent, and/or other intellectual property laws, and any unauthorized use of the Pavia Content or Pavia Services at the Site may violate such laws and these Terms of Use. Except as expressly provided herein, Pavia and its suppliers do not grant any express or implied rights to use the Content and Services. You agree not to copy, republish, frame, download, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works based on the Site, the Content, or the Services or their selection and arrangement, except as expressly authorized herein. In addition, you agree not to use any data mining, robots, or similar data gathering and extraction methods in connection with the Site.

In addition to the Pavia Content and Pavia Services offered by Pavia, this Site may also make available materials and information provided by third parties (“Third Party Content”), and services provided by third parties (“Third Party Services”). The Third Party Content and Third Party Services may be governed by separate license agreements that accompany such content and services. Pavia offers no guarantees and assumes no responsibility or liability of any type with respect to the Third Party Content and Third Party Services, including any liability resulting from incompatibility between the Third Party Content and Third Party Services and the Pavia Content and Pavia Services. You agree that you will not hold Pavia responsible or liable with respect to Third Party Content or Third Party Services or seek to do so.

Except as expressly indicated to the contrary elsewhere on the Site, you may view, download, and print the Pavia Content available on this Site subject to the following conditions:

1. The Pavia Content may be used solely for the individual user’s informational purposes.

2. You may not share your user name with another user and you may not use another user’s user name.

3. The Pavia Content may not be modified or altered in any way.

4. The Pavia Content on the Site may not be republished, distributed or sold, rented, leased, or licensed to others.

5. You may not remove any copyright or other proprietary notices contained in the Pavia Content.

6. Pavia reserves the right to revoke the authorization to view, download, and print the Pavia Content available on the Site at any time, and any such use shall be discontinued immediately upon notice from Pavia.

7. The rights granted to you herein constitute a license and not a transfer of title.

The rights specified above to view, download, and print the Pavia Content available on this Site are not applicable to the design or layout of this Site. Elements of this Site are protected by trade dress and other laws and may not be copied or imitated in whole or in part.

TRADEMARK INFORMATION

The trademarks, logos, and service marks (“Marks”) displayed on the Site are the property of Pavia or third parties. You are not permitted to use the Marks without the prior written consent of Pavia or such third party owner.

LICENSE TO PAVIA FOR USER CONTENT

Certain Services offered through the Site accommodate or require User Content. By submitting User Content to this Site, you grant Pavia one of the following types of licenses:

1. For User Content that is the result of your creative efforts and which is intended to be displayed on the Site, you grant Pavia a worldwide, royalty-free, non-exclusive license to modify (for purposes of formatting, maintenance, or Site administration only) and reproduce such User Content. You also grant Pavia the right to distribute and publicly display and perform such User Content for the purpose for which such User Content was submitted to the Site. This license will be in effect until such User Content is removed from the Site.

2. For User Content such as comments to Pavia on user forms, reports or suggestion forms, you grant Pavia and the users of this Site an unrestricted, worldwide, irrevocable license to use, reproduce, display, perform, modify, transmit, and distribute such User Content, and you also agree that Pavia is free to use any ideas, concepts, know-how, or techniques that you send us for any purpose without any compensation to you. However, we will not release your name or otherwise publicize the fact that you submitted such User Content to us unless: (a) you grant us permission to do so; (b) we first notify you that the User Content you submit to a particular part of the Site will be published or otherwise used with your name on it; (c) we have a good faith belief that we are required to do so by law and/or in response to a subpoena or court order; or (d) we believe it necessary in order to protect the rights of Pavia or others.

PROHIBITED COMMUNICATIONS

You may submit only User Content to the Site that is (a) owned by you, (b) submitted with the express permission of the owner or within the scope of the license to such content, or (c) in the public domain. You are prohibited from posting or transmitting to or from the Site any unlawful, threatening, harassing, libelous, offensive, defamatory, obscene, or pornographic materials, or other materials that would violate any law or the rights of others, including, without limitation, laws against copyright infringement, and rights of privacy and publicity. Violation of these restrictions may result in denial of or limitations on access by you to the Site.

USER CONDUCT

In using the Site, including all Services and Content available through it, you agree: not to disrupt or interfere with any other user’s enjoyment of the Site or affiliated or linked sites; not to upload, post, or otherwise transmit through the Site any viruses or other harmful, disruptive, or destructive files; not to create a false identity; not to use or attempt to use another’s account, password, service, or system without authorization from Pavia; not to access or attempt to access any Content which you are not authorized to access; not to disrupt or interfere with the security of, or otherwise cause harm to, the Site, or any Services, Content, system resources, accounts, passwords, servers, or networks connected to or accessible through the Site or any affiliated or linked sites.

MANAGING CONTENT AND COMMUNICATIONS

Pavia reserves the right, in its sole discretion, to delete or remove User Content from the Site and to restrict, suspend, or terminate your access to all or part of the Site, at any time without prior notice or liability. Pavia may, but is not obligated to, monitor or review any areas on the Site where users transmit or post User Content, including but not limited to areas where Services are available, and the substance of any User Content. To the maximum extent permitted by law, Pavia will have no liability related to User Content. Pavia disclaims all liability with respect to the misuse, loss, modification, or unavailability of any User Content.

BECOMING A USER

To become a user of this Site for the purpose of utilizing the Services, you must complete the Site registration process, providing accurate and complete information in response to the information required in the Site’s user registration form (“Registration Information”), and must promptly update such information in the event of any changes so that user’s Registration Information is always accurate and complete.

The person who completes the Site registration is the initial administrator for the user or enterprise (“Administrative User”), and exercises certain options to initially determine the user’s access to Services. All notices from Pavia to a user will be given to the current Administrative User and/or to the designated billing contact at the e-mail address set forth for the Administrative User and/or for the designated billing contact in the user’s Registration Information. In its sole discretion, Pavia will determine the timing, nature, and content of all communications with Administrative Users, billing contacts and other users.

USER NAMES AND PASSWORDS

Upon registration, you will select a user name and password for your access to the Site. Pavia will use reasonable efforts to assign the user name each registered user (each a “Registrant”) selects. However, we reserve the right to reject or terminate use of a user name, if it has been previously assigned to another Registrant, or if Pavia in its sole discretion determines (a) the user name is offensive or its use violates applicable law, (b) the Registrant has multiple registrations, (c) the Registrant has selected or is using the user name of another party with the intent to impersonate that party, (d) the user name contains, may interfere or be confused with, violate, exploit, or capitalize on, the name, goodwill, trade name, trademark, registered trademark, service mark, or proprietary or other rights of any party, or (e) the Registrant has created multiple registrations for the purpose of avoiding subscription fees. If Pavia rejects or terminates use of a user name because of a violation or threatened violation of the Terms of Use, it may elect, at its sole discretion and without prior notice: to select an alternate user name for the Registrant, to allow the Registrant to promptly select another acceptable user name, and/or to Terminate Registrant’s use of the Site as provided herein. The Registrant is entirely responsible for maintaining the confidentiality of the user’s password. The sharing of user names and/or passwords by more than one individual to avoid the payment of fees or any other improper purpose constitutes a violation of the Terms of Use. Registrants will notify Pavia immediately of any known or suspected unauthorized use of or activities on the Site or any disclosure or misuse of any Content, or any other breach of security involving the Site. Pavia will not be liable for any failure by Registrants to comply with the Terms of Use. In the event that a dispute arises over the rightful use of user names and passwords, or over whether a Registrant’s use of the Site was in violation of the Terms of Use, Pavia will have no obligation to any party to continue to grant access to the Site except under an order from a court of competent jurisdiction.

TERMINATION

Pavia, in its sole discretion, may terminate, cancel, suspend, limit, discontinue, and/or deactivate (temporarily or permanently) all or any part of the Services, user name, password, registration, any part or all of the Site, and/or a Registrant’s access to and use of any part or all of the Content and/or the Site, and/or their rights under the Terms of Use (all of the foregoing rights and actions to “Terminate” or a “Termination”), all at any time, including without limitation if (a) Pavia believes that the Registrant has violated or is threatening to violate the Terms of Use or other policy of Pavia or applicable law, has misused or is threatening to misuse the Services, or has conducted or is threatening to conduct any fraudulent, abusive, or illegal activity, (b) Pavia believes that the Registrant has accessed or is attempting to access any part of the Services or Content without authorization, (c) the Registrant assigns its rights to use the Site, (d) Pavia discontinues the Services or any part thereof for any reason, (e) the Registrant makes excessive use of bandwidth, or transmits an excessive number of transmissions inconsistent with the proper use of the Site in the sole discretion of Pavia, or (f) the Registrant’s subscription fees are past due. Pavia reserves the right to investigate the validity of any complaint presented to it which alleges that the Site has been used to conduct fraudulent, abusive or illegal activity, or has been used in any way which violates the Terms of Use. Such investigations may include reviewing Content. However, Pavia will not provide any such information to any third party unless required by law or court order.

A Termination described herein may be made with or without notice and will be effective immediately. In the event of Termination, Pavia may remove and/or permanently delete from its servers all of the Registrant’s Registration Information and other User Content relating to such Registrant and all backup copies of the same. Pavia may (but will not be required to) remove from its servers and/or permanently delete all such User Content and/or all backup copies thereof, without further notice and without any liability of Pavia to Registrant or any third party. Notwithstanding anything in the Terms of Use to the contrary, if Pavia reasonably believes that the Registrant has violated or is threatening to violate applicable law, has accessed or is threatening to access the Site without authorization, or has conducted or is threatening to conduct any fraudulent, abusive, or illegal activity, Pavia may, without any notice, refer the Registrant to appropriate law enforcement agencies, and/or immediately remove and/or permanently delete the Registration Information and other User Content as otherwise provided herein. If a Registrant is the subject of a Termination, they may not re-register for or continue to use the Services in any manner or for any reason, unless such Termination was due solely to non-payment of subscription fees. If the Registrant wishes to terminate its use of the Site and the Services, it should notify Pavia by sending an email to: info@paviasystems.com. For more information on contacting Pavia and our information practices, see our Privacy Policy.

WARRANTIES AND DISCLAIMERS

EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT BETWEEN YOU AND PAVIA OR YOU AND A THIRD PARTY WITH RESPECT TO SUCH PARTY’S MATERIALS OR SERVICES, THIS SITE, AND ALL CONTENT AND SERVICES ACCESSIBLE THROUGH THIS SITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, PAVIA MAKES NO WARRANTY THAT (I) THE SERVICES AND CONTENT WILL MEET YOUR REQUIREMENTS; (II) THE SERVICES AND CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR CONTENT WILL BE EFFECTIVE, ACCURATE, OR RELIABLE; (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, OR CONTENT OBTAINED OR ACCESSIBLE BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS; AND (V) ANY ERRORS IN THE SERVICES OR CONTENT OBTAINED THROUGH THE SITE, OR ANY DEFECTS IN THE SITE, ITS SERVICES OR CONTENT, WILL BE CORRECTED.

This Site could include technical or other mistakes, inaccuracies, or typographical errors. Pavia may make changes to the Content and Services on the Site at any time without notice. Pavia will make its best effort to keep the Content and Services on the Site up to date, but makes no formal commitment to update such Content or Services.

You understand and acknowledge that (i) Pavia does not control, endorse, or accept responsibility for any content, products, or services offered by third parties through the Site, including, without limitation third party vendors and third parties accessible through links on the Site; (ii) Pavia makes no representation or warranties whatsoever about any such third parties, their content, products, or services; (iii) any dealings you may have with such third parties are at your own risk; and (iv) Pavia shall not be liable or responsible for any content, products, or services offered by third parties.

The use of the Services or the downloading or other use of any Content through the Site is done at your own discretion and risk and with your agreement that you will be solely responsible for any damage to your computer system, loss of data, or other harm that results from such activities. Pavia assumes no liability for any computer virus or other similar software code that is downloaded to your computer from the Site or in connection with any Services or Content offered through the Site. No advice or information, whether oral or written, obtained by you from Pavia or through or from the Site shall create any warranty not expressly stated in these Terms of Use.

LIMITATION OF LIABILITY

IN NO EVENT, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL PAVIA, ITS SUBSIDIARIES, AFFILIATES, AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, WHETHER OR NOT PAVIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR THE INABILITY TO USE THIS SITE, ITS SERVICES, OR CONTENT, THE STATEMENTS OR ACTIONS OF ANY THIRD PARTY ON OR THROUGH THE SITE, ANY DEALINGS WITH VENDORS OR OTHER THIRD PARTIES, ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, ANY FAILURE TO STORE OR LOSS OF DATA, FILES, OR OTHER CONTENT, ANY SERVICES AVAILABLE THROUGH THE SITE THAT ARE DELAYED OR INTERRUPTED, OR ANY WEB SITE REFERENCED OR LINKED TO OR FROM THIS SITE.

INDEMNITY AND LIABILITY

You agree to indemnify and hold Pavia, and its subsidiaries, affiliates, officers, directors, agents, partners and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of content you submit, post to, or transmit through the Site (including, without limitation, any User Content or computer viruses), your use of the Site, your connection to the Site, your violation of these Terms of Use, the actions of any user accessing the Site through your account, or your violation of any rights of another person or entity.

GOVERNING LAW AND JURISDICTION

The Site (excluding linked sites) is controlled by Pavia from its offices within the state of Washington, United States of America. By accessing this Site, you and Pavia agree that these Terms of Use shall be governed by and construed under the laws of the State of Washington without giving effect to the principles of conflicts of laws. You and Pavia hereby irrevocably and unconditionally submit to the jurisdiction of the State Courts of the State of Washington and of the United States of America for the Western District of Washington and agree that any legal action or proceeding relating to these Terms of Use may be brought in such courts. You and Pavia hereby waive to the fullest extent permitted by law in connection with any such action or proceeding any objections they may now or hereafter have to the venue of any such action or proceeding in any such court or that such action or proceeding was brought in an inconvenient court and agree not to plead or claim the same.

WAIVER OF RIGHT TO JURY TRIAL

You and Pavia hereby irrevocably and knowingly waive to the fullest extent permitted by law any right to a trial by jury in any action or proceeding, including, without limitation, any counterclaim, arising out of these Terms of Use, or any other agreements or transactions related hereto or thereto. The parties agree that any such action or proceeding shall be tried before a court and not a jury. In the event the waiver of a trial by jury is deemed invalid, the parties hereby agree that any action or proceeding, including, without limitation, any counterclaim, arising out of this Agreement, or any other agreements or transactions related hereto or thereto shall be determined by judicial reference.

ATTORNEYS FEES

In the event that any suit or action is instituted to enforce any provision of the Terms of Use, the prevailing party in such dispute shall be entitled to recover from the losing party all fees, costs and expenses of enforcing any right of such prevailing party under or with respect to the Terms of Use, including without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all fees, costs and expenses of appeals.

GENERAL

The Terms of Use and the other policies, rules, guidelines, licenses and disclaimers posted on the Site constitute the entire agreement between Pavia and you regarding the subject matter contained therein, and supersede all other previous agreements, understandings and/or representations regarding such subject matter. If for any reason a court of competent jurisdiction finds any provision of the Terms of Use or the other policies, rules, guidelines, licenses and disclaimers posted on the Site, or portion thereof, to be unenforceable, such provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected by that provision, and the remainder of the Terms of Use and the other policies, rules, guidelines, licenses and disclaimers posted on the Site shall continue in full force and effect. Any failure by Pavia to enforce or exercise any provision of the Terms of Use or related right shall not constitute a waiver of that right or provision.

The headings contained in the Terms of Use and the other policies, rules, guidelines, licenses and disclaimers posted on the Site are for convenience of reference only, are not to be considered a part of the Terms of Use or the other policies, rules, guidelines, licenses and disclaimers posted on the Site, and shall not limit or otherwise affect in any way the meaning or interpretation of the Terms of Use or the other policies, rules, guidelines, licenses and disclaimers posted on the Site.
All covenants, agreements, representations and warranties made in the Terms of Use and the other policies, rules, guidelines, licenses and disclaimers posted on the Site, may be amended by Pavia from time to time.