TERMS OF SERVICE
AVI reserves the right to make updates and changes to the Terms and Conditions which will be posted here. Any use of the services offered by AVI after such changes and amendments constitute an assent to the changes and updates to be bound by the amended terms.
“Services” refers to all services provided by AVI and its third party contractors, affiliates and partners. The term services further means the use of the application, verbal communications with any users and any other communications initiated by or directed towards AVI. “Company” refers to AVI as well as all of the authorized third party affiliates, contractors, affiliates and partners who work directly with AVI or act as an authorized agent or representative and are all referred to individually as company. “You, User” refers to the user as the contractor, subcontractor whether requesting or providing service as well as anyone creating an account in anticipation of providing or requesting a service offered by AVI or a visitor to the site. “Individual Contract” refers to the specific, direct, written contracts made between AVI and the user and such contracts shall prevail over the general Terms and Conditions should there be a conflict between the two.
Description of Services
AVI is a virtual marketplace providing a platform for meeting the needs of commercial and non-commercial drone use. The platform permits users of the application to provide/request, arrange and schedule, with third party providers, said services to be performed with the use of drones.
Rules of Use of Services
Any use of the services provided by AVI is done at the voluntary and free will of the user. By using the Service the user affirms that they are at least 18 years of age or are of the legal age to enter into a contract and to be bound by the contract’s terms and agreements. The User agrees that all the information submitted which is required to create an account is true and accurate. User also agrees to update and maintain the account current and make any necessary changes to information as they become necessary. User also confirms that any use of the service is not in violation of any state or federal laws and agree to be bound by all national safety regulations and standards along with the Patriot Act and other national security laws and regulations. User is responsible for all activity that occurs under your account even if cause indirectly by user negligence. It is user’s obligation to maintain control over the account at all times and may not authorize third parties access. Any rights not expressly granted herein are reserved by AVI. User agrees to comply and adhere to all applicable laws and only use the services for lawful purposes. The Services cannot be used to conduct any type of transaction any portion of which would be in violation of laws. The Services may not be used to cause a disturbance, annoyance, pose a threat or violate any rights of a third party. All uses of the Services provided by AVI are for lawful purposes only and any unlawful or unethical use of such services warrants an immediate suspension and possible cancellation of the user’s account and prohibition from using the services in the future. Unless otherwise specified, neither this site nor any portion of this site may be reproduced, duplicated, copied, sold or otherwise exploited for any commercial purpose not expressly permitted by AVI. You may not modify copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from this site without express written permission of AVI.
Content Uploaded by User
From time to time the User may be permitted to upload limited and specific content to the AVI application and website including all commentary, opinions, suggestions, observations, etc., both visual and textual. When uploading such content to the site the user willingly grants AVI a perpetual, universal, irrevocable royalty-free license with the right to sublicense, copy, modify and publish, distribute and otherwise utilize and exploit the content in any manner available to AVI, without any further notice to user. User further warrants that any content uploaded by them, unless otherwise explicitly noted, is the sole property of the User and the User has all rights to use the publication and any use of the publication, initially by the User or subsequently by the Company, does not violate any third party rights, neither intellectual, proprietary, privacy or any applicable laws or regulations. No content may be uploaded which is abusive, offensive, in violation of any applicable laws. Any such content will immediately be reviewed and removed by the Company without notice to the User and any content that is deemed threating the rights of others may be turned over to the appropriate authorities. User agrees not to copy, display, alter or publish any content found on the AVI site or its third party affiliates, such action constitutes copyright infringement.
Payment for Services
All payments for services are to be made in the currency of the United States Dollars. The use of the service will result in charges to the User in the amount previously quoted or negotiated for by the User and AVI. AVI uses a third party vendor to process all payments. Upon completion of the services the Company will disperse the payment to the appropriate party. All charges will be made to the payment method on file. If the payment method is not valid or unavailable AVI reserves the right to withhold the service until payment is completed. Payment quotes may change from time to time due to supply and demand and the Company reserves the right to make changes to the to the charges with prior explicit notification to the User. A cancellation fee will apply to all service requests which are not cancelled within the specified time period noted with the specific service. All charges are for services provided including all applicable taxes and fees.
Responsibility of Use
The User is responsible for any and all damages caused by the User, his/her equipment or as a directly result of negligence or misinformation. User is required to carry sufficient liability insurance to cover all damages and repairs. AVI reserves the right to recover from the User the full cost of the repair plus all applicable fees as within the legal provisions.
No Unlawful or Prohibited Use
As a condition of your use of this site, you warrant to AVI that you will not use this site for any purpose that is unlawful or prohibited by these terms and conditions. You may not use this site in any manner which could damage, disable, overburden, or impair this site or interfere with any other party’s use and enjoyment of this site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through this site. Harassment in any manner or form on this site or through this site is strictly forbidden. Impersonation of others on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasion of privacy or publicity rights, abusive or illegal, or which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law.
You should assume that everything you see or read on the AVI site is copyrighted or subject to trademark protection, unless otherwise noted and may not be used except as provided in these Terms and Conditions or in the text on the AVI site without the written permission of AeroVista Innovations. The entire content included in this site, including but not limited to text, graphics logos, icons, images, audio or software is copyrighted under the United States and international copyright laws, and is the property of AVI, its content suppliers or AVI’s use thereof has been authorized or licensed by the owner of such content. The compilation of the content of this site is the exclusive property of AVI and is protected by United States and international copyright laws. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with AVI or purchasing products sold by AVI. You may display, and subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use and to register or to place an order with AVI to purchase products sold by AVI. Any other use, including but not limited to the reproduction, distribution, display, posting, mirroring, or transmission of the content of this site is strictly prohibited. You further agree not to change or delete any proprietary notices from materials downloaded from this site or to modify such materials in any way.
All trademarks, service marks and trade names and logos used herein are proprietary to AVI and/or are licensed to AVI. Such trademarks, service marks and trade names are protected by common law and/or federal trademark law and may not be used in violation of AVI’s or any of its licensors’ rights. Nothing contained on the AVI website should be construed as granting, by implication, estoppel or otherwise any license or right to use any Trademark displayed on the AVI website without the written permission AVI or the third party owner of such Trademark. Your misuse of AVI trademarks or any information on the AVI website except as provided in these Terms and Conditions is strictly prohibited. You are also advised that AVI will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
The information regarding the products and services included in or available through the AVI site may include inaccuracies or typographical errors. If a product is listed at an incorrect price due to typographical error, AVI shall have the right to cancel or refuse any orders placed for such product listed at the incorrect price, whether or not the order has been confirmed or your account charged. If your account has been charged and your order is canceled, a credit will be issued to your account in the amount of the charged price. AVI and/or its respective suppliers may make improvements and/or changes to the information in this site at any time.
Warranties and Representations
All services provided by AVI are “as is”. The company makes no warranties or representations with regard to the fitness for a particular purpose, merchantability of the services and makes no implied or express warranties. AVI makes no representations with regard to quality, timeliness, suitability, or accuracy of the content found on the website or application. AVI does not warranty the services of third party providers and makes no representations as to their quality, reliability or any other relation to the services provided. All services entered into with third parties are at the risk of the user and are not warranted by AVI or its affiliates.
Limitation of Liability
In no event will AVI be directly liable for incidental, consequential, punitive, indirect or special damages including but not limited to damages for loss of data, loss of profits or damage of property even if advised of the possibility of such damages. User agrees to hold AVI harmless from any damages caused do to service interruption, failure of availability of website or other unintentional acts of AVI. AVI is not liable for any damages or service interruptions caused by third parties. User agrees that AVI has no responsibility or liability in relation to any services or goods provided by third parties or any services not in the direct control of AVI. All contracts entered into with third parties are at the risk of the user and AVI is not responsible for any consequential damages arising out of such contracts. AVI is not responsible for any delays resulting in actions beyond the company’s control. In any event AVI’s total liability for all damages and causes of action shall not exceed the actual amount paid for said services. User agrees to all terms in this agreement and agrees to be bound by it. In all events and instances all users are protected by any applicable UCC and consumer protection laws of the jurisdiction.
Links to Third Party Sites
Choice of Law
This Agreement shall be governed by the laws of the State of Illinois. Any claims or disputes arising out of this Agreement may only be tried in the jurisdiction of Lake County, Illinois, and by using the Services the parties agree and irrevocably consent to said jurisdiction.
User agrees that any controversy or cause of action arising out of the use of Services provided by AVI or its Third Party affiliates will be settled by binding arbitration between the User and the Company. Each party nonetheless retains all applicable rights including the right to bring an individual action in small claims court only. User and the Company agree to waive the right to a trial by jury or to participate as a plaintiff in a class action lawsuit against the Company.The party seeking Arbitration must provide the other party written Demand for Arbitration in accordance with the American Arbitration Association (“AAA”) Rules and such request must be delivered by USPS with return receipt required. All Arbitrations are governed by the AAA and in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The parties will select a mutually agreed upon Arbitrator from the AAA approved list. If the parties are unable to agree within seven (7) days the AAA will appoint one. In an event that any portion, other than the Arbitration section, is deemed unenforceable the Arbitration clause will survive and is enforceable as a negotiated contract between the User and the Company.
All parties agree that neither party shall be liable for a delay or failure of performance of the contract (except for payment of money) in events beyond parties’ control such as strikes, riots, fires, floods, acts of God, war, terrorism, earthquake, hostilities, embargoes, or any other event beyond reasonable control.
Non-enforcement of any portion of this Agreement does not constitute a waiver of that portion nor any other portions of the Agreement in the present nor at any time nor does it waive the right of enforcement of the same provision in the future. Any waiver of a provision of this Agreement are only valid if in writing by an authorized party against whom such waiver is sought and only apply to the specific instance in the specific circumstances at a specific time.
AVI may give notice via electronic mail sent to the address in the registered User’s account or by written communication sent by first class mail. All such notices shall be deemed received by the User within 48 hours after initial communication. Notice to AVI may be given via electronic mail at [email protected].
This agreement represents the entire agreement of the parties, and supersedes all prior agreements, communications, negotiations and proposals. In an event of a dispute of the Terms and Conditions this Agreement shall control. The parties agree that any other terms, negotiations, discussions and agreements are not part of this Agreement and shall not be incorporated into this Agreement as such unless expressly negotiated for between the parties with written consent from all parties.
Termination of Agreement
This Agreement may be updated from time to time by AVI notice of such updates will be communicated to all Users via the method outlined in the “Notice” Section of this Agreement and an updated version will be posted herein. This Agreement may be terminated by AVI, either party if they file for bankruptcy or is adjudicated as bankrupt, or if either party commits a material breach of any of the terms of this Agreement. The obligation to keep information confidential or proprietary survives the termination of this agreement. The termination of this agreement does not relive any party from payment and other contractual obligations entered into prior to the termination of this Contract. AVI may terminate or suspend access to Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. All provisions of the Terms which by their nature should survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Last updated February 5, 2018