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SPECIAL PROMOTION: FREE CALMING MIST & USA SHIPPING WITH $50 ORDER

SPECIAL PROMOTION: FREE CALMING MIST & USA SHIPPING WITH $50 ORDER

SPECIAL PROMOTION: FREE CALMING MIST & USA SHIPPING WITH $50 ORDER

SPECIAL PROMOTION: FREE CALMING MIST & USA SHIPPING WITH $50 ORDER

Terms of Use Agreement

This Terms of Use Agreement (“Agreement” or “AGREEMENT”), along with Our Company Privacy Policy , constitute a legally binding agreement made between You, whether personally or on behalf of an entity (“User” or “You” or “Your”) and Avoscience LLC, a Wyoming Limited Liability Company and its affiliated companies, websites, applications and tools (collectively, “Company” or “We” or “Us” or “Our”), concerning Your access to and use of this Website as well as any other media form, media channel, mobile website or mobile application related or connected thereto (collectively, the “Sites”). Supplemental terms and conditions or documents that may be posted on the Sites from time to time, are hereby expressly incorporated into this Agreement by reference.

Company makes no representation that the Sites are appropriate or available in other locations other than where it is operated by Company. The information provided on the Sites is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Company to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Sites from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

In order to use the Website, (a) You must be 18 years or older and have the power to enter into a binding contract with Us and not be barred from doing so under any applicable laws; (b) If You are a minor in the jurisdiction in which You reside (generally under the age of 18) You must have the permission of, and be directly supervised by, Your parent or guardian to use the Sites. If You are a minor in the jurisdiction in which You reside, You must have your parent or guardian read and agree to the Agreement prior to Your using the Sites. Persons under the age of 13 are not permitted to register for the Sites or use the Company Services.
YOU ACCEPT AND AGREE TO BE BOUND BY THIS AGREEMENT AND OUR PRIVACY POLICY BY USING THE WEBSITE. IF YOU DO NOT AGREE TO ANYTHING CONTAINED HEREIN OR IN OUR PRIVACY POLICY, OR TO MODIFICATIONS THAT COMPANY MAY MAKE TO THIS AGREEMENT OR OUR PRIVACY POLICY IN THE FUTURE, DO NOT USE OR ACCESS OR CONTINUE TO USE OR ACCESS THE WEBSITE.
THIS AGREEMENT INCLUDES A CLASS ACTION WAIVER AND REQUIRES BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES. (SEE SECTIONS 15 AND 16)

1. PURCHASES; PAYMENT
By using the Website and placing an order You agree to pay Company all charges at the prices then in effect for the products You or other persons using Your billing account may purchase, and You authorize Company to charge Your chosen payment provider for any such purchases. You agree to make payment using that selected payment method. Company reserves the right to correct any errors or mistakes in pricing that it makes even if it has already requested or received payment. Sales tax will be added to the sales price of purchases as deemed required by Company. Company may change prices at any time. All payments shall be in U.S. dollars.

Shipping within the United States is free. Company will use its best efforts to ship products You have ordered as soon as possible after You complete Your order. If a product is not available for immediate delivery We will notify You by email and the product will be shipped as soon as it becomes available. Company shall not be liable for any loss, damage, cost, or expense related to any delay in shipment or delivery. The risk of loss and title to all items purchased will pass to You upon Our delivery of the product to a shipment carrier. Company may reject orders where the delivery address is outside the United States and delivery of the product to that address is forbidden by law. Company will collect sales tax when required by applicable law and will include shipping charges for products shipped outside the United States. For all orders shipped outside the United States, which will be subject to applicable law, You will be responsible for and will pay all applicable taxes, shipping, customs clearance, duties and import requirements from the Company’s location in the United States to Your foreign shipping address.

2. USER REPRESENTATIONS

Regarding Your Registration

By using the Company Services, You represent and warrant that:

A. All registration information You submit is truthful and accurate;
B. Yu will maintain the accuracy of such information;
C. You will keep Your password confidential and will be responsible for all use of Your password and account;
D. You are not a minor in the jurisdiction in which You reside, or if a minor, You have received parental permission to use Our Sites; and
E. Your use of the Company Services does not violate any applicable law or regulation.

You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Sites’ registration form and (b) maintain and promptly update registration data to keep it true, accurate, current and complete. If You provide any information that is untrue, inaccurate, not current or incomplete, or Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Company has the right to suspend or terminate Your account and refuse any and all current or future use of the Sites (or any portion thereof).

We reserve the right to remove or reclaim or change a User name You select if We determine that such action is appropriate in Our discretion, such as when the User name is obscene or otherwise objectionable or when a trademark owner complains about a username that does not closely relate to a User’s actual name.

3. USER GENERATED CONTENT
Users of the Website may be invited to chat, contribute to, or participate in blogs, message boards, online forums and other functionality, and may provide You with the opportunity to create, submit, post, display, transmit, perform, publish, distribute or broadcast content and materials to the Company or on the Site, including, but not limited to, text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material. (Collectively “User Generated Content”). Any such User Generated Content may be treated as non-confidential and non-proprietary. When You create or make available User Generated Content, You thereby represent and warrant that:
A. The creation, distribution, transmission, public display or performance, and the accessing, downloading or copying of Your User Generated Content does not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret or moral rights of any third party;
B. You are the creator and owner of or have the necessary licenses, rights, consents, releases and permissions to use and to authorize Company and the Sites’ Users to use Your User Generated Content in any manner contemplated by the Site and this Agreement.
C. You have the written consent, release, and/or permission of each and every identifiable person in Your User Generated Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of Your User Generated Content in any manner contemplated by the Site and this Agreement.
D. Your User Generated Content is not obscene, lewd, lascivious, filthy, violent, harassing libelous, slanderous or otherwise objectionable (as determined in the sole and absolute discretion of the Company);
E. Your User Generated Content does not ridicule, mock, disparage, intimidate, or abuse anyone.
F. Your User Generated Content is not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
G. Your User Generated Content does not violate any applicable law, regulation or rule.
H. Your User Generated Content does not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
I. Your User Generated Content does not contain material that solicits Personal Information from anyone under 18 or exploit people under the age of 18 in any manner.
J. Your User Generated Content does not include any offensive comments that are connected to race, national origin, gender, sexual preference or physical handicap;
K. Your User Generated Content does not otherwise violate, or link to material that violates, any provision of this Agreement or any applicable law or regulation.

4. USER GENERATED CONTENT LICENSE

By posting Your User Generated Content to any part of the Sites, or making it accessible to the Sites by linking Your account to any of Your social network accounts, You automatically grant, and You represent and warrant that You have the right to grant, to Company an unrestricted, unconditional, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part) and distribute such User Generated Content (including, without limitation, Your image and voice) for any purpose, commercial, advertising, or otherwise, to prepare derivative works of, or incorporate into other works, such User Generated Content, and to grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels. Such use and distribution license will apply to any form, media, or technology now known or hereafter developed, and includes our use of Your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names and logos, personal and commercial images You provide. Company does not assert any ownership over Your User Generated Content; rather, as between us and You, subject to the rights granted to Us in this Agreement, You retain full ownership of all of Your User Generated Content and any intellectual property rights or other proprietary rights associated with Your User Generated Content. We will not use Your User Generated Content in a way that infringes on Your rights and always process Your Personal Information, which is defined in Our Company Privacy Policy lawfully and with Your consent.

Company has the right, in Our sole and absolute discretion, to (i) edit, redact or otherwise change any User Generated Content, (ii) re-categorize any User Generated Content to place it in more appropriate locations or (iii) pre-screen or delete any User Generated Content that in Our discretion is determined to be inappropriate or otherwise in violation of this Agreement.

By uploading Your User Generated Content to the Sites, You hereby authorize Company to grant to each end user a personal, limited, no-transferable, perpetual, non-exclusive, royalty-free, fully-paid license to access, download, print and otherwise use Your User Generated Content for their internal purposes and not for distribution, transfer, sale or commercial exploitation of any kind.

5. GUIDELINES FOR REVIEWS

Company may accept, reject or remove reviews in its sole discretion. Company has absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Those persons posting reviews should comply with the following criteria: (1) reviewers should have firsthand experience with the person/entity being reviewed; (2) reviews should not contain: offensive language, profanity, or abusive, racist, or hate language; discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation or disability; or references to illegal activity; (3) reviewers should not be affiliated with competitors if posting negative reviews; (4) reviewers should not make any conclusions as to the legality of conduct; and (5) reviewers may not post any false statements or organize a campaign encouraging others to post reviews, whether positive or negative. Reviews are not endorsed by Company, and do not represent the views of Company or of any affiliate or partner of Company. Company does not assume liability for any review or for any claims, liabilities or losses resulting from any review. By posting a review, the reviewer hereby grants to Company a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sub licensable license to Company to reproduce, modify, translate, transmit by any means, display, perform and/or distribute all content relating to reviews.

6. MOBILE APPLICATION LICENSE

Use License

If You are accessing the Company Services via a mobile application, then Company grants You a revocable, non-exclusive, non-transferable, limited right to install and use the application on wireless handsets owned and controlled by You, and to access and use the application on such devices strictly in accordance with the terms and conditions of this license. You shall not: (a) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application; (b) make any modification, adaptation, improvement, enhancement, translation or derivative work from the application; (c) violate any applicable laws, rules or regulations in connection with Your access or use of the application; (d) remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of Company or its affiliates, partners, suppliers or the licensors of the application; (e) use the application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (f) make the application available over a network or other environment permitting access or use by multiple devices or Users at the same time; (g) use the application for creating a product, service or software that is, directly or indirectly, competitive with or in any way a substitute for the application; (h) use the application to send automated queries to any Sites or to send any unsolicited commercial e-mail; or (i) use any proprietary information or interfaces of Company or other intellectual property of Company in the design, development, manufacture, licensing or distribution of any applications, accessories or devices for use with the application.

7. SUBMISSIONS

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Sites or the Company Services (“Submissions”) provided by You to Company are non- confidential and Company (as well as any designee of Company) shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to You.

8. PROHIBITED ACTIVITIES

You may not access or use the Sites for any purpose other than that for which Company makes it available. The Sites may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by Company. Prohibited activity includes, but is not limited to:

A. Attempting to bypass any measures of the Sites designed to prevent or restrict access to the Sites, or any portion of the Sites.
B. Attempting to impersonate another User or person or using the username of another User.
C. Criminal or tortious activity.
D. Deciphering, decompiling, disassembling or reverse engineering any of the software comprising or in any way making up a part of the Sites.
E. Deleting the copyright or other proprietary rights notice from any Sites’ content.
F. Engaging in any automated use of the system, such as using any data mining, robots or similar data gathering and extraction tools.
G. Except as may be the result of standard search engine or Internet browser usage, using or launching, developing or distributing any automated system, including, without limitation, any spider, robot (or “bot”), cheat utility, scraper or offline reader that accesses the Sites, or using or launching any unauthorized script or other software.
H. Harassing, annoying, intimidating or threatening any Company employees or agents engaged in providing any portion of the Company Services to You.
I. Interfering with, disrupting, or creating an undue burden on the Sites or the networks or services connected to the Sites.
J. Making any unauthorized use of the Company Services, including collecting usernames and/or email addresses of Users by electronic or other means for the purpose of sending unsolicited email, or creating User accounts by automated means or under false pretenses.
K. Selling or otherwise transferring Your profile.
L. Systematic retrieval of data or other content from the Sites to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Company.
M. Tricking, defrauding or misleading Company and other Users, especially in any attempt to learn sensitive account information such as passwords.
N. Using any information obtained from the Sites in order to harass, abuse, or harm another person.
O. Using the Company Services as part of any effort to compete with Company or to provide services as a service bureau.
P. Using the Sites in a manner inconsistent with any and all applicable laws and regulations.

9. INTELLECTUAL PROPERTY RIGHTS

The content on the Sites (“Company Content”) and the trademarks, service marks and logos contained therein (“Marks”) are owned by or licensed to Company, and are subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Company Content, includes, without limitation, all source code, databases, functionality, software, Sites’ designs, audio, video, text, photographs and graphics. All Company graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, common law trademarks or trade dress of Company in the United States and/or other countries. Company trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company.

Company Content on the Sites is provided to You “AS IS” for Your information and personal use only and may not be used, copied, reproduced, aggregated, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Provided that You are eligible to use the Sites, You are granted a limited license to access and use the Sites and the Company Content and to download or print a copy of any portion of the Company Content to which You have properly gained access solely for Your personal, non-commercial use. Company reserves all rights not expressly granted to You in and to the Sites and Company Content and Marks.

10. THIRD PARTY WEBSITES AND CONTENT

The Sites contains (or You may be sent through the Sites or the Company Services) links to other websites (“Third Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the “Third Party Content”). Such Third Party Websites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by Us, and We are not responsible for any Third Party Websites accessed through the Sites or any Third Party Content posted on, available through or installed from the Sites, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Websites or the Third Party Content. Inclusion of, linking to or permitting the use or installation of any Third Party Websites or any Third Party Content does not imply approval or endorsement thereof by Us. If You decide to leave the Sites and access the Third Party Websites or to use or install any Third Party Content, You do so at Your own risk and You should be aware that Our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any websites to which You navigate from the Sites or relating to any applications You use or install from the Sites. Any purchases You make through Third Party Websites will be through other websites and from other companies, and Company takes no responsibility whatsoever in relation to such purchases which are exclusively between You and the applicable third party.

11. SITE MANAGEMENT

Company reserves the right, but does not have the obligation to:

A. monitor the Sites for violations of this Agreement;
B. take appropriate legal action against anyone who, in Company’s sole discretion, violates this Agreement, including without limitation, reporting such User to law enforcement authorities;
C. in Company’s sole discretion and without limitation, refuse, restrict access to or availability of, or disable (to the extent technologically feasible) any User Generated Content or any portion thereof that may violate this Agreement or any Company policy;
D. in Company’s sole discretion and without limitation, notice or liability, to remove from the Sites or otherwise disable all files and content that are excessive in size or are in any way burdensome to Company’s systems;
E. otherwise manage the Sites in a manner designed to protect the rights and property of Company and others and to facilitate the proper functioning of the Sites.

12. DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) NOTICE AND POLICY

Notifications

If You believe that content available on or through Our Sites infringes one or more of Your copyrights, please immediately notify Our Designated Copyright Agent by mail, email or faxed notice (“Notification”) providing the information described below, which Notification is pursuant to DMCA 17 U.S.C. § 512(c)(3). A copy of Your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to federal law You may be held liable for damages if You make material misrepresentations in a Notification. Thus, if You are not sure that content located on or linked to by Our Sites infringes Your copyright, You should consider first contacting an attorney. Our Sites have a policy of terminating repeat infringers in appropriate circumstances.

All Notifications should include the following:

A. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
B. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at that website.
C. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Us to locate the material.
D. Information reasonably sufficient to permit Us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
E. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
F. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Notifications should be sent to Our Designated Copyright Agent as follows:

Designated Copyright Agent

Copyright Agent Name: Charles Edwards

Address: 30 N Gould St., Ste. 6791, Sheridan, Wyoming 82801
Fax: (208) 902-2562
Email: charlie.edwards@avoscience.com
Phone: (800) 295-7839

We also will advise the alleged infringer of the DMCA statutory Counter Notification procedure described below by which the alleged infringer may respond to Your claim and request that We restore this material.

Counter Notification

If You believe Your own copyrighted material has been removed from Our Sites and/or Our service as a result of mistake or misidentification, You may submit a written counter notification (“Counter Notification”) to Our Designated Copyright Agent pursuant to DMCA 17 U.S.C. § 512(g)(2) and (3). To be an effective Counter Notification under the DMCA, Your Counter Notification must include substantially the following:

A. Identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled.
B. A statement that You consent to the jurisdiction of the Federal District Court in which Your address is located, or if Your address is outside the United States, for any judicial district in which Company is located.
C. A statement that You will accept service of process from the party that filed the Notification or the party’s agent.
D. Your name, address and telephone number.
E. A statement under penalty of perjury that You have a good faith belief that the material in question was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
F. Your physical or electronic signature.

You may submit Your Counter Notification to Our Designated Copyright Agent by fax, mail, or email as set forth above.

If You send Us a valid, written Counter Notification meeting the requirements described above, We will restore Your removed or disabled material after ten (10) business days but no later than fourteen (14) business days from the date We receive Your Counter Notification, unless Our Designated Copyright Agent first receives notice from the party filing the original Notification informing Us that such party has filed a court action to restrain You from engaging in infringing activity related to the material in question. Please note that if You materially misrepresent that the disabled or removed content was removed by mistake or misidentification, You may be liable for damages, including costs and attorney’s fees. Filing a false Counter Notification constitutes perjury.

13. TERM AND TERMINATION

This Agreement shall remain in full force and effect while You use the Sites or are otherwise a User or member of the Sites, as applicable. You may terminate Your use or participation at any time, for any reason, by following the instructions for terminating User accounts in Your account settings, if available, or by contacting Us using the Contact Information below.

WITHOUT LIMITING ANY OTHER PROVISION OF THIS AGREEMENT, COMPANY RESERVES THE RIGHT TO, IN COMPANY’S SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITES AND THE COMPANY SERVICES, TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THIS AGREEMENT, OR OF ANY APPLICABLE LAW OR REGULATION, AND COMPANY MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITES AND THE COMPANY SERVICES, DELETE YOUR PROFILE AND ANY CONTENT OR INFORMATION THAT YOU HAVE POSTED AT ANY TIME, WITHOUT WARNING, IN COMPANY’S SOLE DISCRETION.

In order to protect the integrity of the Sites and Company Services, Company reserves the right at any time in its sole discretion to block certain IP addresses from accessing the Sites and Company Services.

Any provisions of this Agreement that, in order to fulfill the purposes of such provisions, need to survive the termination or expiration of this Agreement, shall be deemed to survive for as long as necessary to fulfill such purposes.

YOU UNDERSTAND THAT CERTAIN STATES ALLOW YOU TO CANCEL THIS AGREEMENT, WITHOUT ANY PENALTY OR OBLIGATION, AT ANY TIME PRIOR TO MIDNIGHT OF COMPANY’S THIRD BUSINESS DAY FOLLOWING THE DATE OF THIS AGREEMENT, EXCLUDING SUNDAYS AND HOLIDAYS. TO CANCEL, USE THE CONTACT INFORMATION LISTING BELOW IN THIS AGREEMENT. THIS SECTION APPLIES ONLY TO INDIVIDUALS RESIDING IN STATES WITH SUCH LAWS.

If Company terminates or suspends Your account for any reason, You are prohibited from registering and creating a new account under Your name, a fake or borrowed name, or the name of any third party, even if You may be acting on behalf of the third party. In addition to terminating or suspending Your account, Company reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

14. MODIFICATIONS

To Agreement

Company may modify this Agreement from time to time. Any and all changes to this Agreement will be posted on the Sites and revisions will be indicated by date. You agree to be bound to any changes to this Agreement when You use the Company Services after any such modification becomes effective. It is therefore important that You regularly review this Agreement to ensure You are informed of changes. You agree that You will periodically check the Sites for updates to this Agreement. Modifications to this Agreement shall be effective after posting.

To Services

Company reserves the right at any time to modify or discontinue, temporarily or permanently, the Company Services (or any part thereof) with or without notice. You agree that Company shall not be liable to You or to any third party for any modification, suspension or discontinuance of the Company Services.

15. DISPUTES

Between Users

If there is a dispute between Users of the Sites, or between Users and any third party, You understand and agree that Company is under no obligation to become involved. In the event that You have a dispute with one or more other Users, You hereby release Company, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or the Company Services.

With Company

A. Governing Law; Jurisdiction. This Agreement and all aspects of the Sites and Company Services shall be governed by and construed in accordance with the internal laws of the State of Wyoming, without regard to conflict of law provisions. With respect to any disputes or claims not subject to informal dispute resolution or arbitration (as set forth below), You agree not to commence or prosecute any action in connection therewith other than in the state and federal courts located in Laramie County, State of Wyoming, and You hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods is excluded from this Agreement. Additionally, application of the Uniform Computer Information Transaction Act (UCITA) is excluded from this Agreement. In no event shall any claim, action or proceeding by You related in any way to the Sites or the Company’s Services or products be instituted more than one (1) year after the cause of action arose.

B. Informal Resolution. To expedite resolution and control the cost of any dispute, controversy or claim related to this Agreement (“Dispute”), You and Company agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least sixty (60) days before initiating any arbitration or court proceeding. Such informal negotiations commence upon written notice from one person to the other.

C. Binding Arbitration. If You and Company are unable to resolve a Dispute through informal negotiations, either You or the Company may elect to have the Dispute (except those Disputes expressly excluded below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website www.adr.org. If You and the Company cannot agree as to whether a Dispute is within the exceptions to arbitration set forth below the determination of whether a Dispute is subject to arbitration or is excluded as set forth herein shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Your arbitration fees and Your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Laramie County, State of Wyoming. Except as otherwise provided in this Agreement, You and Company may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.

D. Restrictions. You and Company agree that any arbitration shall be limited to the Dispute between Company and You individually. To the full extent permitted by law, (1) no arbitration shall be joined with any other; (2) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (3) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

E. Exceptions to Informal Negotiations and Arbitration. You and Company agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (1) any Disputes seeking to enforce or protect, or concerning the validity of any of Your or Company’s intellectual property rights; (2) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (3) any claim for injunctive relief. If this Section is found to be illegal or unenforceable then neither You nor Company will elect to arbitrate any Dispute falling within that portion of this Section found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and You and Company agree to submit to the personal jurisdiction of that court.

F. No Waiver. Failure or any delay in enforcing this arbitration provision in connection with any particular Dispute will not constitute a waiver of any rights to require arbitration at a later time or in connection with any other Disputes. This provision is the entire arbitration agreement between You and Company and shall not be modified except in writing by Company.

G. Survival and Severability. This Section 15 survives termination of Your account or relationship with Company, bankruptcy, assignment or transfer. If a portion of this arbitration provision is deemed unenforceable, the remaining portions of this arbitration provision shall remain in full force and effect.

16. CLASS ACTION AND REPRESENTATIVE WAIVER. YOU AND THE COMPANY AGREE THAT ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE, WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS, AND THAT NEITHER YOU NOR THE COMPANY WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, A REPRESENTATIVE ACTION, A COLLECTIVE ACTION, A PRIVATE ATTORNEY-GENERAL ACTION, OR IN ANY PROCEEDING IN WHICH YOU OR THE COMPANY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. YOU AND THE COMPANY FURTHER AGREE THAT NO ARBITRATION OR PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER ARBITRATION OR PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF BOTH YOU AND THE COMPANY. INJUNCTIVE RELIEF MAY BE AWARDED ONLY IN FAVOR OF AN INDIVIDUAL PARTY SEEKING THAT TYPE OF RELIEF AND ONLY TO THE EXTENT AN ARBITRATOR MAY AWARD INJUNCTIVE RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE THE RELIEF WARRANTED BY THAT PARTY’S INDIVIDUAL CLAIM.

17. CORRECTIONS

Occasionally there may be information on the Sites that contains typographical errors, inaccuracies or omissions that may relate to service descriptions, pricing, availability, and various other information. Company reserves the right to correct any errors, inaccuracies or omissions and to change or update the information at any time, without prior notice.

18. DISCLAIMERS

COMPANY CANNOT CONTROL THE NATURE OF ALL OF THE CONTENT AVAILABLE ON THE SITES. BY OPERATING THE SITES, COMPANY DOES NOT REPRESENT OR IMPLY THAT COMPANY: ENDORSES ANY BLOGS, USER GENERATED CONTENT OR OTHER CONTENT AVAILABLE ON OR LINKED TO BY THE SITES, INCLUDING WITHOUT LIMITATION CONTENT HOSTED ON THIRD PARTY WEBSITES OR PROVIDED BY THIRD PARTY APPLICATIONS; OR THAT COMPANY BELIEVES USER GENERATED CONTENT, BLOGS OR OTHER CONTENT TO BE ACCURATE, USEFUL OR NON-HARMFUL. COMPANY DOES NOT CONTROL AND IS NOT RESPONSIBLE FOR UNLAWFUL OR OTHERWISE OBJECTIONABLE CONTENT YOU MAY ENCOUNTER ON THE SITES OR IN CONNECTION WITH ANY USER GENERATED CONTENT. THE COMPANY IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SITES OR COMPANY SERVICES.

YOU AGREE THAT YOUR USE OF THE SITES AND COMPANY SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITES AND THE COMPANY SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITES’ CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO OUR SITES AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITES, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITES OR COMPANY SERVICES, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITES BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITES. COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITES OR ANY HYPERLINKED SITES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

ALL CONTENT, PRODUCTS, AND SERVICES ON THE WEBSITE ARE PROVIDED TO YOU “AS IS” WITHOUT ANY GUARANTEES, OR WARRANTY, UNLESS SPECIFICALLY SET FORTH ON THE WEBSITE. COMPANY EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

19. LIMITATIONS OF LIABILITY

TO THE GREATEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY OR ITS DIRECTORS, OFFICERS, PARTNERS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITES OR COMPANY’S SERVICES OR PRODUCTS, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, COMPANY’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO COMPANY FOR THE COMPANY SERVICES AND PRODUCTS DURING THE PERIOD OF THREE MONTHS PRIOR TO ANY CAUSE OF ACTION ARISING. THIS APPLIES REGARDLESS OF THE MANNER IN WHICH ANY ALLEGED DAMAGES ARE CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT, OR OTHERWISE.

IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

20. INDEMNITY

You agree to defend, indemnify and hold Company, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from and against, any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of Your “User Generated Content” described above, use of the Company Services, including the ordering and use of a Product from the Sites, and/or arising from a breach of this Agreement and/or any breach of Your representations and warranties set forth above. Notwithstanding the foregoing, Company reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify Company, and You agree to cooperate, at Your expense, with Company’s defense of such claims. Company will use reasonable efforts to notify You of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

21. NOTICES

Except as explicitly stated otherwise, any notices given to Company shall be given by email to the address listed in the Contact Information below. Any notices given to You shall be given to the email address You provided during the registration process, or such other address as each party may specify. Notice shall be deemed to be given twenty-four (24) hours after the email is sent, unless the sending party is notified that the email address is invalid. We may also choose to send notices by regular mail.

22. USER DATA

Our Sites will maintain certain data that You transfer to the Sites for the purpose of the performance of the Company Services, as well as data relating to Your use of the Company Services. Although We perform regular routine backups of data, You are primarily responsible for all data that You have transferred or that relates to any activity You have undertaken using the Company Services. You agree that Company shall have no liability to You for any loss or corruption of any such data, and You hereby waive any right of action against Company arising from any such loss or corruption of such data.

23. ELECTRONIC CONTRACTING

Your use of the Company Services includes the ability to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS AND TO BE BOUND BY THE TERMS OF THIS AGREEMENT. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO RELATING TO THE COMPANY SERVICES, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS. In order to access and retain Your electronic records, You may be required to have certain hardware and software, which are Your sole responsibility.

24. MISCELLANEOUS

This Agreement constitutes the entire agreement between You and Company regarding the use of the Company Services. The failure of Company to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. This Agreement and Your account may not be assigned by You without Our express written consent. Company may assign any or all of its rights and obligations to others at any time. Company shall not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond Company’s reasonable control. If any provision or part of a provision of this Agreement is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between You and Company as a result of this Agreement or use of the Sites and Company Services. Upon Company’s request, You will furnish Company any documentation, substantiation or releases necessary to verify Your compliance with this Agreement. You agree that this Agreement will not be construed against Company by virtue of having drafted them. You hereby waive any and all defenses You may have based on the electronic form of this Agreement and the lack of signing by the parties hereto to execute this Agreement.

Remedies for Company. In order to avoid irreparable injury to Company, in the event of any breach or threatened breach by You of the provisions of this Agreement, We shall be entitled to seek an injunction and/or other equitable relief restraining such breach. Nothing in this Agreement shall be construed as prohibiting Company from pursuing any other remedies available to it for such breach or threatened breach, including the recovery of monetary damages from You.
Contact Information. In order to resolve a complaint regarding the Company Services or to receive further information regarding use of the Company Services, please contact Company as set forth below.

Avoscience LLC
30 N Gould Street, Suite 6791
Sheridan, WY 82801
Email: privacy@avoscience.com

Terms of Use Agreement

This Terms of Use Agreement (“Agreement” or “AGREEMENT”), along with Our Company Privacy Policy , constitute a legally binding agreement made between You, whether personally or on behalf of an entity (“User” or “You” or “Your”) and Avoscience LLC, a Wyoming Limited Liability Company and its affiliated companies, websites, applications and tools (collectively, “Company” or “We” or “Us” or “Our”), concerning Your access to and use of this Website as well as any other media form, media channel, mobile website or mobile application related or connected thereto (collectively, the “Sites”). Supplemental terms and conditions or documents that may be posted on the Sites from time to time, are hereby expressly incorporated into this Agreement by reference.

Company makes no representation that the Sites are appropriate or available in other locations other than where it is operated by Company. The information provided on the Sites is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Company to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Sites from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

In order to use the Website, (a) You must be 18 years or older and have the power to enter into a binding contract with Us and not be barred from doing so under any applicable laws; (b) If You are a minor in the jurisdiction in which You reside (generally under the age of 18) You must have the permission of, and be directly supervised by, Your parent or guardian to use the Sites. If You are a minor in the jurisdiction in which You reside, You must have your parent or guardian read and agree to the Agreement prior to Your using the Sites. Persons under the age of 13 are not permitted to register for the Sites or use the Company Services.
YOU ACCEPT AND AGREE TO BE BOUND BY THIS AGREEMENT AND OUR PRIVACY POLICY BY USING THE WEBSITE. IF YOU DO NOT AGREE TO ANYTHING CONTAINED HEREIN OR IN OUR PRIVACY POLICY, OR TO MODIFICATIONS THAT COMPANY MAY MAKE TO THIS AGREEMENT OR OUR PRIVACY POLICY IN THE FUTURE, DO NOT USE OR ACCESS OR CONTINUE TO USE OR ACCESS THE WEBSITE.
THIS AGREEMENT INCLUDES A CLASS ACTION WAIVER AND REQUIRES BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES. (SEE SECTIONS 15 AND 16)

1. PURCHASES; PAYMENT
By using the Website and placing an order You agree to pay Company all charges at the prices then in effect for the products You or other persons using Your billing account may purchase, and You authorize Company to charge Your chosen payment provider for any such purchases. You agree to make payment using that selected payment method. Company reserves the right to correct any errors or mistakes in pricing that it makes even if it has already requested or received payment. Sales tax will be added to the sales price of purchases as deemed required by Company. Company may change prices at any time. All payments shall be in U.S. dollars.

Shipping within the United States is free. Company will use its best efforts to ship products You have ordered as soon as possible after You complete Your order. If a product is not available for immediate delivery We will notify You by email and the product will be shipped as soon as it becomes available. Company shall not be liable for any loss, damage, cost, or expense related to any delay in shipment or delivery. The risk of loss and title to all items purchased will pass to You upon Our delivery of the product to a shipment carrier. Company may reject orders where the delivery address is outside the United States and delivery of the product to that address is forbidden by law. Company will collect sales tax when required by applicable law and will include shipping charges for products shipped outside the United States. For all orders shipped outside the United States, which will be subject to applicable law, You will be responsible for and will pay all applicable taxes, shipping, customs clearance, duties and import requirements from the Company’s location in the United States to Your foreign shipping address.

2. USER REPRESENTATIONS

Regarding Your Registration

By using the Company Services, You represent and warrant that:

A. All registration information You submit is truthful and accurate;
B. Yu will maintain the accuracy of such information;
C. You will keep Your password confidential and will be responsible for all use of Your password and account;
D. You are not a minor in the jurisdiction in which You reside, or if a minor, You have received parental permission to use Our Sites; and
E. Your use of the Company Services does not violate any applicable law or regulation.

You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Sites’ registration form and (b) maintain and promptly update registration data to keep it true, accurate, current and complete. If You provide any information that is untrue, inaccurate, not current or incomplete, or Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Company has the right to suspend or terminate Your account and refuse any and all current or future use of the Sites (or any portion thereof).

We reserve the right to remove or reclaim or change a User name You select if We determine that such action is appropriate in Our discretion, such as when the User name is obscene or otherwise objectionable or when a trademark owner complains about a username that does not closely relate to a User’s actual name.

3. USER GENERATED CONTENT
Users of the Website may be invited to chat, contribute to, or participate in blogs, message boards, online forums and other functionality, and may provide You with the opportunity to create, submit, post, display, transmit, perform, publish, distribute or broadcast content and materials to the Company or on the Site, including, but not limited to, text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material. (Collectively “User Generated Content”). Any such User Generated Content may be treated as non-confidential and non-proprietary. When You create or make available User Generated Content, You thereby represent and warrant that:
A. The creation, distribution, transmission, public display or performance, and the accessing, downloading or copying of Your User Generated Content does not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret or moral rights of any third party;
B. You are the creator and owner of or have the necessary licenses, rights, consents, releases and permissions to use and to authorize Company and the Sites’ Users to use Your User Generated Content in any manner contemplated by the Site and this Agreement.
C. You have the written consent, release, and/or permission of each and every identifiable person in Your User Generated Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of Your User Generated Content in any manner contemplated by the Site and this Agreement.
D. Your User Generated Content is not obscene, lewd, lascivious, filthy, violent, harassing libelous, slanderous or otherwise objectionable (as determined in the sole and absolute discretion of the Company);
E. Your User Generated Content does not ridicule, mock, disparage, intimidate, or abuse anyone.
F. Your User Generated Content is not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
G. Your User Generated Content does not violate any applicable law, regulation or rule.
H. Your User Generated Content does not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
I. Your User Generated Content does not contain material that solicits Personal Information from anyone under 18 or exploit people under the age of 18 in any manner.
J. Your User Generated Content does not include any offensive comments that are connected to race, national origin, gender, sexual preference or physical handicap;
K. Your User Generated Content does not otherwise violate, or link to material that violates, any provision of this Agreement or any applicable law or regulation.

4. USER GENERATED CONTENT LICENSE

By posting Your User Generated Content to any part of the Sites, or making it accessible to the Sites by linking Your account to any of Your social network accounts, You automatically grant, and You represent and warrant that You have the right to grant, to Company an unrestricted, unconditional, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part) and distribute such User Generated Content (including, without limitation, Your image and voice) for any purpose, commercial, advertising, or otherwise, to prepare derivative works of, or incorporate into other works, such User Generated Content, and to grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels. Such use and distribution license will apply to any form, media, or technology now known or hereafter developed, and includes our use of Your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names and logos, personal and commercial images You provide. Company does not assert any ownership over Your User Generated Content; rather, as between us and You, subject to the rights granted to Us in this Agreement, You retain full ownership of all of Your User Generated Content and any intellectual property rights or other proprietary rights associated with Your User Generated Content. We will not use Your User Generated Content in a way that infringes on Your rights and always process Your Personal Information, which is defined in Our Company Privacy Policy lawfully and with Your consent.

Company has the right, in Our sole and absolute discretion, to (i) edit, redact or otherwise change any User Generated Content, (ii) re-categorize any User Generated Content to place it in more appropriate locations or (iii) pre-screen or delete any User Generated Content that in Our discretion is determined to be inappropriate or otherwise in violation of this Agreement.

By uploading Your User Generated Content to the Sites, You hereby authorize Company to grant to each end user a personal, limited, no-transferable, perpetual, non-exclusive, royalty-free, fully-paid license to access, download, print and otherwise use Your User Generated Content for their internal purposes and not for distribution, transfer, sale or commercial exploitation of any kind.

5. GUIDELINES FOR REVIEWS

Company may accept, reject or remove reviews in its sole discretion. Company has absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Those persons posting reviews should comply with the following criteria: (1) reviewers should have firsthand experience with the person/entity being reviewed; (2) reviews should not contain: offensive language, profanity, or abusive, racist, or hate language; discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation or disability; or references to illegal activity; (3) reviewers should not be affiliated with competitors if posting negative reviews; (4) reviewers should not make any conclusions as to the legality of conduct; and (5) reviewers may not post any false statements or organize a campaign encouraging others to post reviews, whether positive or negative. Reviews are not endorsed by Company, and do not represent the views of Company or of any affiliate or partner of Company. Company does not assume liability for any review or for any claims, liabilities or losses resulting from any review. By posting a review, the reviewer hereby grants to Company a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sub licensable license to Company to reproduce, modify, translate, transmit by any means, display, perform and/or distribute all content relating to reviews.

6. MOBILE APPLICATION LICENSE

Use License

If You are accessing the Company Services via a mobile application, then Company grants You a revocable, non-exclusive, non-transferable, limited right to install and use the application on wireless handsets owned and controlled by You, and to access and use the application on such devices strictly in accordance with the terms and conditions of this license. You shall not: (a) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application; (b) make any modification, adaptation, improvement, enhancement, translation or derivative work from the application; (c) violate any applicable laws, rules or regulations in connection with Your access or use of the application; (d) remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of Company or its affiliates, partners, suppliers or the licensors of the application; (e) use the application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (f) make the application available over a network or other environment permitting access or use by multiple devices or Users at the same time; (g) use the application for creating a product, service or software that is, directly or indirectly, competitive with or in any way a substitute for the application; (h) use the application to send automated queries to any Sites or to send any unsolicited commercial e-mail; or (i) use any proprietary information or interfaces of Company or other intellectual property of Company in the design, development, manufacture, licensing or distribution of any applications, accessories or devices for use with the application.

7. SUBMISSIONS

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Sites or the Company Services (“Submissions”) provided by You to Company are non- confidential and Company (as well as any designee of Company) shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to You.

8. PROHIBITED ACTIVITIES

You may not access or use the Sites for any purpose other than that for which Company makes it available. The Sites may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by Company. Prohibited activity includes, but is not limited to:

A. Attempting to bypass any measures of the Sites designed to prevent or restrict access to the Sites, or any portion of the Sites.
B. Attempting to impersonate another User or person or using the username of another User.
C. Criminal or tortious activity.
D. Deciphering, decompiling, disassembling or reverse engineering any of the software comprising or in any way making up a part of the Sites.
E. Deleting the copyright or other proprietary rights notice from any Sites’ content.
F. Engaging in any automated use of the system, such as using any data mining, robots or similar data gathering and extraction tools.
G. Except as may be the result of standard search engine or Internet browser usage, using or launching, developing or distributing any automated system, including, without limitation, any spider, robot (or “bot”), cheat utility, scraper or offline reader that accesses the Sites, or using or launching any unauthorized script or other software.
H. Harassing, annoying, intimidating or threatening any Company employees or agents engaged in providing any portion of the Company Services to You.
I. Interfering with, disrupting, or creating an undue burden on the Sites or the networks or services connected to the Sites.
J. Making any unauthorized use of the Company Services, including collecting usernames and/or email addresses of Users by electronic or other means for the purpose of sending unsolicited email, or creating User accounts by automated means or under false pretenses.
K. Selling or otherwise transferring Your profile.
L. Systematic retrieval of data or other content from the Sites to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Company.
M. Tricking, defrauding or misleading Company and other Users, especially in any attempt to learn sensitive account information such as passwords.
N. Using any information obtained from the Sites in order to harass, abuse, or harm another person.
O. Using the Company Services as part of any effort to compete with Company or to provide services as a service bureau.
P. Using the Sites in a manner inconsistent with any and all applicable laws and regulations.

9. INTELLECTUAL PROPERTY RIGHTS

The content on the Sites (“Company Content”) and the trademarks, service marks and logos contained therein (“Marks”) are owned by or licensed to Company, and are subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Company Content, includes, without limitation, all source code, databases, functionality, software, Sites’ designs, audio, video, text, photographs and graphics. All Company graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, common law trademarks or trade dress of Company in the United States and/or other countries. Company trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company.

Company Content on the Sites is provided to You “AS IS” for Your information and personal use only and may not be used, copied, reproduced, aggregated, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Provided that You are eligible to use the Sites, You are granted a limited license to access and use the Sites and the Company Content and to download or print a copy of any portion of the Company Content to which You have properly gained access solely for Your personal, non-commercial use. Company reserves all rights not expressly granted to You in and to the Sites and Company Content and Marks.

10. THIRD PARTY WEBSITES AND CONTENT

The Sites contains (or You may be sent through the Sites or the Company Services) links to other websites (“Third Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the “Third Party Content”). Such Third Party Websites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by Us, and We are not responsible for any Third Party Websites accessed through the Sites or any Third Party Content posted on, available through or installed from the Sites, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Websites or the Third Party Content. Inclusion of, linking to or permitting the use or installation of any Third Party Websites or any Third Party Content does not imply approval or endorsement thereof by Us. If You decide to leave the Sites and access the Third Party Websites or to use or install any Third Party Content, You do so at Your own risk and You should be aware that Our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any websites to which You navigate from the Sites or relating to any applications You use or install from the Sites. Any purchases You make through Third Party Websites will be through other websites and from other companies, and Company takes no responsibility whatsoever in relation to such purchases which are exclusively between You and the applicable third party.

11. SITE MANAGEMENT

Company reserves the right, but does not have the obligation to:

A. monitor the Sites for violations of this Agreement;
B. take appropriate legal action against anyone who, in Company’s sole discretion, violates this Agreement, including without limitation, reporting such User to law enforcement authorities;
C. in Company’s sole discretion and without limitation, refuse, restrict access to or availability of, or disable (to the extent technologically feasible) any User Generated Content or any portion thereof that may violate this Agreement or any Company policy;
D. in Company’s sole discretion and without limitation, notice or liability, to remove from the Sites or otherwise disable all files and content that are excessive in size or are in any way burdensome to Company’s systems;
E. otherwise manage the Sites in a manner designed to protect the rights and property of Company and others and to facilitate the proper functioning of the Sites.

12. DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) NOTICE AND POLICY

Notifications

If You believe that content available on or through Our Sites infringes one or more of Your copyrights, please immediately notify Our Designated Copyright Agent by mail, email or faxed notice (“Notification”) providing the information described below, which Notification is pursuant to DMCA 17 U.S.C. § 512(c)(3). A copy of Your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to federal law You may be held liable for damages if You make material misrepresentations in a Notification. Thus, if You are not sure that content located on or linked to by Our Sites infringes Your copyright, You should consider first contacting an attorney. Our Sites have a policy of terminating repeat infringers in appropriate circumstances.

All Notifications should include the following:

A. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
B. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at that website.
C. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Us to locate the material.
D. Information reasonably sufficient to permit Us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
E. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
F. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Notifications should be sent to Our Designated Copyright Agent as follows:

Designated Copyright Agent

Copyright Agent Name: Charles Edwards

Address: 30 N Gould St., Ste. 6791, Sheridan, Wyoming 82801
Fax: (208) 902-2562
Email: charlie.edwards@avoscience.com
Phone: (800) 295-7839

We also will advise the alleged infringer of the DMCA statutory Counter Notification procedure described below by which the alleged infringer may respond to Your claim and request that We restore this material.

Counter Notification

If You believe Your own copyrighted material has been removed from Our Sites and/or Our service as a result of mistake or misidentification, You may submit a written counter notification (“Counter Notification”) to Our Designated Copyright Agent pursuant to DMCA 17 U.S.C. § 512(g)(2) and (3). To be an effective Counter Notification under the DMCA, Your Counter Notification must include substantially the following:

A. Identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled.
B. A statement that You consent to the jurisdiction of the Federal District Court in which Your address is located, or if Your address is outside the United States, for any judicial district in which Company is located.
C. A statement that You will accept service of process from the party that filed the Notification or the party’s agent.
D. Your name, address and telephone number.
E. A statement under penalty of perjury that You have a good faith belief that the material in question was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
F. Your physical or electronic signature.

You may submit Your Counter Notification to Our Designated Copyright Agent by fax, mail, or email as set forth above.

If You send Us a valid, written Counter Notification meeting the requirements described above, We will restore Your removed or disabled material after ten (10) business days but no later than fourteen (14) business days from the date We receive Your Counter Notification, unless Our Designated Copyright Agent first receives notice from the party filing the original Notification informing Us that such party has filed a court action to restrain You from engaging in infringing activity related to the material in question. Please note that if You materially misrepresent that the disabled or removed content was removed by mistake or misidentification, You may be liable for damages, including costs and attorney’s fees. Filing a false Counter Notification constitutes perjury.

13. TERM AND TERMINATION

This Agreement shall remain in full force and effect while You use the Sites or are otherwise a User or member of the Sites, as applicable. You may terminate Your use or participation at any time, for any reason, by following the instructions for terminating User accounts in Your account settings, if available, or by contacting Us using the Contact Information below.

WITHOUT LIMITING ANY OTHER PROVISION OF THIS AGREEMENT, COMPANY RESERVES THE RIGHT TO, IN COMPANY’S SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITES AND THE COMPANY SERVICES, TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THIS AGREEMENT, OR OF ANY APPLICABLE LAW OR REGULATION, AND COMPANY MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITES AND THE COMPANY SERVICES, DELETE YOUR PROFILE AND ANY CONTENT OR INFORMATION THAT YOU HAVE POSTED AT ANY TIME, WITHOUT WARNING, IN COMPANY’S SOLE DISCRETION.

In order to protect the integrity of the Sites and Company Services, Company reserves the right at any time in its sole discretion to block certain IP addresses from accessing the Sites and Company Services.

Any provisions of this Agreement that, in order to fulfill the purposes of such provisions, need to survive the termination or expiration of this Agreement, shall be deemed to survive for as long as necessary to fulfill such purposes.

YOU UNDERSTAND THAT CERTAIN STATES ALLOW YOU TO CANCEL THIS AGREEMENT, WITHOUT ANY PENALTY OR OBLIGATION, AT ANY TIME PRIOR TO MIDNIGHT OF COMPANY’S THIRD BUSINESS DAY FOLLOWING THE DATE OF THIS AGREEMENT, EXCLUDING SUNDAYS AND HOLIDAYS. TO CANCEL, USE THE CONTACT INFORMATION LISTING BELOW IN THIS AGREEMENT. THIS SECTION APPLIES ONLY TO INDIVIDUALS RESIDING IN STATES WITH SUCH LAWS.

If Company terminates or suspends Your account for any reason, You are prohibited from registering and creating a new account under Your name, a fake or borrowed name, or the name of any third party, even if You may be acting on behalf of the third party. In addition to terminating or suspending Your account, Company reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

14. MODIFICATIONS

To Agreement

Company may modify this Agreement from time to time. Any and all changes to this Agreement will be posted on the Sites and revisions will be indicated by date. You agree to be bound to any changes to this Agreement when You use the Company Services after any such modification becomes effective. It is therefore important that You regularly review this Agreement to ensure You are informed of changes. You agree that You will periodically check the Sites for updates to this Agreement. Modifications to this Agreement shall be effective after posting.

To Services

Company reserves the right at any time to modify or discontinue, temporarily or permanently, the Company Services (or any part thereof) with or without notice. You agree that Company shall not be liable to You or to any third party for any modification, suspension or discontinuance of the Company Services.

15. DISPUTES

Between Users

If there is a dispute between Users of the Sites, or between Users and any third party, You understand and agree that Company is under no obligation to become involved. In the event that You have a dispute with one or more other Users, You hereby release Company, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or the Company Services.

With Company

A. Governing Law; Jurisdiction. This Agreement and all aspects of the Sites and Company Services shall be governed by and construed in accordance with the internal laws of the State of Wyoming, without regard to conflict of law provisions. With respect to any disputes or claims not subject to informal dispute resolution or arbitration (as set forth below), You agree not to commence or prosecute any action in connection therewith other than in the state and federal courts located in Laramie County, State of Wyoming, and You hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods is excluded from this Agreement. Additionally, application of the Uniform Computer Information Transaction Act (UCITA) is excluded from this Agreement. In no event shall any claim, action or proceeding by You related in any way to the Sites or the Company’s Services or products be instituted more than one (1) year after the cause of action arose.

B. Informal Resolution. To expedite resolution and control the cost of any dispute, controversy or claim related to this Agreement (“Dispute”), You and Company agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least sixty (60) days before initiating any arbitration or court proceeding. Such informal negotiations commence upon written notice from one person to the other.

C. Binding Arbitration. If You and Company are unable to resolve a Dispute through informal negotiations, either You or the Company may elect to have the Dispute (except those Disputes expressly excluded below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website www.adr.org. If You and the Company cannot agree as to whether a Dispute is within the exceptions to arbitration set forth below the determination of whether a Dispute is subject to arbitration or is excluded as set forth herein shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Your arbitration fees and Your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Laramie County, State of Wyoming. Except as otherwise provided in this Agreement, You and Company may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.

D. Restrictions. You and Company agree that any arbitration shall be limited to the Dispute between Company and You individually. To the full extent permitted by law, (1) no arbitration shall be joined with any other; (2) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (3) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

E. Exceptions to Informal Negotiations and Arbitration. You and Company agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (1) any Disputes seeking to enforce or protect, or concerning the validity of any of Your or Company’s intellectual property rights; (2) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (3) any claim for injunctive relief. If this Section is found to be illegal or unenforceable then neither You nor Company will elect to arbitrate any Dispute falling within that portion of this Section found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and You and Company agree to submit to the personal jurisdiction of that court.

F. No Waiver. Failure or any delay in enforcing this arbitration provision in connection with any particular Dispute will not constitute a waiver of any rights to require arbitration at a later time or in connection with any other Disputes. This provision is the entire arbitration agreement between You and Company and shall not be modified except in writing by Company.

G. Survival and Severability. This Section 15 survives termination of Your account or relationship with Company, bankruptcy, assignment or transfer. If a portion of this arbitration provision is deemed unenforceable, the remaining portions of this arbitration provision shall remain in full force and effect.

16. CLASS ACTION AND REPRESENTATIVE WAIVER. YOU AND THE COMPANY AGREE THAT ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE, WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS, AND THAT NEITHER YOU NOR THE COMPANY WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, A REPRESENTATIVE ACTION, A COLLECTIVE ACTION, A PRIVATE ATTORNEY-GENERAL ACTION, OR IN ANY PROCEEDING IN WHICH YOU OR THE COMPANY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. YOU AND THE COMPANY FURTHER AGREE THAT NO ARBITRATION OR PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER ARBITRATION OR PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF BOTH YOU AND THE COMPANY. INJUNCTIVE RELIEF MAY BE AWARDED ONLY IN FAVOR OF AN INDIVIDUAL PARTY SEEKING THAT TYPE OF RELIEF AND ONLY TO THE EXTENT AN ARBITRATOR MAY AWARD INJUNCTIVE RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE THE RELIEF WARRANTED BY THAT PARTY’S INDIVIDUAL CLAIM.

17. CORRECTIONS

Occasionally there may be information on the Sites that contains typographical errors, inaccuracies or omissions that may relate to service descriptions, pricing, availability, and various other information. Company reserves the right to correct any errors, inaccuracies or omissions and to change or update the information at any time, without prior notice.

18. DISCLAIMERS

COMPANY CANNOT CONTROL THE NATURE OF ALL OF THE CONTENT AVAILABLE ON THE SITES. BY OPERATING THE SITES, COMPANY DOES NOT REPRESENT OR IMPLY THAT COMPANY: ENDORSES ANY BLOGS, USER GENERATED CONTENT OR OTHER CONTENT AVAILABLE ON OR LINKED TO BY THE SITES, INCLUDING WITHOUT LIMITATION CONTENT HOSTED ON THIRD PARTY WEBSITES OR PROVIDED BY THIRD PARTY APPLICATIONS; OR THAT COMPANY BELIEVES USER GENERATED CONTENT, BLOGS OR OTHER CONTENT TO BE ACCURATE, USEFUL OR NON-HARMFUL. COMPANY DOES NOT CONTROL AND IS NOT RESPONSIBLE FOR UNLAWFUL OR OTHERWISE OBJECTIONABLE CONTENT YOU MAY ENCOUNTER ON THE SITES OR IN CONNECTION WITH ANY USER GENERATED CONTENT. THE COMPANY IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SITES OR COMPANY SERVICES.

YOU AGREE THAT YOUR USE OF THE SITES AND COMPANY SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITES AND THE COMPANY SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITES’ CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO OUR SITES AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITES, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITES OR COMPANY SERVICES, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITES BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITES. COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITES OR ANY HYPERLINKED SITES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

ALL CONTENT, PRODUCTS, AND SERVICES ON THE WEBSITE ARE PROVIDED TO YOU “AS IS” WITHOUT ANY GUARANTEES, OR WARRANTY, UNLESS SPECIFICALLY SET FORTH ON THE WEBSITE. COMPANY EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

19. LIMITATIONS OF LIABILITY

TO THE GREATEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY OR ITS DIRECTORS, OFFICERS, PARTNERS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITES OR COMPANY’S SERVICES OR PRODUCTS, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, COMPANY’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO COMPANY FOR THE COMPANY SERVICES AND PRODUCTS DURING THE PERIOD OF THREE MONTHS PRIOR TO ANY CAUSE OF ACTION ARISING. THIS APPLIES REGARDLESS OF THE MANNER IN WHICH ANY ALLEGED DAMAGES ARE CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT, OR OTHERWISE.

IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

20. INDEMNITY

You agree to defend, indemnify and hold Company, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from and against, any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of Your “User Generated Content” described above, use of the Company Services, including the ordering and use of a Product from the Sites, and/or arising from a breach of this Agreement and/or any breach of Your representations and warranties set forth above. Notwithstanding the foregoing, Company reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify Company, and You agree to cooperate, at Your expense, with Company’s defense of such claims. Company will use reasonable efforts to notify You of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

21. NOTICES

Except as explicitly stated otherwise, any notices given to Company shall be given by email to the address listed in the Contact Information below. Any notices given to You shall be given to the email address You provided during the registration process, or such other address as each party may specify. Notice shall be deemed to be given twenty-four (24) hours after the email is sent, unless the sending party is notified that the email address is invalid. We may also choose to send notices by regular mail.

22. USER DATA

Our Sites will maintain certain data that You transfer to the Sites for the purpose of the performance of the Company Services, as well as data relating to Your use of the Company Services. Although We perform regular routine backups of data, You are primarily responsible for all data that You have transferred or that relates to any activity You have undertaken using the Company Services. You agree that Company shall have no liability to You for any loss or corruption of any such data, and You hereby waive any right of action against Company arising from any such loss or corruption of such data.

23. ELECTRONIC CONTRACTING

Your use of the Company Services includes the ability to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS AND TO BE BOUND BY THE TERMS OF THIS AGREEMENT. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO RELATING TO THE COMPANY SERVICES, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS. In order to access and retain Your electronic records, You may be required to have certain hardware and software, which are Your sole responsibility.

24. MISCELLANEOUS

This Agreement constitutes the entire agreement between You and Company regarding the use of the Company Services. The failure of Company to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. This Agreement and Your account may not be assigned by You without Our express written consent. Company may assign any or all of its rights and obligations to others at any time. Company shall not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond Company’s reasonable control. If any provision or part of a provision of this Agreement is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between You and Company as a result of this Agreement or use of the Sites and Company Services. Upon Company’s request, You will furnish Company any documentation, substantiation or releases necessary to verify Your compliance with this Agreement. You agree that this Agreement will not be construed against Company by virtue of having drafted them. You hereby waive any and all defenses You may have based on the electronic form of this Agreement and the lack of signing by the parties hereto to execute this Agreement.

Remedies for Company. In order to avoid irreparable injury to Company, in the event of any breach or threatened breach by You of the provisions of this Agreement, We shall be entitled to seek an injunction and/or other equitable relief restraining such breach. Nothing in this Agreement shall be construed as prohibiting Company from pursuing any other remedies available to it for such breach or threatened breach, including the recovery of monetary damages from You.
Contact Information. In order to resolve a complaint regarding the Company Services or to receive further information regarding use of the Company Services, please contact Company as set forth below.

Avoscience LLC
30 N Gould Street, Suite 6791
Sheridan, WY 82801
Email: privacy@avoscience.com

Terms of Use Agreement

This Terms of Use Agreement (“Agreement” or “AGREEMENT”), along with Our Company Privacy Policy , constitute a legally binding agreement made between You, whether personally or on behalf of an entity (“User” or “You” or “Your”) and Avoscience LLC, a Wyoming Limited Liability Company and its affiliated companies, websites, applications and tools (collectively, “Company” or “We” or “Us” or “Our”), concerning Your access to and use of this Website as well as any other media form, media channel, mobile website or mobile application related or connected thereto (collectively, the “Sites”). Supplemental terms and conditions or documents that may be posted on the Sites from time to time, are hereby expressly incorporated into this Agreement by reference.

Company makes no representation that the Sites are appropriate or available in other locations other than where it is operated by Company. The information provided on the Sites is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Company to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Sites from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

In order to use the Website, (a) You must be 18 years or older and have the power to enter into a binding contract with Us and not be barred from doing so under any applicable laws; (b) If You are a minor in the jurisdiction in which You reside (generally under the age of 18) You must have the permission of, and be directly supervised by, Your parent or guardian to use the Sites. If You are a minor in the jurisdiction in which You reside, You must have your parent or guardian read and agree to the Agreement prior to Your using the Sites. Persons under the age of 13 are not permitted to register for the Sites or use the Company Services.
YOU ACCEPT AND AGREE TO BE BOUND BY THIS AGREEMENT AND OUR PRIVACY POLICY BY USING THE WEBSITE. IF YOU DO NOT AGREE TO ANYTHING CONTAINED HEREIN OR IN OUR PRIVACY POLICY, OR TO MODIFICATIONS THAT COMPANY MAY MAKE TO THIS AGREEMENT OR OUR PRIVACY POLICY IN THE FUTURE, DO NOT USE OR ACCESS OR CONTINUE TO USE OR ACCESS THE WEBSITE.
THIS AGREEMENT INCLUDES A CLASS ACTION WAIVER AND REQUIRES BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES. (SEE SECTIONS 15 AND 16)

1. PURCHASES; PAYMENT
By using the Website and placing an order You agree to pay Company all charges at the prices then in effect for the products You or other persons using Your billing account may purchase, and You authorize Company to charge Your chosen payment provider for any such purchases. You agree to make payment using that selected payment method. Company reserves the right to correct any errors or mistakes in pricing that it makes even if it has already requested or received payment. Sales tax will be added to the sales price of purchases as deemed required by Company. Company may change prices at any time. All payments shall be in U.S. dollars.

Shipping within the United States is free. Company will use its best efforts to ship products You have ordered as soon as possible after You complete Your order. If a product is not available for immediate delivery We will notify You by email and the product will be shipped as soon as it becomes available. Company shall not be liable for any loss, damage, cost, or expense related to any delay in shipment or delivery. The risk of loss and title to all items purchased will pass to You upon Our delivery of the product to a shipment carrier. Company may reject orders where the delivery address is outside the United States and delivery of the product to that address is forbidden by law. Company will collect sales tax when required by applicable law and will include shipping charges for products shipped outside the United States. For all orders shipped outside the United States, which will be subject to applicable law, You will be responsible for and will pay all applicable taxes, shipping, customs clearance, duties and import requirements from the Company’s location in the United States to Your foreign shipping address.

2. USER REPRESENTATIONS

Regarding Your Registration

By using the Company Services, You represent and warrant that:

A. All registration information You submit is truthful and accurate;
B. Yu will maintain the accuracy of such information;
C. You will keep Your password confidential and will be responsible for all use of Your password and account;
D. You are not a minor in the jurisdiction in which You reside, or if a minor, You have received parental permission to use Our Sites; and
E. Your use of the Company Services does not violate any applicable law or regulation.

You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Sites’ registration form and (b) maintain and promptly update registration data to keep it true, accurate, current and complete. If You provide any information that is untrue, inaccurate, not current or incomplete, or Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Company has the right to suspend or terminate Your account and refuse any and all current or future use of the Sites (or any portion thereof).

We reserve the right to remove or reclaim or change a User name You select if We determine that such action is appropriate in Our discretion, such as when the User name is obscene or otherwise objectionable or when a trademark owner complains about a username that does not closely relate to a User’s actual name.

3. USER GENERATED CONTENT
Users of the Website may be invited to chat, contribute to, or participate in blogs, message boards, online forums and other functionality, and may provide You with the opportunity to create, submit, post, display, transmit, perform, publish, distribute or broadcast content and materials to the Company or on the Site, including, but not limited to, text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material. (Collectively “User Generated Content”). Any such User Generated Content may be treated as non-confidential and non-proprietary. When You create or make available User Generated Content, You thereby represent and warrant that:
A. The creation, distribution, transmission, public display or performance, and the accessing, downloading or copying of Your User Generated Content does not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret or moral rights of any third party;
B. You are the creator and owner of or have the necessary licenses, rights, consents, releases and permissions to use and to authorize Company and the Sites’ Users to use Your User Generated Content in any manner contemplated by the Site and this Agreement.
C. You have the written consent, release, and/or permission of each and every identifiable person in Your User Generated Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of Your User Generated Content in any manner contemplated by the Site and this Agreement.
D. Your User Generated Content is not obscene, lewd, lascivious, filthy, violent, harassing libelous, slanderous or otherwise objectionable (as determined in the sole and absolute discretion of the Company);
E. Your User Generated Content does not ridicule, mock, disparage, intimidate, or abuse anyone.
F. Your User Generated Content is not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
G. Your User Generated Content does not violate any applicable law, regulation or rule.
H. Your User Generated Content does not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
I. Your User Generated Content does not contain material that solicits Personal Information from anyone under 18 or exploit people under the age of 18 in any manner.
J. Your User Generated Content does not include any offensive comments that are connected to race, national origin, gender, sexual preference or physical handicap;
K. Your User Generated Content does not otherwise violate, or link to material that violates, any provision of this Agreement or any applicable law or regulation.

4. USER GENERATED CONTENT LICENSE

By posting Your User Generated Content to any part of the Sites, or making it accessible to the Sites by linking Your account to any of Your social network accounts, You automatically grant, and You represent and warrant that You have the right to grant, to Company an unrestricted, unconditional, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part) and distribute such User Generated Content (including, without limitation, Your image and voice) for any purpose, commercial, advertising, or otherwise, to prepare derivative works of, or incorporate into other works, such User Generated Content, and to grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels. Such use and distribution license will apply to any form, media, or technology now known or hereafter developed, and includes our use of Your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names and logos, personal and commercial images You provide. Company does not assert any ownership over Your User Generated Content; rather, as between us and You, subject to the rights granted to Us in this Agreement, You retain full ownership of all of Your User Generated Content and any intellectual property rights or other proprietary rights associated with Your User Generated Content. We will not use Your User Generated Content in a way that infringes on Your rights and always process Your Personal Information, which is defined in Our Company Privacy Policy lawfully and with Your consent.

Company has the right, in Our sole and absolute discretion, to (i) edit, redact or otherwise change any User Generated Content, (ii) re-categorize any User Generated Content to place it in more appropriate locations or (iii) pre-screen or delete any User Generated Content that in Our discretion is determined to be inappropriate or otherwise in violation of this Agreement.

By uploading Your User Generated Content to the Sites, You hereby authorize Company to grant to each end user a personal, limited, no-transferable, perpetual, non-exclusive, royalty-free, fully-paid license to access, download, print and otherwise use Your User Generated Content for their internal purposes and not for distribution, transfer, sale or commercial exploitation of any kind.

5. GUIDELINES FOR REVIEWS

Company may accept, reject or remove reviews in its sole discretion. Company has absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Those persons posting reviews should comply with the following criteria: (1) reviewers should have firsthand experience with the person/entity being reviewed; (2) reviews should not contain: offensive language, profanity, or abusive, racist, or hate language; discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation or disability; or references to illegal activity; (3) reviewers should not be affiliated with competitors if posting negative reviews; (4) reviewers should not make any conclusions as to the legality of conduct; and (5) reviewers may not post any false statements or organize a campaign encouraging others to post reviews, whether positive or negative. Reviews are not endorsed by Company, and do not represent the views of Company or of any affiliate or partner of Company. Company does not assume liability for any review or for any claims, liabilities or losses resulting from any review. By posting a review, the reviewer hereby grants to Company a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sub licensable license to Company to reproduce, modify, translate, transmit by any means, display, perform and/or distribute all content relating to reviews.

6. MOBILE APPLICATION LICENSE

Use License

If You are accessing the Company Services via a mobile application, then Company grants You a revocable, non-exclusive, non-transferable, limited right to install and use the application on wireless handsets owned and controlled by You, and to access and use the application on such devices strictly in accordance with the terms and conditions of this license. You shall not: (a) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application; (b) make any modification, adaptation, improvement, enhancement, translation or derivative work from the application; (c) violate any applicable laws, rules or regulations in connection with Your access or use of the application; (d) remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of Company or its affiliates, partners, suppliers or the licensors of the application; (e) use the application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (f) make the application available over a network or other environment permitting access or use by multiple devices or Users at the same time; (g) use the application for creating a product, service or software that is, directly or indirectly, competitive with or in any way a substitute for the application; (h) use the application to send automated queries to any Sites or to send any unsolicited commercial e-mail; or (i) use any proprietary information or interfaces of Company or other intellectual property of Company in the design, development, manufacture, licensing or distribution of any applications, accessories or devices for use with the application.

7. SUBMISSIONS

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Sites or the Company Services (“Submissions”) provided by You to Company are non- confidential and Company (as well as any designee of Company) shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to You.

8. PROHIBITED ACTIVITIES

You may not access or use the Sites for any purpose other than that for which Company makes it available. The Sites may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by Company. Prohibited activity includes, but is not limited to:

A. Attempting to bypass any measures of the Sites designed to prevent or restrict access to the Sites, or any portion of the Sites.
B. Attempting to impersonate another User or person or using the username of another User.
C. Criminal or tortious activity.
D. Deciphering, decompiling, disassembling or reverse engineering any of the software comprising or in any way making up a part of the Sites.
E. Deleting the copyright or other proprietary rights notice from any Sites’ content.
F. Engaging in any automated use of the system, such as using any data mining, robots or similar data gathering and extraction tools.
G. Except as may be the result of standard search engine or Internet browser usage, using or launching, developing or distributing any automated system, including, without limitation, any spider, robot (or “bot”), cheat utility, scraper or offline reader that accesses the Sites, or using or launching any unauthorized script or other software.
H. Harassing, annoying, intimidating or threatening any Company employees or agents engaged in providing any portion of the Company Services to You.
I. Interfering with, disrupting, or creating an undue burden on the Sites or the networks or services connected to the Sites.
J. Making any unauthorized use of the Company Services, including collecting usernames and/or email addresses of Users by electronic or other means for the purpose of sending unsolicited email, or creating User accounts by automated means or under false pretenses.
K. Selling or otherwise transferring Your profile.
L. Systematic retrieval of data or other content from the Sites to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Company.
M. Tricking, defrauding or misleading Company and other Users, especially in any attempt to learn sensitive account information such as passwords.
N. Using any information obtained from the Sites in order to harass, abuse, or harm another person.
O. Using the Company Services as part of any effort to compete with Company or to provide services as a service bureau.
P. Using the Sites in a manner inconsistent with any and all applicable laws and regulations.

9. INTELLECTUAL PROPERTY RIGHTS

The content on the Sites (“Company Content”) and the trademarks, service marks and logos contained therein (“Marks”) are owned by or licensed to Company, and are subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Company Content, includes, without limitation, all source code, databases, functionality, software, Sites’ designs, audio, video, text, photographs and graphics. All Company graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, common law trademarks or trade dress of Company in the United States and/or other countries. Company trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company.

Company Content on the Sites is provided to You “AS IS” for Your information and personal use only and may not be used, copied, reproduced, aggregated, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Provided that You are eligible to use the Sites, You are granted a limited license to access and use the Sites and the Company Content and to download or print a copy of any portion of the Company Content to which You have properly gained access solely for Your personal, non-commercial use. Company reserves all rights not expressly granted to You in and to the Sites and Company Content and Marks.

10. THIRD PARTY WEBSITES AND CONTENT

The Sites contains (or You may be sent through the Sites or the Company Services) links to other websites (“Third Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the “Third Party Content”). Such Third Party Websites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by Us, and We are not responsible for any Third Party Websites accessed through the Sites or any Third Party Content posted on, available through or installed from the Sites, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Websites or the Third Party Content. Inclusion of, linking to or permitting the use or installation of any Third Party Websites or any Third Party Content does not imply approval or endorsement thereof by Us. If You decide to leave the Sites and access the Third Party Websites or to use or install any Third Party Content, You do so at Your own risk and You should be aware that Our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any websites to which You navigate from the Sites or relating to any applications You use or install from the Sites. Any purchases You make through Third Party Websites will be through other websites and from other companies, and Company takes no responsibility whatsoever in relation to such purchases which are exclusively between You and the applicable third party.

11. SITE MANAGEMENT

Company reserves the right, but does not have the obligation to:

A. monitor the Sites for violations of this Agreement;
B. take appropriate legal action against anyone who, in Company’s sole discretion, violates this Agreement, including without limitation, reporting such User to law enforcement authorities;
C. in Company’s sole discretion and without limitation, refuse, restrict access to or availability of, or disable (to the extent technologically feasible) any User Generated Content or any portion thereof that may violate this Agreement or any Company policy;
D. in Company’s sole discretion and without limitation, notice or liability, to remove from the Sites or otherwise disable all files and content that are excessive in size or are in any way burdensome to Company’s systems;
E. otherwise manage the Sites in a manner designed to protect the rights and property of Company and others and to facilitate the proper functioning of the Sites.

12. DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) NOTICE AND POLICY

Notifications

If You believe that content available on or through Our Sites infringes one or more of Your copyrights, please immediately notify Our Designated Copyright Agent by mail, email or faxed notice (“Notification”) providing the information described below, which Notification is pursuant to DMCA 17 U.S.C. § 512(c)(3). A copy of Your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to federal law You may be held liable for damages if You make material misrepresentations in a Notification. Thus, if You are not sure that content located on or linked to by Our Sites infringes Your copyright, You should consider first contacting an attorney. Our Sites have a policy of terminating repeat infringers in appropriate circumstances.

All Notifications should include the following:

A. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
B. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at that website.
C. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Us to locate the material.
D. Information reasonably sufficient to permit Us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
E. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
F. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Notifications should be sent to Our Designated Copyright Agent as follows:

Designated Copyright Agent

Copyright Agent Name: Charles Edwards

Address: 30 N Gould St., Ste. 6791, Sheridan, Wyoming 82801
Fax: (208) 902-2562
Email: charlie.edwards@avoscience.com
Phone: (800) 295-7839

We also will advise the alleged infringer of the DMCA statutory Counter Notification procedure described below by which the alleged infringer may respond to Your claim and request that We restore this material.

Counter Notification

If You believe Your own copyrighted material has been removed from Our Sites and/or Our service as a result of mistake or misidentification, You may submit a written counter notification (“Counter Notification”) to Our Designated Copyright Agent pursuant to DMCA 17 U.S.C. § 512(g)(2) and (3). To be an effective Counter Notification under the DMCA, Your Counter Notification must include substantially the following:

A. Identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled.
B. A statement that You consent to the jurisdiction of the Federal District Court in which Your address is located, or if Your address is outside the United States, for any judicial district in which Company is located.
C. A statement that You will accept service of process from the party that filed the Notification or the party’s agent.
D. Your name, address and telephone number.
E. A statement under penalty of perjury that You have a good faith belief that the material in question was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
F. Your physical or electronic signature.

You may submit Your Counter Notification to Our Designated Copyright Agent by fax, mail, or email as set forth above.

If You send Us a valid, written Counter Notification meeting the requirements described above, We will restore Your removed or disabled material after ten (10) business days but no later than fourteen (14) business days from the date We receive Your Counter Notification, unless Our Designated Copyright Agent first receives notice from the party filing the original Notification informing Us that such party has filed a court action to restrain You from engaging in infringing activity related to the material in question. Please note that if You materially misrepresent that the disabled or removed content was removed by mistake or misidentification, You may be liable for damages, including costs and attorney’s fees. Filing a false Counter Notification constitutes perjury.

13. TERM AND TERMINATION

This Agreement shall remain in full force and effect while You use the Sites or are otherwise a User or member of the Sites, as applicable. You may terminate Your use or participation at any time, for any reason, by following the instructions for terminating User accounts in Your account settings, if available, or by contacting Us using the Contact Information below.

WITHOUT LIMITING ANY OTHER PROVISION OF THIS AGREEMENT, COMPANY RESERVES THE RIGHT TO, IN COMPANY’S SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITES AND THE COMPANY SERVICES, TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THIS AGREEMENT, OR OF ANY APPLICABLE LAW OR REGULATION, AND COMPANY MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITES AND THE COMPANY SERVICES, DELETE YOUR PROFILE AND ANY CONTENT OR INFORMATION THAT YOU HAVE POSTED AT ANY TIME, WITHOUT WARNING, IN COMPANY’S SOLE DISCRETION.

In order to protect the integrity of the Sites and Company Services, Company reserves the right at any time in its sole discretion to block certain IP addresses from accessing the Sites and Company Services.

Any provisions of this Agreement that, in order to fulfill the purposes of such provisions, need to survive the termination or expiration of this Agreement, shall be deemed to survive for as long as necessary to fulfill such purposes.

YOU UNDERSTAND THAT CERTAIN STATES ALLOW YOU TO CANCEL THIS AGREEMENT, WITHOUT ANY PENALTY OR OBLIGATION, AT ANY TIME PRIOR TO MIDNIGHT OF COMPANY’S THIRD BUSINESS DAY FOLLOWING THE DATE OF THIS AGREEMENT, EXCLUDING SUNDAYS AND HOLIDAYS. TO CANCEL, USE THE CONTACT INFORMATION LISTING BELOW IN THIS AGREEMENT. THIS SECTION APPLIES ONLY TO INDIVIDUALS RESIDING IN STATES WITH SUCH LAWS.

If Company terminates or suspends Your account for any reason, You are prohibited from registering and creating a new account under Your name, a fake or borrowed name, or the name of any third party, even if You may be acting on behalf of the third party. In addition to terminating or suspending Your account, Company reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

14. MODIFICATIONS

To Agreement

Company may modify this Agreement from time to time. Any and all changes to this Agreement will be posted on the Sites and revisions will be indicated by date. You agree to be bound to any changes to this Agreement when You use the Company Services after any such modification becomes effective. It is therefore important that You regularly review this Agreement to ensure You are informed of changes. You agree that You will periodically check the Sites for updates to this Agreement. Modifications to this Agreement shall be effective after posting.

To Services

Company reserves the right at any time to modify or discontinue, temporarily or permanently, the Company Services (or any part thereof) with or without notice. You agree that Company shall not be liable to You or to any third party for any modification, suspension or discontinuance of the Company Services.

15. DISPUTES

Between Users

If there is a dispute between Users of the Sites, or between Users and any third party, You understand and agree that Company is under no obligation to become involved. In the event that You have a dispute with one or more other Users, You hereby release Company, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or the Company Services.

With Company

A. Governing Law; Jurisdiction. This Agreement and all aspects of the Sites and Company Services shall be governed by and construed in accordance with the internal laws of the State of Wyoming, without regard to conflict of law provisions. With respect to any disputes or claims not subject to informal dispute resolution or arbitration (as set forth below), You agree not to commence or prosecute any action in connection therewith other than in the state and federal courts located in Laramie County, State of Wyoming, and You hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods is excluded from this Agreement. Additionally, application of the Uniform Computer Information Transaction Act (UCITA) is excluded from this Agreement. In no event shall any claim, action or proceeding by You related in any way to the Sites or the Company’s Services or products be instituted more than one (1) year after the cause of action arose.

B. Informal Resolution. To expedite resolution and control the cost of any dispute, controversy or claim related to this Agreement (“Dispute”), You and Company agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least sixty (60) days before initiating any arbitration or court proceeding. Such informal negotiations commence upon written notice from one person to the other.

C. Binding Arbitration. If You and Company are unable to resolve a Dispute through informal negotiations, either You or the Company may elect to have the Dispute (except those Disputes expressly excluded below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website www.adr.org. If You and the Company cannot agree as to whether a Dispute is within the exceptions to arbitration set forth below the determination of whether a Dispute is subject to arbitration or is excluded as set forth herein shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Your arbitration fees and Your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Laramie County, State of Wyoming. Except as otherwise provided in this Agreement, You and Company may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.

D. Restrictions. You and Company agree that any arbitration shall be limited to the Dispute between Company and You individually. To the full extent permitted by law, (1) no arbitration shall be joined with any other; (2) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (3) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

E. Exceptions to Informal Negotiations and Arbitration. You and Company agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (1) any Disputes seeking to enforce or protect, or concerning the validity of any of Your or Company’s intellectual property rights; (2) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (3) any claim for injunctive relief. If this Section is found to be illegal or unenforceable then neither You nor Company will elect to arbitrate any Dispute falling within that portion of this Section found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and You and Company agree to submit to the personal jurisdiction of that court.

F. No Waiver. Failure or any delay in enforcing this arbitration provision in connection with any particular Dispute will not constitute a waiver of any rights to require arbitration at a later time or in connection with any other Disputes. This provision is the entire arbitration agreement between You and Company and shall not be modified except in writing by Company.

G. Survival and Severability. This Section 15 survives termination of Your account or relationship with Company, bankruptcy, assignment or transfer. If a portion of this arbitration provision is deemed unenforceable, the remaining portions of this arbitration provision shall remain in full force and effect.

16. CLASS ACTION AND REPRESENTATIVE WAIVER. YOU AND THE COMPANY AGREE THAT ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE, WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS, AND THAT NEITHER YOU NOR THE COMPANY WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, A REPRESENTATIVE ACTION, A COLLECTIVE ACTION, A PRIVATE ATTORNEY-GENERAL ACTION, OR IN ANY PROCEEDING IN WHICH YOU OR THE COMPANY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. YOU AND THE COMPANY FURTHER AGREE THAT NO ARBITRATION OR PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER ARBITRATION OR PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF BOTH YOU AND THE COMPANY. INJUNCTIVE RELIEF MAY BE AWARDED ONLY IN FAVOR OF AN INDIVIDUAL PARTY SEEKING THAT TYPE OF RELIEF AND ONLY TO THE EXTENT AN ARBITRATOR MAY AWARD INJUNCTIVE RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE THE RELIEF WARRANTED BY THAT PARTY’S INDIVIDUAL CLAIM.

17. CORRECTIONS

Occasionally there may be information on the Sites that contains typographical errors, inaccuracies or omissions that may relate to service descriptions, pricing, availability, and various other information. Company reserves the right to correct any errors, inaccuracies or omissions and to change or update the information at any time, without prior notice.

18. DISCLAIMERS

COMPANY CANNOT CONTROL THE NATURE OF ALL OF THE CONTENT AVAILABLE ON THE SITES. BY OPERATING THE SITES, COMPANY DOES NOT REPRESENT OR IMPLY THAT COMPANY: ENDORSES ANY BLOGS, USER GENERATED CONTENT OR OTHER CONTENT AVAILABLE ON OR LINKED TO BY THE SITES, INCLUDING WITHOUT LIMITATION CONTENT HOSTED ON THIRD PARTY WEBSITES OR PROVIDED BY THIRD PARTY APPLICATIONS; OR THAT COMPANY BELIEVES USER GENERATED CONTENT, BLOGS OR OTHER CONTENT TO BE ACCURATE, USEFUL OR NON-HARMFUL. COMPANY DOES NOT CONTROL AND IS NOT RESPONSIBLE FOR UNLAWFUL OR OTHERWISE OBJECTIONABLE CONTENT YOU MAY ENCOUNTER ON THE SITES OR IN CONNECTION WITH ANY USER GENERATED CONTENT. THE COMPANY IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SITES OR COMPANY SERVICES.

YOU AGREE THAT YOUR USE OF THE SITES AND COMPANY SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITES AND THE COMPANY SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITES’ CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO OUR SITES AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITES, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITES OR COMPANY SERVICES, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITES BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITES. COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITES OR ANY HYPERLINKED SITES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

ALL CONTENT, PRODUCTS, AND SERVICES ON THE WEBSITE ARE PROVIDED TO YOU “AS IS” WITHOUT ANY GUARANTEES, OR WARRANTY, UNLESS SPECIFICALLY SET FORTH ON THE WEBSITE. COMPANY EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

19. LIMITATIONS OF LIABILITY

TO THE GREATEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY OR ITS DIRECTORS, OFFICERS, PARTNERS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITES OR COMPANY’S SERVICES OR PRODUCTS, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, COMPANY’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO COMPANY FOR THE COMPANY SERVICES AND PRODUCTS DURING THE PERIOD OF THREE MONTHS PRIOR TO ANY CAUSE OF ACTION ARISING. THIS APPLIES REGARDLESS OF THE MANNER IN WHICH ANY ALLEGED DAMAGES ARE CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT, OR OTHERWISE.

IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

20. INDEMNITY

You agree to defend, indemnify and hold Company, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from and against, any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of Your “User Generated Content” described above, use of the Company Services, including the ordering and use of a Product from the Sites, and/or arising from a breach of this Agreement and/or any breach of Your representations and warranties set forth above. Notwithstanding the foregoing, Company reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify Company, and You agree to cooperate, at Your expense, with Company’s defense of such claims. Company will use reasonable efforts to notify You of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

21. NOTICES

Except as explicitly stated otherwise, any notices given to Company shall be given by email to the address listed in the Contact Information below. Any notices given to You shall be given to the email address You provided during the registration process, or such other address as each party may specify. Notice shall be deemed to be given twenty-four (24) hours after the email is sent, unless the sending party is notified that the email address is invalid. We may also choose to send notices by regular mail.

22. USER DATA

Our Sites will maintain certain data that You transfer to the Sites for the purpose of the performance of the Company Services, as well as data relating to Your use of the Company Services. Although We perform regular routine backups of data, You are primarily responsible for all data that You have transferred or that relates to any activity You have undertaken using the Company Services. You agree that Company shall have no liability to You for any loss or corruption of any such data, and You hereby waive any right of action against Company arising from any such loss or corruption of such data.

23. ELECTRONIC CONTRACTING

Your use of the Company Services includes the ability to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS AND TO BE BOUND BY THE TERMS OF THIS AGREEMENT. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO RELATING TO THE COMPANY SERVICES, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS. In order to access and retain Your electronic records, You may be required to have certain hardware and software, which are Your sole responsibility.

24. MISCELLANEOUS

This Agreement constitutes the entire agreement between You and Company regarding the use of the Company Services. The failure of Company to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. This Agreement and Your account may not be assigned by You without Our express written consent. Company may assign any or all of its rights and obligations to others at any time. Company shall not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond Company’s reasonable control. If any provision or part of a provision of this Agreement is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between You and Company as a result of this Agreement or use of the Sites and Company Services. Upon Company’s request, You will furnish Company any documentation, substantiation or releases necessary to verify Your compliance with this Agreement. You agree that this Agreement will not be construed against Company by virtue of having drafted them. You hereby waive any and all defenses You may have based on the electronic form of this Agreement and the lack of signing by the parties hereto to execute this Agreement.

Remedies for Company. In order to avoid irreparable injury to Company, in the event of any breach or threatened breach by You of the provisions of this Agreement, We shall be entitled to seek an injunction and/or other equitable relief restraining such breach. Nothing in this Agreement shall be construed as prohibiting Company from pursuing any other remedies available to it for such breach or threatened breach, including the recovery of monetary damages from You.
Contact Information. In order to resolve a complaint regarding the Company Services or to receive further information regarding use of the Company Services, please contact Company as set forth below.

Avoscience LLC
30 N Gould Street, Suite 6791
Sheridan, WY 82801
Email: privacy@avoscience.com

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