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TERMS OF USE


ACCEPTANCE OF TERMS

The software and services that Avital Web, Inc. provides to you are subject to the following Terms of Use. Avital Web, Inc. reserves the right to update the terms of use at any time without notice to you. Use our services at your own risk. You agree not to hold us liable for any damages or losses related to the use of our services. All payments are non-refundable.

DESCRIPTION OF SERVICES

Through its network of Web properties, Avital Web, Inc. provides you with access to a variety of resources, including developer tools, download areas, communication forums and product information (collectively "Services"). The Services, including any updates, enhancements, new features, and/or the addition of any new Web properties, are subject to the terms of use.

PERSONAL AND NON-COMMERCIAL USE LIMITATION

Unless otherwise specified, the Services are for your personal and non-commercial use. 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 the Services.

PRIVACY AND PROTECTION OF PERSONAL INFORMATION

See the Privacy Statement disclosures relating to the collection and use of your information.

NOTICE SPECIFIC TO DOCUMENTS AVAILABLE ON THIS WEB SITE.

Permission to use Documents (such as white papers, press releases, datasheets and FAQs) from the Services is granted, provided that

  • The below copyright notice appears in all copies and that both the copyright notice and this permission notice appear,
  • Use of such Documents from the Services is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and
  • No modifications of any Documents are made. Distribution otherwise requires express written permission. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.


Documents specified above do not include the design or layout of the Avital Web, Inc. Web site or any other Avital Web, Inc. owned, operated, licensed or controlled site. Elements of Avital Web, Inc. Web sites are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any Avital Web, Inc. Web site may be copied or retransmitted unless expressly permitted by Avital Web, Inc.
AVITAL WEB, INC. MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED AS PART OF THE SERVICES FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. AVITAL WEB, INC. HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL AVITAL WEB, INC. BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THE SERVICES.
THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE SERVICES COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. AVITAL WEB, INC. MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.

NOTICES REGARDING SOFTWARE, DOCUMENTS AND SERVICES AVAILABLE ON THIS WEB SITE

IN NO EVENT SHALL AVITAL WEB, INC. BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THE SERVICES.

MEMBER ACCOUNT, PASSWORD, AND SECURITY

If any of the Services requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You also will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Avital Web, Inc. immediately of any unauthorized use of your account or any other breach of security. Avital Web, Inc. will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Avital Web, Inc. or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair any Avital Web, Inc. server, or the network(s) connected to any Avital Web, Inc. server, or interfere with any other party's use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, other accounts, computer systems or networks connected to any Avital Web, Inc. server or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.

USE OF SERVICES

The Services may contain e-mail services, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable you to communicate with others (each a "Communication Service" and collectively "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using the Communication Services, you will not:

  • Use the Communication Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
  • Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same.
  • Use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any part.
  • Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another.
  • Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Services specifically allows such messages.
  • Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.
  • Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
  • Restrict or inhibit any other user from using and enjoying the Communication Services.
  • Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
  • Harvest or otherwise collect information about others, including e-mail addresses.
  • Violate any applicable laws or regulations.
  • Create a false identity for the purpose of misleading others.
  • Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Services or other user or usage information or any portion thereof.


Avital Web, Inc. has no obligation to monitor the Communication Services. However, Avital Web, Inc. reserves the right to review materials posted to the Communication Services and to remove any materials in its sole discretion. Avital Web, Inc. reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever.
Avital Web, Inc. reserves the right at all times to disclose any information as Avital Web, Inc. deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Avital Web, Inc.’s sole discretion.
Always use caution when giving out any personally identifiable information about yourself or your children in any Communication Services. Avital Web, Inc. does not control or endorse the content, messages or information found in any Communication Services and, therefore, Avital Web, Inc. specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Services. Managers and hosts are not authorized Avital Web, Inc. spokespersons, and their views do not necessarily reflect those of Avital Web, Inc.
Materials uploaded to the Communication Services may be subject to posted limitations on usage, reproduction and/or dissemination; you are responsible for adhering to such limitations if you download the materials.

MATERIALS PROVIDED TO AVITAL WEB, INC. OR POSTED AT ANY AVITAL WEB, INC. WEB SITE.

Avital Web, Inc. does not claim ownership of the materials you provide to Avital Web, Inc. (including feedback and suggestions) or post, upload, input or submit to any Services or its associated services for review by the general public, or by the members of any public or private community, (each a "Submission" and collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting ("Posting") your Submission you are granting Avital Web, Inc., its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses (including, without limitation, all Avital Web, Inc. Services), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; to publish your name in connection with your Submission; and the right to sublicense such rights to any supplier of the Services.    
No compensation will be paid with respect to the use of your Submission, as provided herein. Avital Web, Inc. is under no obligation to post or use any Submission you may provide and Avital Web, Inc. may remove any Submission at any time in its sole discretion.
By Posting a Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in these Terms of Use including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
In addition to the warranty and representation set forth above, by Posting a Submission that contain images, photographs, pictures or that are otherwise graphical in whole or in part ("Images"), you warrant and represent that (a) you are the copyright owner of such Images, or that the copyright owner of such Images has granted you permission to use such Images or any content and/or images contained in such Images consistent with the manner and purpose of your use and as otherwise permitted by these Terms of Use and the Services, (b) you have the rights necessary to grant the licenses and sublicenses described in these Terms of Use, and (c) that each person depicted in such Images, if any, has provided consent to the use of the Images as set forth in these Terms of Use, including, by way of example, and not as a limitation, the distribution, public display and reproduction of such Images. By Posting Images, you are granting (a) to all members of your private community (for each such Images available to members of such private community), and/or (b) to the general public (for each such Images available anywhere on the Services, other than a private community), permission to use your Images in connection with the use, as permitted by these Terms of Use, of any of the Services, (including, by way of example, and not as a limitation, making prints and gift items which include such Images), and including, without limitation, a non-exclusive, world-wide, royalty-free license to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Images without having your name attached to such Images, and the right to sublicense such rights to any supplier of the Services. The licenses granted in the preceding sentences for a Images will terminate at the time you completely remove such Images from the Services, provided that, such termination shall not affect any licenses granted in connection with such Images prior to the time you completely remove such Images. No compensation will be paid with respect to the use of your Images.

OBLIGATIONS OF AVITAL WEB, INC.

Avital Web, Inc. shall provide a website for the Customer to facilitate the deliverance of the website content as agreed upon. The Customer's website (including all graphical content and related HTML coding provided by Avital Web, Inc.) is the property of Avital Web, Inc. and the Customer has no rights to the website beyond the terms of its subscription. Avital Web, Inc. will provide for Customer the use of various website designs. Various content will be provided for Customer to choose from, including, but not limited to default content, articles, sample verbiage for descriptions of various sections of the site (e.g., procedure descriptions, FAQs, etc.). Customer will be allowed to modify, add or delete most content. Avital Web, Inc. will provide hosting for all sites. Avital Web, Inc. will provide passworded protection for the Customer for access to make additions/deletions to the Customer's site content. Customer agrees all design features and source code (html) associated with the website, apart from the client name and Customer information, are the property of Avital Web, Inc.. Upon execution of this Agreement, Avital Web, Inc. shall load, in HTML format, Customer's Information (noted below) onto the Customer's website in accordance with Avital Web, Inc. procedures. Customer shall be solely responsible for all content (Customer Information). Although Avital Web, Inc. shall use reasonable efforts to protect the Customer's website from unauthorized access by third parties, Customer acknowledges that, because of the nature of the World Wide Web, Customer Information residing on its website cannot be protected from alteration or destruction by third parties. Customer shall regularly monitor and maintain its Customer Information on its website and Avital Web, Inc. shall have no liability to Customer or any third party in connection with any such alteration or destruction.   

TERM AND TERMINATION

The initial term of this Agreement shall be for a period of one (1) year from the Effective Date. This Agreement can be extended by Customer by paying, in advance, the renewal fees in existence at the time of renewal, unless previously agreed upon through promotional offers. No termination or expiration of this Agreement shall abridge or deprive either party of any remedy it may have against the other party arising out of this Agreement or as a matter of law or otherwise. Notwithstanding the foregoing, this Agreement may be terminated by either party, upon written notice, if the other party breaches any material term of this Agreement and fails to cure that breach within fifteen (15) days of receipt of written notice thereof. With respect to “pre-designed” website styles for which no customization has been provided by Avital Web, Inc., Customer is allowed a refund if notification is given to Avital Web, Inc. within 30 days of the Effective Start Date, net of any costs incurred by Avital Web, Inc. in the performance of services for Customer (e.g., domain name registrations and transfer fees, etc.). The Effective Start Date is the date Customer signs up for the subscription service and enters the site for creation of its website. There is no refund available for “custom designed” websites due to the nature of the labor intensive design services being rendered by Avital Web, Inc..

PRICE AND PAYMENT

Fees for Services, including without limitation setup fees for Customer’s Web Site, recurring fees for maintenance and hosting of Customer’s Web Site and other fees for Service Options, are set forth in the Service Agreement. All maintenance fees, hosting fees and other recurring fees are subject to change from time to time by Avital Web, Inc. giving at least 30 days advance notice to Customer by e-mail or regular mail. If Customer does not accept a fee adjustment, Customer may terminate the Service Agreement by giving written notice to Avital Web, Inc. prior to the effective date of the change.
Fees for set-up of Customer’s Web Site and other one-time fees for Service Options selected on the Service Agreement will be due upon acceptance of the Service Agreement by Avital Web, Inc. unless otherwise agreed by Avital Web, Inc..

Web hosting, website maintenance and other fees in contract become due at the time of signing the contract. Web hosting (maintenance & security) charges will start immediately at the time of signing the contract. SEO charges will start after the completion of the site.


WEBSITE DESIGN AND DEVELOPMENT

All our website design and development contracts are based on 1 year contract from the date of signature, and website hosting and maintenance fees are not refundable.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL NOT RECEIVE A RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement.

LINKS TO THIRD PARTY SITES
THE LINKS IN THIS AREA WILL LET YOU LEAVE AVITAL WEB, INC.’S SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF AVITAL WEB, INC.AND AVITAL WEB, INC.IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. AVITAL WEB, INC.IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. AVITAL WEB, INC.IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY AVITAL WEB, INC.OF THE SITE.   

UNSOLICITED IDEA SUBMISSION POLICY

AVITAL WEB, INC.OR ANY OF ITS EMPLOYEES DO NOT ACCEPT OR CONSIDER UNSOLICITED IDEAS, INCLUDING IDEAS FOR NEW ADVERTISING CAMPAIGNS, NEW PROMOTIONS, NEW PRODUCTS OR TECHNOLOGIES, PROCESSES, MATERIALS, MARKETING PLANS OR NEW PRODUCT NAMES. PLEASE DO NOT SEND ANY ORIGINAL CREATIVE ARTWORK, SAMPLES, DEMOS, OR OTHER WORKS. THE SOLE PURPOSE OF THIS POLICY IS TO AVOID POTENTIAL MISUNDERSTANDINGS OR DISPUTES WHEN AVITAL WEB, INC.’S PRODUCTS OR MARKETING STRATEGIES MIGHT SEEM SIMILAR TO IDEAS SUBMITTED TO AVITAL WEB, INC. SO, PLEASE DO NOT SEND YOUR UNSOLICITED IDEAS TO AVITAL WEB, INC.OR ANYONE AT AVITAL WEB, INC. IF, DESPITE OUR REQUEST THAT YOU NOT SEND US YOUR IDEAS AND MATERIALS, YOU STILL SEND THEM, PLEASE UNDERSTAND THAT AVITAL WEB, INC. MAKES NO ASSURANCES THAT YOUR IDEAS AND MATERIALS WILL BE TREATED AS CONFIDENTIAL OR PROPRIETARY.

JURISDICTIONAL ISSUES

Unless otherwise specified, the materials in Avital Web, Inc. websites are presented solely for the purpose of education in the United States. This site is controlled and operated by Avital Web, Inc. from its offices within the State of California, United States of America. Avital Web, Inc. makes no representation that materials in this site are appropriate or available for use in other locations. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
This agreement shall be governed by, construed and enforced in accordance with the laws of the State of California, as it is applied to agreements entered into and to be performed entirely within such State. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the matters contained herein and shall not be modified except in writing, signed by Avital Web, Inc..

INDEMNIFICATION

Customer hereby agrees to indemnify, defend and hold Avital Web, Inc., and its officers, directors, agents, vendors, licensors and subcontractors (collectively, the "Indemnified Parties") harmless from and against any and all claims, liability and costs and expenses, including, without limitation, reasonable attorneys’ fees, incurred by the Indemnified Parties in connection with any claim arising out of: (i) any breach by Customer of the Service Agreement, these Terms and Conditions or any other contract between Avital Web, Inc. and Customer; (ii) claims based upon representations made by Customer; (iii) any use of the Customer’s Web Site or Services; (iv) information and services provided by Customer, and (v) any and all actions, conduct or acts of omission of Customer.  
Customer shall cooperate as fully and as reasonably required in the defense of any claim. Avital Web, Inc. reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by Customer.

Call Avital Web at (877) 971-7177 For a Free Consult