IMPORTANT – READ CAREFULLY: YOUR USE OF THE PAVIA SYSTEMS, INC. WEBSITE AND ITS SERVICES IS CONDITIONED UPON YOUR COMPLIANCE WITH AND ACCEPTANCE OF THESE TERMS.
ACCEPTANCE OF TERMS
“Pavia Content” means all materials and information provided by Pavia.
“Pavia Services” are the Services offered by Pavia through the Site.
“Services” are Pavia Services and other services operated by Pavia and third parties through the Site.
“User Content” is all user-supplied information, materials, files, communications, and documents.
“User Content,” “Pavia Content,” and third party content on the Site is collectively referred to as “Content”.
LIMITATIONS ON USE OF PAVIA CONTENT
You shall not use Pavia Content, directly or indirectly, for any purpose other than the use or possible use of Services offered through the Site on the terms set forth herein, and such permitted use shall absolutely cease if and when you are notified by Pavia of the termination of your permitted use. Without limiting the generality of the foregoing: (i) you shall not use Pavia Content in any judicial or administrative proceeding, and (ii) you shall not use any Pavia Content to provide, develop, distribute, deliver, use or sell products or services embodying any such information, or otherwise compete with, circumvent, or act to the detriment of Pavia.
INTELLECTUAL PROPERTY; LIMITED LICENSE TO USERS
In addition to the Pavia Content and Pavia Services offered by Pavia, this Site may also make available materials and information provided by third parties (“Third Party Content”), and services provided by third parties (“Third Party Services”). The Third Party Content and Third Party Services may be governed by separate license agreements that accompany such content and services. Pavia offers no guarantees and assumes no responsibility or liability of any type with respect to the Third Party Content and Third Party Services, including any liability resulting from incompatibility between the Third Party Content and Third Party Services and the Pavia Content and Pavia Services. You agree that you will not hold Pavia responsible or liable with respect to Third Party Content or Third Party Services or seek to do so.
Except as expressly indicated to the contrary elsewhere on the Site, you may view, download, and print the Pavia Content available on this Site subject to the following conditions:
The Pavia Content may be used solely for the individual user’s informational purposes.
You may not share your user name with another user and you may not use another user’s user name.
The Pavia Content may not be modified or altered in any way.
The Pavia Content on the Site may not be republished, distributed or sold, rented, leased, or licensed to others.
You may not remove any copyright or other proprietary notices contained in the Pavia Content.
Pavia reserves the right to revoke the authorization to view, download, and print the Pavia Content available on the Site at any time, and any such use shall be discontinued immediately upon notice from Pavia.
The rights granted to you herein constitute a license and not a transfer of title.
The rights specified above to view, download, and print the Pavia Content available on this Site are not applicable to the design or layout of this Site. Elements of this Site are protected by trade dress and other laws and may not be copied or imitated in whole or in part.
The trademarks, logos, and service marks (“Marks”) displayed on the Site are the property of Pavia or third parties. You are not permitted to use the Marks without the prior written consent of Pavia or such third party owner.
LICENSE TO PAVIA FOR USER CONTENT
Certain Services offered through the Site accommodate or require User Content. By submitting User Content to this Site, you grant Pavia one of the following types of licenses:
1. For User Content that is the result of your creative efforts and which is intended to be displayed on the Site, you grant Pavia a worldwide, royalty-free, non-exclusive license to modify (for purposes of formatting, maintenance, or Site administration only) and reproduce such User Content. You also grant Pavia the right to distribute and publicly display and perform such User Content for the purpose for which such User Content was submitted to the Site. This license will be in effect until such User Content is removed from the Site.
2. For User Content such as comments to Pavia on user forms, reports or suggestion forms, you grant Pavia and the users of this Site an unrestricted, worldwide, irrevocable license to use, reproduce, display, perform, modify, transmit, and distribute such User Content, and you also agree that Pavia is free to use any ideas, concepts, know-how, or techniques that you send us for any purpose without any compensation to you. However, we will not release your name or otherwise publicize the fact that you submitted such User Content to us unless: (a) you grant us permission to do so; (b) we first notify you that the User Content you submit to a particular part of the Site will be published or otherwise used with your name on it; (c) we have a good faith belief that we are required to do so by law and/or in response to a subpoena or court order; or (d) we believe it necessary in order to protect the rights of Pavia or others.
You may submit only User Content to the Site that is (a) owned by you, (b) submitted with the express permission of the owner or within the scope of the license to such content, or (c) in the public domain. You are prohibited from posting or transmitting to or from the Site any unlawful, threatening, harassing, libelous, offensive, defamatory, obscene, or pornographic materials, or other materials that would violate any law or the rights of others, including, without limitation, laws against copyright infringement, and rights of privacy and publicity. Violation of these restrictions may result in denial of or limitations on access by you to the Site.
In using the Site, including all Services and Content available through it, you agree: not to disrupt or interfere with any other user’s enjoyment of the Site or affiliated or linked sites; not to upload, post, or otherwise transmit through the Site any viruses or other harmful, disruptive, or destructive files; not to create a false identity; not to use or attempt to use another’s account, password, service, or system without authorization from Pavia; not to access or attempt to access any Content which you are not authorized to access; not to disrupt or interfere with the security of, or otherwise cause harm to, the Site, or any Services, Content, system resources, accounts, passwords, servers, or networks connected to or accessible through the Site or any affiliated or linked sites.
MANAGING CONTENT AND COMMUNICATIONS
Pavia reserves the right, in its sole discretion, to delete or remove User Content from the Site and to restrict, suspend, or terminate your access to all or part of the Site, at any time without prior notice or liability. Pavia may, but is not obligated to, monitor or review any areas on the Site where users transmit or post User Content, including but not limited to areas where Services are available, and the substance of any User Content. To the maximum extent permitted by law, Pavia will have no liability related to User Content. Pavia disclaims all liability with respect to the misuse, loss, modification, or unavailability of any User Content.
BECOMING A USER
To become a user of this Site for the purpose of utilizing the Services, you must complete the Site registration process, providing accurate and complete information in response to the information required in the Site’s user registration form (“Registration Information”), and must promptly update such information in the event of any changes so that user’s Registration Information is always accurate and complete.
The person who completes the Site registration is the initial administrator for the user or enterprise (“Administrative User”), and exercises certain options to initially determine the user’s access to Services. All notices from Pavia to a user will be given to the current Administrative User and/or to the designated billing contact at the e-mail address set forth for the Administrative User and/or for the designated billing contact in the user’s Registration Information. In its sole discretion, Pavia will determine the timing, nature, and content of all communications with Administrative Users, billing contacts and other users.
USER NAMES AND PASSWORDS
WARRANTIES AND DISCLAIMERS
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT BETWEEN YOU AND PAVIA OR YOU AND A THIRD PARTY WITH RESPECT TO SUCH PARTY’S MATERIALS OR SERVICES, THIS SITE, AND ALL CONTENT AND SERVICES ACCESSIBLE THROUGH THIS SITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, PAVIA MAKES NO WARRANTY THAT (I) THE SERVICES AND CONTENT WILL MEET YOUR REQUIREMENTS; (II) THE SERVICES AND CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR CONTENT WILL BE EFFECTIVE, ACCURATE, OR RELIABLE; (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, OR CONTENT OBTAINED OR ACCESSIBLE BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS; AND (V) ANY ERRORS IN THE SERVICES OR CONTENT OBTAINED THROUGH THE SITE, OR ANY DEFECTS IN THE SITE, ITS SERVICES OR CONTENT, WILL BE CORRECTED.
This Site could include technical or other mistakes, inaccuracies, or typographical errors. Pavia may make changes to the Content and Services on the Site at any time without notice. Pavia will make its best effort to keep the Content and Services on the Site up to date, but makes no formal commitment to update such Content or Services.
You understand and acknowledge that (i) Pavia does not control, endorse, or accept responsibility for any content, products, or services offered by third parties through the Site, including, without limitation third party vendors and third parties accessible through links on the Site; (ii) Pavia makes no representation or warranties whatsoever about any such third parties, their content, products, or services; (iii) any dealings you may have with such third parties are at your own risk; and (iv) Pavia shall not be liable or responsible for any content, products, or services offered by third parties.
LIMITATION OF LIABILITY
IN NO EVENT, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL PAVIA, ITS SUBSIDIARIES, AFFILIATES, AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, WHETHER OR NOT PAVIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR THE INABILITY TO USE THIS SITE, ITS SERVICES, OR CONTENT, THE STATEMENTS OR ACTIONS OF ANY THIRD PARTY ON OR THROUGH THE SITE, ANY DEALINGS WITH VENDORS OR OTHER THIRD PARTIES, ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, ANY FAILURE TO STORE OR LOSS OF DATA, FILES, OR OTHER CONTENT, ANY SERVICES AVAILABLE THROUGH THE SITE THAT ARE DELAYED OR INTERRUPTED, OR ANY WEB SITE REFERENCED OR LINKED TO OR FROM THIS SITE.
INDEMNITY AND LIABILITY
GOVERNING LAW AND JURISDICTION
WAIVER OF RIGHT TO JURY TRIAL