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Terms & Conditions
Acceptance of Terms
Copyright Notice/Use Restrictions
The Materials and Services provided on this Site, as well as the arrangement of the content on the Site, are protected by law, including, but not limited to, copyright law and/or other intellectual property laws. Except as expressly authorized herein and/or by AVAIL, LLC or the copyright owner, none of the Materials may be modified, copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. In addition, the Materials or Services contained on this Site may not be "mirrored" on any other server without AVAIL, LLC's written permission. Further in accessing and using the Site, you agree to comply with all applicable laws and regulations, including United States export and re-export control laws and regulations.
Use of Software
The software, and accompanying documentation, if any, made available for download from this Site are the copyrighted works of AVAIL, LLC and/or its vendors. Use of the software is governed by the terms of the end user license agreement that accompanies or is included with such software. You may not download or install any software that is accompanied by or includes an end user license agreement unless you agree to the terms of such. If you do not agree to such terms do not download and install the software.
Use of Other Site Materials
You may display, copy, distribute and download the Materials on this Site (other than the Software and accompanying documentation and other than the design and layout of the Site) only for personal, non-commercial use, provided you do not modify the Materials and that you retain all copyright and other proprietary notices contained in such Materials.
The rights granted to you above constitute a license not a transfer of title. These rights terminate automatically if you breach any of these terms or conditions. Upon termination, you will immediately destroy any downloaded and printed materials.
The trademarks, service marks, logos, and trade dress (the "Trademarks') used and displayed on this Site are registered and unregistered Trademarks of AVAIL, LLC and others. Nothing on this Site grants, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site, without the express written permission of the Trademark owner. The name of AVAIL, LLC or the AVAIL, LLC logo may not be used in any way, including in advertising or publicity pertaining to distribution of Materials on this Site, without prior, written permission. AVAIL, LLC prohibits use of the AVAIL, LLC logo as a "hot" link to any AVAIL, LLC site unless establishment of such a link is approved in advance by AVAIL, LLC in writing.
A partial list of U.S. Trademarks owned by AVAIL, LLC follows. Any questions concerning the use of these Trademarks or whether a Trademark that does not appear on this list is a Trademark of AVAIL, LLC should be referred to AVAIL, LLC at 163 East Main Street, Lexington, Kentucky 40507, +1 859.963.1616.
Any material, information or idea you transmit to or post on this Site by any means will be treated as non-confidential and non-proprietary. By posting such material, information or ideas to the Site, you (i) grant to AVAIL, LLC and its affiliates an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit, distribute or create derivative works of such materials or information; (ii) agree that AVAIL, LLC is free to use any ideas, concepts, know-how or techniques that you send us for any purpose and (iii) warrant and represent that you own or otherwise control all of the rights to the materials, information and ideas and that public posting, use and distribution of such by AVAIL, LLC will not infringe or violate the rights of any third party.
You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law.
AVAIL, LLC is not responsible for any products sold herein that contain copyrighted material of any sort. However, if a product is found to contain copyrighted material of any kind without an explicit agreement between the rights holder and the creator of the product, please contact us at firstname.lastname@example.org and we will attempt to fix the issue as best we can, depending on the product, agreement, and other circumstances regarding the incident.
Use and Protection of Your Account Number and Password
You are responsible for maintaining the confidentiality of your account number and password. You are responsible for all uses of your account, whether or not actually or expressly authorized by you
Disclaimers and Limitations of Warranties
Information on this Site may contain technical inaccuracies or typographical errors. The Materials or Services contained within this Site, including the prices and descriptions of products, may be changed, updated or discontinued at any time without notice.
This Site is controlled and operated by AVAIL, LLC from its offices within the United States. AVAIL, LLC makes no representation that Materials or Services provided through 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 applicable local laws
Except as expressly provided otherwise in a written agreement (including licenses downloaded with Software) between you and AVAIL, LLC, ALL MATERIALS AND SERVICES ON THIS SITE ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND AND AVAIL, LLC, ALONG WITH ITS VENDORS, EXPRESSLY DISCLAIM ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. WITHOUT LIMITING THE FOREGOING, AVAIL, LLC DOES NOT WARRANT OR MAKE ANY RESPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE MATERIALS OR SERVICES ON THIS SITE OR ANY SITES LINKED TO THIS SITE. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you; however to the extent permissible, any implied warranties are limited to ninety (90) days.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL AVAIL, LLC OR ITS VENDORS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE MATERIALS OR SERVICES ON THIS SITE, OR FOR ANY USE OF THIS SITE, EVEN IF AVAIL, LLC OR A AVAIL, LLC AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THIS SITE, INCLUDING YOUR USE OF ANY MATERIALS OR SERVICES FROM THIS SITE, RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Termination of Access
We reserve the right to deny access to the Site to any person or entity whom we have reasonable grounds to believe may be using the Site for an unlawful or unauthorized purpose or in a manner that may harm us.
Your Privacy at getavail.com
At AVAIL, LLC we believe that understanding what our customers want for products, services, and information is an important part of building an interesting and useful online environment.
We have designed our website with this belief in mind, and we've created this policy statement so that you have easy access to information about our privacy policies and practices.
If you have any questions about AVAIL, LLC privacy statement or policies, please contact AVAIL, LLC. Or if you prefer, our postal address is:
163 East Main Street
Lexington, KY 40507
or reach us via phone at +1 859.963.1616.
Information that we collect online
In several areas of our site we ask you to provide information by filling out and submitting an online form. These areas include registration and during the ordering process.
Information that we do not collect
When you visit our site, we do not collect your name, email address, or any other personal information unless you provide it to us.
No personal information is passed to AVAIL, LLC from our affiliate partners.
How we use the information that we collect
By collecting information, we hope to make your current and future experiences with AVAIL, LLC as useful and effective as possible. We hope to keep you informed about changes in our products, changes that will provide you with increase value and positively impact the way that you work.
The information we collect about you and your visit will help us to refine our website so as to improve your experience. We analyze and use the information we collect in two ways; first, we review our customer information in the aggregate to determine which areas of the site are of most value, and which are less valuable. Second, we may use information gathered during a customer's visit to help customize his or her next visit to the site. Information we collect will allow us to provide you more immediate access to the kinds of information you value the most.
Certain product vendors require end user registration of their product in order to receive an authorization code or access to their products. This information may include name, company, address and email information. You will be notified during the order process when purchasing products that requires your customer information to be passed to the product vendor.
AVAIL, LLC does not sell, or distribute any customer information to anyone outside of our company.
AVAIL Subscription Plans are automatically renewing annual software license products. In order to purchase a license you must agree to the following terms: You authorize AVAIL through Chargify.com or other payment service to automatically bill the credit card you have provided until you cancel the annual Software License. Your credit card will be charged at the time of purchase for the entire amount and renewals will be billed on your anniversary date each subsequent year. You will receive email notification thirty (30) days prior to your Software License renewal. You may elect to cancel your Software License by notifying customer service at email@example.com or +1 859.963.1616. If you take no action, your Software License will renew and your credit card will be charged.
The Software License term begins the day of purchase and continues until the end of the licensing period. On the last day of each licensing term, your Software License will automatically renew for successive terms of the same duration unless you cancel the service.
PLEASE NOTE: All charges are non-refundable. No refunds will be issued if your Software License is canceled before the end of the licensing term. However, your license will remain active until the end of the paid licensing period.