Atinav Legal Notice

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE. The materials on this website (the "Site") are provided by Atinav ("Atinav") as a service to its customers and may be used for informational purposes only. All use of the Materials or the Site is subject to the terms (the “Terms”) of this Legal Notice. Single copies may be downloaded subject to the provisions below. By downloading any materials from this Site, you agree to these Terms. If you do not agree to them, do not use the Site or download any materials from it.

1. TRADEMARK / SERVICEMARK INFORMATION.

Registered trademarks of Atinav include aveAccess®, aveComm®, aveLink®, aveConnect®, and the Atinav® logo. Other brands and names that may appear on the Site are the property of their respective owners.

2. SINGLE COPY LICENSE.

The materials at this Site are copyrighted and any unauthorized use of any materials at this Site may violate copyright, trademark, and other laws. You may download one copy of the information or software ("Materials") found on the Site on a single computer for your personal, non-commercial internal use only, unless specifically licensed to do otherwise by Atinav in writing or as allowed by any license terms which accompany or are provided with individual Materials. This is a license, not a transfer of title, and is subject to the following restrictions: you may not: (a) modify the Materials or use them for any commercial purpose, or any public display, performance, sale or rental; (b) decompile, reverse engineer, or disassemble software Materials except and only to the extent permitted by applicable law; (c) remove any copyright or other proprietary notices from the Materials; (d) transfer the Materials to another person. You agree to prevent any unauthorized copying of the Materials to the extent reasonably possible.

3. OWNERSHIP OF MATERIALS.

Materials are copyrighted and are protected by worldwide copyright laws and treaty provisions. They may not be copied, reproduced, modified, published, uploaded, posted, transmitted, or distributed in any way, without Atinav's prior written permission. Except as expressly provided herein, Atinav does not grant any express or implied right to you in any patents, copyrights, trademarks, or trade secret information. Other rights may be granted to you by Atinav in writing or incorporated elsewhere in the Materials.

4. TERMINATION OF THIS LICENSE.

Atinav may terminate this license at any time if you are in breach of the Terms of this Agreement. Upon termination, you will immediately destroy any copies of the Materials in your possession.

5. DISCLAIMER.

THE MATERIALS AND THE SITE ARE PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL ATINAV BE LIABLE FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE MATERIALS, EVEN IF ATINAV HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. Atinav and its suppliers further do not warrant the accuracy or completeness of the information, text, graphics, links or other items contained within the Materials. Atinav may make changes to the Materials at any time without notice. Atinav makes no commitment to update the Materials.

6. U.S. GOVERNMENT RESTRICTED RIGHTS.

The Materials are provided with "RESTRICTED RIGHTS." Use, duplication or disclosure of the Materials by the U.S. Government and parties acting on its behalf is governed by, and subject to the restrictions set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19, as applicable. Use of the Materials by the Government constitutes acknowledgment of Atinav's proprietary rights in them.

7. USER SUBMISSIONS.

Any material, information or other communication you transmit or post to this Site will be considered non-confidential and non-proprietary ("Communications"). Atinav will have no obligations with respect to the Communications. By making Communications on the Site, you grant to Atinav a perpetual, royalty-free, fully paid-up world-wide license to use, distribute, sublicense, lease and market (directly or indirectly through agents and distributors), display, perform, modify and have modified, reproduce, copy and have copied, publish and prepare derivative works thereof in any form and format and in any media in existence or hereinafter developed, the Communications and any and all information contained therein. Atinav and its designees will be free to copy, disclose, distribute, incorporate and otherwise use the Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or non-commercial purposes. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law.

8. USER FORUMS.

Atinav may, but is not obligated to monitor, review, block, or remove any areas on the Site where users transmit or post Communications or communicate solely with each other, including but not limited to chat rooms, bulletin boards or other user forums, and the content of any such Communications. Atinav, however, will have no liability related to the content of any such Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise.

9. USER REPRESENTATIONS; INDEMNIFICATION.

You hereby represent and warrant that (a) the information you provide to Atinav on any forms on the Site is true and accurate, (b) you will at all times comply with all applicable laws, rules, and regulations with respect to your use of the Site, (c) you will not use the Site in connection with making Communications or otherwise, to infringe, misappropriate or violate the rights of Atinav or third parties, (d) you will only make Communications of such information to which you have sufficient rights to grant the license set forth in Section 7., above, (e) you will not knowingly include in Communications or otherwise introduce to or through the Site any viruses or other items of a destructive nature, and (f) you will comply at all times with these Terms for the Site as they may be amended from time to time by Atinav.
You will indemnify and hold harmless Atinav against any and all judgments, settlements, penalties, costs and expenses (including attorneys' fees) paid or incurred in connection with claims due to, resulting from or arising in connection with Communications made distributed, displayed, transmitted or published by you, including but not limited to those attributable to (a) infringement, misappropriation or violation of any copyrights or other proprietary rights of any third party, and (b) errors in or omissions from such Communications.

10. USE OF PERSONALLY IDENTIFIABLE INFORMATION.

All use of personally identifiable information submitted by you to Atinav via any forms on the Site is governed by the terms of Atinav's Privacy Statement which is posted on the Site.

11. LINKS TO / FROM OTHER SITES.

Third party sites may be linked to from the Site. Such linked sites are not under the control of Atinav, and Atinav is not responsible for the content of any linked site or any link contained in a linked site. Atinav reserves the right to terminate any link or linking program at any time. Atinav does not endorse companies or products to which it links, unless it expressly states otherwise. If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk.
You may provide links to the Site from other sites provided that (a) you link only to the Site home page, (b) you do not remove or obscure, by framing or otherwise, any identifications, advertisements, copyright notice, or other notices on the Site, (c) you give Atinav notice of such link via e-mail or certified postal mail, and (d) you discontinue providing links to the Site if requested by Atinav.

12. APPLICABLE LAWS.

Atinav controls this Site from its offices within the United States of America. Atinav makes no representation that Materials in the Site are appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Materials in violation of U.S. export laws and regulations. You agree that any claim relating to the Materials shall be governed by the substantive laws of the State of New Jersey, and you agree to personal jurisdiction therein.

13. GENERAL.

Atinav may revise these Terms at any time by updating this posting. You should visit this page from time to time to review the then-current Terms because they are binding on you. Certain provisions of these Terms may be superseded by additional express legal notices or terms posted on particular pages of this Site. Your access to the Site may be terminated immediately upon notice to Atinav if any change is unacceptable. Continued use of the Site following any change constitutes acceptance of the change.
You may terminate your access to the Site at any time. Atinav may suspend or discontinue providing the Materials to you with or without cause and without notice. Atinav may pursue any other remedy legally available to it if you fail to comply with any of your obligations hereunder.
Except as otherwise provided herein, all notices and other communications hereunder shall be in writing or displayed electronically on the Site by Atinav. Notices shall be deemed to have been properly given: 1) on the date deposited in the U.S. mails, if mailed; 2) on the date first made available, if displayed in the Site; or 3) on the date received, if delivered in any other manner. Notices to you may be sent to any of the addresses provided by you on any form on the Site. Except as expressly directed otherwise by Atinav herein or elsewhere in the Site, notices to Atinav should be sent to info@atinav.com.
The failure of Atinav to enforce any provision hereof shall not constitute or be construed as a waiver of such provision or of the right to enforce it at a later time. e. You may not assign your rights or delegate your duties under these Terms. f. Any controversy or claim arising out of or relating to these Terms for the Site, or the breach thereof, will be settled by binding arbitration conducted before one arbitrator who is knowledgeable in computer and cyberspace law. The site of any such arbitration will be as selected by Atinav. The arbitration will be conducted in accordance with the then applicable Commercial Arbitration Rules of the American Arbitration Association. The award rendered by the arbitrator will be binding and conclusive on the parties and judgment upon such award may be entered in any court having jurisdiction thereof. Each party will bear its own costs and expenses, including fees and expenses of counsel, associated with the arbitration. The arbitrator will not be empowered to award punitive damages to either party. g. These Terms constitute the entire agreement between the parties with respect to the subject matter hereof. All prior agreements, understandings, negotiations or representations, whether oral or in writing, relating to the subject matter hereof are superseded and canceled in their entirety. h. If any provision hereof is adjudged to be invalid, void, or unenforceable, the parties agree that the remaining provisions hereof will not be affected thereby, that the provision in question may be replaced by the lawful provision that most nearly embodies the original intention of the parties, and that these Terms for the Site will in any event remain valid and enforceable.