Avalaunch Media is an online service designed to help businesses grow their online presence through providing digital content and marketing services. The Avalaunch Media web site (the “Site”) offers information regarding Avalaunch Media Services.
Avalaunch Media is a web site provided to You by Avalaunch Media, LLC and its related, affiliated or subsidiary companies (“Avalaunch”). The following User Agreement governs web site users’ (“Your”) access to and use of Avalaunch Media and any other content (collectively, “Content”) available on or through Avalaunch Media.
Please read through this User Agreement (“Agreement”) before accessing, using or browsing Avalaunch Media content or before selecting the “I AGREE” button associated with this Content or Avalaunch Media services.
By accessing, browsing or using Avalaunch Media Content or clicking on “I AGREE,” you, on behalf of yourself or your entity, as applicable, agree that:
- i. You have read and understand all of the terms of this Agreement;
- ii. You agree to be bound by all of the terms of this Agreement;
- iii. This Agreement is the legal equivalent of a written and signed contract between You and Avalaunch Media; and
- iv. If accessing, browsing or using Avalaunch Media Content of behalf of an entity, you have full authority to bind Your entity to all of the terms of this Agreement.
If you cannot be bound or are not willing to be bound by this Agreement then do not select the “I Agree” button associated with this Agreement or access, browse, or use Avalaunch Media or access any of the content. Avalaunch does not grant you any right or license to access browse or use Avalaunch Media or the Content without your express consent to abide by the terms of this Agreement.
All comments, concepts, feedback, graphics, ideas, illustrations, remarks, suggestions and other materials that You communicate to Avalaunch Media (collectively, the “Submissions”) become the property of Avalaunch and You waive any and all rights, except moral rights, if applicable. Further, You hereby forever assign all rights in regards to the Submissions, now known or future existing.
Avalaunch will not be required to treat any Submissions as confidential and will not be liable for any of its business ideas (including and not limited to product or advertising ideas) and will not incur any liability as a result of any similarities (whether actual or perceived) that may or may not appear in future Avalaunch operations or other business ventures. Except as otherwise provided for in this Agreement, Avalaunch will have full right of use for the Submission for any commercial or other purpose in its sole discretion without compensation to You.
Any Submissions You provide are voluntary. You are responsible for the content of the Submissions and agree to defend (at Avalaunch’s sole option and discretion), indemnify and hold Avalaunch harmless from any costs, damages, losses, or expenses including attorney’s fees, which Avalaunch may incur as a result of Your Submissions.
You also agree that you are responsible to the full extent under the law for all activities that occur under your account whether or not You are the individual or other entity who undertakes such activities. This includes any unauthorized access or use of Your account on either a personal or public computer system.
Avalaunch retains the right to review and/or delete faulty, illegal, offensive, suspicious or other inappropriate Submission that violates the terms and conditions of this Agreement.
You must be at least 18 years of age to use the Avalaunch Media web site and any Content or Licensed Content.
USER ID AND PASSWORDS
Access to certain areas of Avalaunch Media or the Content may be limited by a user identifier (“User ID”) and password, which are selected as part of the registering for a Subscription with Avalaunch Media. By registering, You covenant, represent, and warrant that: (i) You are at least 18 years of age; (ii) You are using Your actual identity; (iii) You have provided only accurate, complete, current and true information about Yourself during the registration process; and (iv) You will maintain and promptly update the information that You provide to keep it accurate, complete, current and true.
By logging into your Subscription account using any password, You covenant, represent, and warrant that You are authorized to use such password and to engage in the activities that You conduct with the Subscription Account. You agree that You will be solely responsible for the maintenance and security of Your User ID and password. You also agree that You will be solely responsible for any activities conducted on or through Your Subscription Account. Your User ID and password are unique to You, and You agree not to disclose or share Your User ID and password.
Avalaunch reserves the right to deny, revoke or prevent access to Avalaunch Media, or any part thereof, at any time in our sole discretion, with or without cause. Your access to Avalaunch Media will terminate upon the termination of this Agreement for any reason. If You wish to cancel a password, or if You become aware of any loss, theft or unauthorized use of a password, please notify Avalaunch immediately.
You may choose to access some of the content of Avalaunch Media without creating a User ID and password or Subscription Account. By accessing, using or browsing Avalaunch Media or any of the content You are agreeing to be bound by all the terms and conditions of this Agreement.
Avalaunch may monitor or review any areas on Avalaunch Media where You or other users convey, transmit, or post communications or communicate solely with each other for the purpose of promoting its efficiency, usefulness and suitability of use. However, Avalaunch does not undertake to screen or review every posting, communication or Submissions, and Avalaunch disclaims any liability related to the content of any posting, communications or Submissions, whether or not arising under the laws of copyright, libel, obscenity, privacy, trademark or otherwise.
While Avalaunch may monitor the content of the communications from time to time, Avalaunch does not agree with, encourage, endorse, sanction, support, verify the comments, opinions or Submissions posted on Avalaunch Media. Any information or material placed online, including advice and opinions, are solely the views and responsibility of those posting such statements, and do not necessarily represent the views of Avalaunch, its officers, managers, owners, employees, agents, designees or other users. Avalaunch, in its sole discretion, reserves all rights to discontinue this service generally or to any user at any time.
Avalaunch may disclose any records, electronic communications, information, materials or other content of any kind (i) if Avalaunch believes in good faith that the law or legal process requires it; (ii) if such disclosure is necessary or appropriate to operate Avalaunch Media; or (iii) to protect the rights or property of Avalaunch, its users or business partners. However, we are not responsible for editing, monitoring, policing or screening Avalaunch Media.
Avalaunch may, at its discretion, edit, monitor or review any areas of Avalaunch Media where You transmit or post communications or communicate with Avalaunch Media or other users, including, but not limited to blogs, bulletin boards, chat rooms, forums, instant messaging sessions, newsgroups and other user-interactive areas (collectively “User-Interactive Areas”), and the content or any such communications. Avalaunch, however, will have no liability related to the content of any such communications, whether or not arising under laws of copyright, libel, obscenity, privacy, trademark or otherwise.
If You submit any material to any of the User-Interactive Areas, You agree and represent that Your material: (i) is not offensive, obscene, or otherwise contrary to the laws of where such User-Interactive Areas may be accessed; (ii) is the original work of Your authorship or that You have the right to make the submission without violating the copyright, trademark, patent or other intellectual property rights of any person or entity; and, (iii) is true and truthful and does not constitute libel, slander, invasion of privacy, defamation, or any violation of law.
Avalaunch retains the right to remove communications that include any material deemed abusive, offensive, obscene, defamatory, faulty or otherwise inappropriate. Thus, if notified of an allegation that Avalaunch Media contains damaging, defamatory, electronic communications, illegal or offensive records, information, infringing, materials or other content, Avalaunch may, in its sole discretion, investigate the allegation and determine whether to remove or request the removal of the same from Avalaunch Media. Notices to Avalaunch Media regarding any alleged copyright infringement should be sent to firstname.lastname@example.org .
You may find our Privacy Notice here.
Except as otherwise provide for herein, Avalaunch Media and the Content contained and referenced herein are for informational purposes only. Any reproduction, retransmission or other use is strictly prohibited. If you wish to reproduce any of the Content contained herein, please send e-mail request to email@example.com .
“Avalaunch MediaSM” and “AvalaunchSM” are service marks of Avalaunch, and except as provided in this Agreement, Avalaunch does not grant You any rights thereunder. As such, Avalaunch Media and Avalaunch may not be used in any way varying with the provisions of this Agreement, without the prior written permission of Avalaunch.
All other company names, domain names, logos, service marks, trademarks (collectively “Other Trademarks”) referred to on Avalaunch Media are company names, domain names, logos, service marks, trademarks of or are otherwise the property of Avalaunch or its affiliates or licensors. In countries where any of the Avalaunch Media and Avalaunch company names, domain names, logos, service marks, trademarks are not registered, Avalaunch claims other rights associated with company names, domain names, logos, service marks or unregistered trademarks. Other company names, domain names, logos, service marks, trademarks referred to on Avalaunch Media may be trademarks of their respective owners.
OTHER INTELLECTUAL PROPERTY RIGHTS
All interest, right and title in and to the Content and all intellectual property rights embodied therein, are the property of Avalaunch or its affiliates, licensors or suppliers.
Without limiting the foregoing, with respect to the databases (“Databases”) used to store the Content and Submissions, You agree and acknowledge that:
- i. The Content, Submissions, Databases and any other information contained therein shall remain valuable intellectual property owned by, or licensed to Avalaunch, and that no proprietary rights are being transferred to You in such materials or in any of the Content contained therein;
- ii. You will not, either indirectly or directly, use any of the Content, Submissions, Databases and any other information contained therein for any purposes other than Your personal, non-commercial use;
- iii. You will not, either indirectly or directly, use the Content, Submissions, Databases and any other information contained therein to establish independent data files or otherwise amass statistical information thereof or therefrom;
- iv. You will not, either indirectly or directly, use the Content, Submissions, Databases and any other information contained therein in violation of any applicable laws or regulations;
- v. You shall not publish or distribute in any medium Content, Submissions, Databases, any other information contained therein, and/or summaries or subsets thereof to any person or entity;
- vi. In the event of any misappropriation or misuse of the Content, Submissions, Databases and any other information contained therein will cause serious damage to Avalaunch and that in such event money damages may not constitute sufficient compensation to Avalaunch; consequently; and
- vii. In the event of any misappropriation or misuse, Avalaunch shall have the right to obtain injunctive relief in addition to any other legal or financial remedies to which Avalaunch may be entitled.
You will not, directly or indirectly, use the Content, Submissions, Databases and any other information contained therein to compile mailing lists or other lists of food manufacturers or retailers for commercial purposes;
In addition, You acknowledge that the Content, Submissions, Databases and any other information contained therein are protected by law, including, but not limited to, United States and international copyright law and trademark law, as well as other state, federal, and international laws and regulations, including contract law, and laws pertaining to privacy and publicity.
NOTICE OF ENFORCEMENT
Avalaunch robustly enforces our intellectual property rights to the fullest extent under the law. Except as specifically contained herein, Avalaunch will prosecute any unauthorized use or reproduction of any of the Content, Submissions, Databases and any other information contained therein that violate the protection afforded by the United States and international copyright law and trademark law, and/or other state, federal, and international laws and regulations, including laws pertaining to contracts, and privacy and publicity.
On Avalaunch Media, “links” to other Internet addresses (“External Sites”) can be accessed. Such External Sites contain information created, maintained, published, or otherwise posted by organizations independent of Avalaunch. Avalaunch does not approve, certify, endorse, maintain, or control these External Sites and does not guarantee the accuracy, completeness, efficacy, timeliness, or correct sequencing of information located at such External Sites. Avalaunch provides the links only as a convenience. Use of any information obtained from such External Sites is voluntary, and reliance on it should only be undertaken after an independent review of its accuracy, completeness, efficacy, timeliness, or correct sequencing of information. Neither the inclusion of the link in Avalaunch Media nor reference therein to any specific commercial product, process, or service by trade name, trademarks, service mark, manufacturer, or otherwise constitutes or implies endorsement, recommendation, or favoring by Avalaunch.
There may be circumstances where access to Avalaunch Media is provided by a hypertext link located at an External Site. Avalaunch has no responsibility for the content of such other web site, Avalaunch does not make any representations or give any warranties or conditions with respect to any information contained in or at such other External Site and Avalaunch shall not be liable for any damages or injury arising from the content of or access to any External Site. Avalaunch does not endorse the individuals, companies or other similar entities, or any products or materials associated with such individuals, companies or other similar entities, which provide a link to Avalaunch Media. Unless approved in writing in advance by Avalaunch, You agree not to create any frames at any other sites pertaining to any of the Content located at Avalaunch Media.
AVALAUNCH MEDIA AND THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES AND/OR TYPOGRAPHICAL ERRORS. AVALAUNCH MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME WITHOUT NOTICE. AVALAUNCH MEDIA AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND EITHER EXPRESSED OR IMPLIED. AVALAUNCH DISCLAIMS, TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, ALL WARRANTIES AND CONDITIONS EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, CURRENCY, RELIABILITY, QUALITY, PERFORMANCE OR SUITABILITY OF THIS SITE, THE CONTENT, OR ANY PRODUCTS, SERVICES OR RESULTS OBTAINED ON OR THROUGH AVALAUNCH MEDIA.
AVALAUNCH DOES NOT REPRESENT OR WARRANT THE AVAILABILITY OF THE SITE, THAT AVALAUNCH MEDIA AND YOUR USE OF AVALAUNCH MEDIA WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT AVALAUNCH MEDIA OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. AVALAUNCH DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF AVALAUNCH MEDIA AND/OR THE CONTENT IN TERMS OF THEIR, ACCURACY, APPLICABILITY, CORRECTNESS, TIMELINESS, RELIABILITY, OR OTHERWISE. YOU (AND NOT Avalaunch) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. THE ABOVE EXCLUSION MAY NOT APPLY TO YOU, TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES. IN ADDITION TO THE FOREGOING, YOU AGREE THAT YOUR USE OF AVALAUNCH MEDIA AND THE CONTENT IS AT YOUR OWN RISK.
LIMITATIONS ON LIABILITY
AVALAUNCH WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY CAUSED BY YOUR USE OF AVALAUNCH MEDIA AND THE CONTENT, INCLUDING BUT NOT LIMITED TO, ANY COMPUTER VIRUS, DEFECT, DELAY IN OPERATION OF TRANSMISSION, ERROR, FAILURE OF PERFORMANCE, INTERRUPTION, OMISSION, OR LINE FAILURE. AVALAUNCH WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING BUT NOT LIMITED TO, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, CONSEQUENTIAL DAMAGES, LOST PROFITS AND DAMAGES THAT RESULT FROM INCONVENIENCE, DELAY, OR LOSS OF USE THAT RESULT FROM THE USE OF, THE INABILITY TO USE, OR RELIANCE UPON, AVALAUNCH MEDIA AND THE CONTENT OR ANY PRODUCTS OR SERVICES OBTAINED ON OR THROUGH AVALAUNCH MEDIA, EVEN IF THERE IS NEGLIGENCE BY AVALAUNCH OR BY AN AUTHORIZED AVALAUNCH REPRESENTATIVE, OR AN AUTHORIZED AVALAUNCH REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR ANY OF THE ABOVE. THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR SUCH DAMAGES. AVALAUNCH ‘STOTAL LIABILITY TO YOU FOR LOSSES, DAMAGES AND CAUSES OF ACTION WILL NOT BE GREATER THAN THE AMOUNT YOU PAID TO AVALAUNCH, IF ANY, TO ACCESS AVALAUNCH MEDIA OR ACCESS THE LICENSED CONTENT.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS AVALAUNCH, ITS OFFICERS, DIRECTORS EMPLOYEES, AGENTS, CONTENT PROVIDERS, CUSTOMERS AND SUPPLIERS FROM AND AGAINST ANY AND ALL ATTORNEYS’FEES, CLAIMS, COSTS AND EXPENSES, DAMAGES, INJURIES, LIABILITIES, LOSSES, PROCEEDINGS, RELATING TO OR ARISING FROM:
- i. YOUR USE OF AVALAUNCH MEDIA AND ANY OF THE CONTENT, OR ANY PRODUCTS OR SERVICES OBTAINED ON OR THROUGH AVALAUNCH MEDIA;
- ii. ANY ARRANGEMENTS YOU MAKE BASED ON THE CONTENT OBTAINED ON OR THROUGH AVALAUNCH MEDIA;
- iii. ANY BREACH BY YOU OF THIS USER AGREEMENT;
- iv. AND ANY ACTIVITY RELATED TO YOUR SERVICE ACCOUNT (INCLUDING INFRINGEMENT OF THIRD PARTIES’ WORLDWIDE INTELLECTUAL PROPERTY RIGHTS OR NEGLIGENT OR WRONGFUL CONDUCT) BY YOU OR ANY OTHER PERSON ACCESSING THE SITE USING YOUR AVALAUNCH MEDIA ACCOUNT.
ELEASE FOR FORCE MAJURE
You absolve and release Avalaunch and its affiliates from any claim of harm resulting from any cause(s) over which they do not have direct control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses or other damaging code or data, unauthorized access, theft, operator errors, severe weather, earthquakes, natural disasters, strikes or other labor problems, wars, or governmental restrictions.
TERM AND TERMINATION
This User Agreement will take effect at the time You click “I Agree” or access, browse or use Avalaunch Media or any of the Content, and continues in perpetuity unless terminated by You and/or Avalaunch. Avalaunch reserves the right, at any time and for any reason, without notice to You, (i) to deny You access to Avalaunch Media and any of the Content; (ii) to change, remove or discontinue any of the Content or services available on or through Avalaunch Media; or (iii) to terminate this User Agreement.
You may terminate this agreement at any time by destroying: (a) all of the Content obtained from Avalaunch Media, including, without limitation, permanently deleting all of the Content from any computer and/or media; and (b) all related documentation and all copies and installations, if any. In addition, and upon Avalaunch’s request, You agree to certify in writing that all of the Content has been destroyed. The warranty disclaimers, limitations and exclusions of liability, reservation and grant of property rights and other terms and conditions of this Agreement which by their nature are intended to survive will survive the termination or expiration of this Agreement for any reason.
Any notice or other document or communication required or permitted hereunder to Avalaunch will be deemed to have been duly given only if in writing and delivered by email to firstname.lastname@example.org and receipt acknowledged by Avalaunch. Notices to Avalaunch shall be deemed delivered when actually received by Avalaunch. Any notice or other document or communication required or permitted hereunder to You will be sent to the e-mail address that You provide to us when You register. Such notice will be deemed received by You the next business day after the e-mail is sent. Should You elect to send or receive e-mail communications of any kind to or from Avalaunch, You represent and warrant to Avalaunch that Your e-mail service has appropriate and adequate security systems necessary to prevent unauthorized access to outbound or inbound e-mail transmissions.
JURISDICTION; COMPLIANCE WITH LAWS
Except as described otherwise, Avalaunch controls and operates Avalaunch Media from the United States of America and makes no representation that the Content are appropriate or available for use in other locations. If You use Avalaunch Media from other locations, You are responsible for compliance with applicable local laws including, without limitation, all export laws. Some of the Content may be subject to export controls imposed by the United States and may not be downloaded or otherwise exported or reexported: (a) into (or to a national or resident of) any country to which the U.S. has placed an embargo, including without limitation, Cuba, Iran, Iraq, Libya, North Korea, Syria, or Yugoslavia; (b) to anyone in the US Treasury Department’s Specially Designated national list, or (c) to anyone on the US Commerce Department’s Table of Denial Orders. If You download or use the Content You represent and warrant that You are not located in, or under the control of, or a national or resident of any such country or on any such list. Access, browsing and use of Avalaunch Media, the Content and the terms and conditions of the User Agreement are governed by U.S. federal law and/or the laws of the State of Utah, excluding any conflict of laws provisions that would refer to and apply the substantive laws of another jurisdiction. SUBJECT TO THE MANDATORY ARBITRATION PROVISION BELOW, ANY LEGAL ACTION OR PROCEEDING RELATING TO YOUR ACCESS TO, OR USE OF, THE SITE SHALL BE INSTITUTED ONLY IN A STATE OR FEDERAL COURT LOCATED IN THE STATE OF UTAH, U.S.A., YOU AND Avalaunch AGREE TO SUBMIT TO THE JURISDICTION OF UTAH, AND AGREE THAT VENUE IS PROPER IN UTAH, THESE COURTS IN ANY SUCH LEGAL ACTION OR PROCEEDING.
Any controversy or dispute between You and Avalaunch (the “parties”) concerning Avalaunch Media or the Content shall be submitted to final and binding arbitration as the sole and exclusive remedy for such controversy or dispute. Any claim shall be made by filing a demand for arbitration within one (1) year following the occurrence first giving rise to the claim. The right and duty of the parties to resolve disputes by arbitration shall be governed exclusively by the Federal Arbitration Act, and arbitration shall take place according to the Commercial Rules of the American Arbitration Association. The arbitration will be held in Utah. Each of the parties shall bear all of its own costs of arbitration, except that the fees of the arbitrator shall be divided equally between the parties. The arbitrator shall have no authority to amend or modify the terms of this Agreement or to award punitive or exemplary damages, and the award may be enforced by judgment. Before, during, or after arbitration each party shall have the right, without awaiting the outcome of the arbitration, to seek interim injunctive relief from an appropriate court including but not limited to temporary restraining orders or preliminary injunctions. Seeking any such remedies shall not be deemed a waiver of either party’s right to compel arbitration.
No delay or omission by Avalaunch to exercise any right occurring upon any noncompliance on Your part with respect to any of the terms of this Agreement will impair any such right or power or be construed to be a waiver thereof. Any waiver by Avalaunch of any of the agreements, covenants, or conditions to be performed by You will not be construed to be a waiver of any succeeding breach thereof or of any covenant, condition or agreement herein contained.
Any of the provisions in this agreement that are found to be unenforceable or invalid, the remainder of the agreement shall remain in full force.
Avalaunch is an independent contractor; nothing in this Agreement shall be construed to create a partnership, joint venture, or agency relationship between You and Avalaunch.
CONTINUED USE DEEMED ACCEPTANCE
Avalaunch reserves the right, at its sole discretion, to change, alter, amend or otherwise modify this Agreement from time to time. All modifications will be posted on www.avalaunchrealestate.com and such modifications will become effective immediately upon the posting thereof. After any such modification becomes effective, Avalaunch will deem Your continued use of Avalaunch Media or any of the Content to constitute Your acceptance of and agreement to such modification. It is your responsibility to review this Agreement on a regular basis to keep yourself informed of any modifications.
This document constitutes the entirety of this agreement between You and Avalaunch and Your use of Avalaunch Media. Any and all discussions prior to this document, entered into agreements are terminated and cancelled in their entity have no force or effect in law.