Terms of Use


These Terms of Use ("Terms") are a binding legal contract between Avid Secure, Inc. ("Avid Secure", "we", "us" or "our") and any user or visitor ("you" or "your") to the Avid Secure website at www.avidsecure.io (the "Website”) and any  text, data, information, graphics, photographs and other content (all of which is collectively referred to as the "Materials") that Avid Secure may provide through this Website. These Terms do not apply, however, to use of or access to our Software as a Service (“SaaS Services”) which are subject to our Software as a Service Agreement.

READ THESE TERMS CAREFULLY BEFORE BROWSING THIS WEBSITE OR USING THE MATERIALS. USING THIS WEBSITE OR THE MATERIALS  INDICATES THAT YOU HAVE BOTH READ AND ACCEPT THESE TERMS. YOU CANNOT USE THIS WEBSITE OR SERVICES IF YOU DO NOT ACCEPT THESE TERMS.

CHANGES

Avid Secure may alter the Website and Materials it offers you and/or choose to modify, suspend or discontinue this Website at any time and without notifying you. Avid Secure may also change, update, add or remove provisions (collectively, "modifications") of these Terms from time to time.  Avid Secure will use commercially reasonable efforts to inform you of any modifications to these Terms by posting them on this Website and, if you have registered with Avid Secure, by describing the modifications to these Terms in an email that Avid Secure will send to the address that you provided during registration.

If you object to any such modifications, your sole recourse shall be to cease using this Website. Continued use of this Website following notice of any such modifications indicates you acknowledge and agree to be bound by the modifications.

GENERAL USE

The Website is a general information website regarding our products and services.   If you sign up to use any of our SaaS Services, you must agreeto our Software as a Service Agreement.

In these Terms we are granting you a limited, personal, non-exclusive and non-transferable license to view the Website and display and download the Materials solely for your personal, non-commercial use (“Permitted Purposes”). You have no other rights in this Website, or any Materials and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of this Website or Materials in any manner. If you make copies of any of this Website while engaging in Permitted Purposes then we ask that you be sure to keep on the copies all of our copyright and other proprietary notices as they appear on this Website and Materials.

Unfortunately, if you breach any of these Terms the above license will terminate automatically and you must immediately destroy any downloaded or printed Materials (and any copies thereof) and cease any use of the Website.

PRIVACY POLICY

We value your privacy.  Our Privacy Policy ("Privacy Policy") explains our information practices with respect to personal and other information we collect from users of our Website. By using the Website or any services provided through the Website you agree to our Privacy Policy.

LINKS TO THIRD-PARTY SITES.

We may provide links on this Website to third-party websites. If you use these links, you will leave this Website. We are not obligated to review any third-party websites that you link to from this Website, we do not control any of the third-party websites, and we are not responsible for any of the third-party websites (or the products, services, or content available through any of them). If you decide to access any of the third-party websites linked to from this Website, you do this entirely at your own risk and you must follow the privacy policies and terms and conditions for those third-party websites.

UNAUTHORIZED ACTIVITIES

To be clear, we authorize your use of this Website only for Permitted Purposes. Any other use of this Website beyond the Permitted Purposes is prohibited and, therefore, constitutes unauthorized use of this Website. This is because as between you and us, all rights in this Website and the Services remain our property.

Unauthorized use of this Website may result in violation of various United States and international copyright laws. Unless you have written permission from us stating otherwise, you are not authorized to use this Website or the Materials in any of the following ways (these are examples only and the list below is not a complete list of everything that you are not permitted to do):

  • For any public or commercial purpose which includes use of this Website on another site or through a networked computer environment;
  • In a manner that modifies, publicly displays, publicly performs, reproduces or distributes any of this Website;
  • In a manner that violates any local, state, national, foreign, or international statute, regulation, rule, order, treaty, or other law;
  • To stalk, harass, or harm another individual;
  • To impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
  • To interfere with or disrupt this Website or servers or networks connected to this Website;
  • To use any data mining, robots, or similar data gathering or extraction methods in connection with this Website; or
  • Attempt to gain unauthorized access to any portion of this Website or any other accounts, computer systems, or networks connected to this Website, whether through hacking, password mining, or any other means.
PROPRIETARY RIGHTS

"Avid Secure" is a trademark that belongs to us. Other trademarks, names and logos on this Website are the property of their respective owners.

Unless otherwise specified in these Terms, all Materials, including the arrangement of them on this Website are our sole property, Copyright © 2017. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.

DISCLAIMER OF WARRANTIES

THIS WEBSITE, MATERIALS AND ANY SERVICES ARE PROVIDED "AS IS" AND "WITH ALL FAULTS" AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THIS WEBSITE, SERVICES AND MATERIALS IS WITH YOU.

WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND (EXPRESS, IMPLIED OR STATUTORY) WITH RESPECT TO THIS WEBSITE, WHICH INCLUDES BUT IS NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS.

THIS MEANS THAT WE DO NOT PROMISE YOU THAT THE WEBSITE, MATERIALS OR SERVICES. Without limiting the generality of the foregoing, we make no warranty that this Website or the Materials will meet your requirements or that this Website will be uninterrupted, timely, secure, or error free or that defects in this Website will be corrected.  We make no warranty as to the results that may be obtained from the use of this Website or as to the accuracy or reliability of any information obtained through this Website. No advice or information, whether oral or written, obtained by you through this Website, or from us or our subsidiaries/other affiliated companies shall create any warranty. We disclaim all equitable indemnities.

LIMITATION OF LIABILITY

WE SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIALS TO OR FROM THIS WEBSITE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF WE KNOW THERE IS A POSSIBILITY OF SUCH DAMAGE.

SOME STATES PROHIBIT OR LIMIT EXCLUSIONS OR LIMITATION OF LIABILITY AND SO THE FOREGOING MAY NOT APPLY TO YOU.

LOCAL LAWS; EXPORT CONTROL

We control and operate this Website and the Materials from our headquarters in the United States of America and the entirety of this Website may not be appropriate or available for use in other locations. If you use this Website or the Materaisl outside the United States of America, you are solely responsible for following applicable local laws.

FEEDBACK

Any submissions by you to us regarding this Website, the Materials or our services, or any proposed features or functionality of the same (e.g., comments, questions, suggestions, materials - collectively, "Feedback") through any communication whatsoever (e.g., call, fax, email) will be treated as both non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and we are free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. You understand and agree that we are not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.

DISPUTE RESOLUTION AND CHOICE OF LAW

These Terms are governed by the laws of the State of California, without regarding to its choice of law principles.  The exclusive venue for any action arising out or relating to the Site or the Materials shall be a court of competent jurisdiction located in San Francisco, California.  You expressly consent to the jurisdiction of said courts.

GENERAL

We have the right to terminate your access to this Website and the Materials without prior notice to you if your violate any of these Terms. If any of these Terms are deemed inconsistent with applicable law, then such term(s) shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. By choosing not to enforce any of these Terms, we are not waiving our rights. These Terms are the entire agreement between you and us and, therefore, supersede all prior or contemporaneous negotiations, discussions or agreements.

CONTACT US

If you have any questions about these Terms or otherwise need to contact us for any reason, you can reach us at info@avidsecure.io.