Terms and Conditions
Limitations of Use
The Resources are for your own personal, non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell the Resources, in whole or in part, without the prior written permission of Avion which, in all instances of written permission from Avion, Avion may or may not give within the sole, independent, absolute and uncontrolled exercise of its discretion, which shall be applicable to all grants of permission hereunder. No license, actual, implied or arising by implication or operation, arises or is granted hereunder, and you expressly disclaim, abandon and waive any right, claim or interest in or to the same.
Notice Regarding Resources
You agree that any and all Resources comprise the sole, exclusive and proprietary right and property of Avion or parties in privity with Avion, as applicable, and are subject to all the protections of copyright, trademark, and other rights and protections afforded intellectual property under applicable law, whether or not actually subject to a final or pending registration.
Any unauthorized modification, copying, distribution, transmission, display, performance, reproduction, publishing, license, creation of derivative works from, transfer, or selling of any Resources (collectively, “copying or reproduction”), in whole or in part, without the prior written permission of Avion, is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF ANY RESOURCES TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY AVION, IN WRITING.
AVION MAKES NO, AND HEREBY DISCLAIMS ALL, REPRESENTATIONS, WARRANTIES AND CONDITIONS WITH REGARD TO THE RESOURCES, INCLUDING THOSE OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
AVION MAKES NO, AND HEREBY DISCLAIMS ALL, REPRESENATIONS, WARRANTIES OR OTHER UNDERTAKINGS OR ASSURANCES THAT ANY RESOURCE MAY BE COMPATIBLE WITH ANY SYSTEM, CODE OR SOFTWARE, OR ARE FREE OF ANY VIRUS, ADWARE, MALWARE OR OTHER MALICIOUS OR DAMAGING PROGRAM OR CODE.
Notice Regarding Documents Available On This Website
Documents specified above do not include the design or layout of the www.avionrx.com or www.prenate.com websites, or any other Avion owned, operated, licensed or controlled site (collectively, “Avion Websites”). The Avion Websites are protected by trade dress, trademark, unfair competition, and other laws and regulations, and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any Avion Website may be copied or retransmitted unless expressly permitted by Avion.
AVION AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS REGARDING THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS, AVION WEBSITES OR RESOURCES FOR ANY PURPOSE. ALL SUCH DOCUMENTS, AVION WEBSITES AND RESOURCES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. AVION OR THE PARTIES IN PRIVITY WITH AVION HEREBY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES WITH REGARD TO FOREGOING, INCLUDING ALL WARRANTIES OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT WILL AVION AND/OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE DOCUMENTS, AVION WEBSITES OR RESOURCES.
THE DOCUMENTS, AVION WEBSITES OR RESOURCES COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND MAY BE SUBJECT TO PERIODIC CHANGES AND/OR IMPROVEMENTS.
Member Account & Security
If any of the Resources require you to open an account, you agree to complete the registration process by providing Avion with current, complete and accurate information. You agree that you are entirely responsible for: maintaining the confidentiality of your password and account; all activities that occur under your account; and promptly furnishing Avion with notice of all unauthorized use of your account or other breaches of security of which you are aware, upon becoming aware. You agree that Avion is not liable for any loss you may incur as a result of someone else using your password or account, either with or without your knowledge. You agree, however, to be held liable for losses incurred by Avion or another party due to someone else’s use of your account or password. You may not use anyone else’s account at any time, without the permission of the account holder and subject, in all regards, to the terms and conditions of this paragraph.
Unlawful or Prohibited Use Forbidden
Use of Services
The Resources may (although need not) include from time to time various email, chat, news, community and other resources intended to enable you communicate with others (collectively, “Communication Resources”). You agree to utilize such Communication Resources reasonably, in good faith, and in a respectful fashion, and to not use such Communications Resources for any illegal or wrongful purpose, including, without limitation, to stalk, harass, defame, libel or attack others, including, without limitation, other users, Avion or any party in privity with Avion.
Avion has no obligation to monitor the Communication Resources, although reserves the right to review materials posted to the Communication Resources and to remove any materials in its sole, absolute, independent and uncontrolled discretion. You agree that Avion has, and Avion hereby reserves, the right to terminate your access to any or all of the Communication Resources at any time, without notice, for any reason.
Avion reserves the right at all times to disclose any information as Avion deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Avion’s sole discretion.
You agree that you are responsible for exercising caution when giving out any personally identifiable information about yourself or your children in any Communication Resources. Avion does not control or endorse the content, messages or information found in any Communication Resources and, therefore, Avion specifically disclaims any liability with regard to the Communication Resources and any actions resulting from your participation in any Communication Resources. Managers and hosts are not authorized Avion spokespersons, and their views do not necessarily reflect those of Avion.
Materials uploaded to the Communication Resources may be subject to posted limitations on usage, reproduction and dissemination, to which you agree to adhere.
You agree that Avion has no obligation to provide any Communication Resources, and that the decision to provide the same will remain at all times within the sole, exclusive, independent and uncontrolled exercise of Avion’s discretion.
Materials Provided to Avion
Avion neither claims nor asserts, and hereby disclaims, ownership of any materials you provide to Avion (including feedback and suggestions), or post, upload, input or submit to any Resources for review by the general public (collectively “Submissions”). By posting, uploading, inputting, providing or submitting (collectively, “Posting”) your Submission you are granting Avion, its affiliated companies and necessary sublicensees permission to use such Submissions in regards to the operation of its and/or their internet business (including, without limitation, all Avion Resources), including, without limitation, the license rights to: (i) copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; (ii) publish your name in connection with your Submission; and (iii) sublicense such rights to any supplier of the Resources.
You agree that no compensation will be paid or due with respect to the use of your Submission, as provided herein. Avion is under no obligation to post or use any Submission you may provide and Avion may remove any Submission at any time in its sole discretion.
Notices & Procedure for Claims of Copyright Infringement
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Service Provider’s Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL NOT RECEIVE A RESPONSE.
Links to Third Pary Sites
THIRD PARTY SITES TO WHICH AVION MAY OFFER LINKS FROM TIME TO TIME ARE NOT UNDER THE CONTROL OF AVION AND AVION IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. AVION IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. AVION IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY AVION OF THE SITE.
Unsolicited Idea Submission Policy
AVION OR ANY OF ITS EMPLOYEES DO NOT ACCEPT OR CONSIDER UNSOLICITED IDEAS, INCLUDING IDEAS FOR NEW ADVERTISING CAMPAIGNS, NEW PROMOTIONS, NEW PRODUCTS OR TECHNOLOGIES, PROCESSES, MATERIALS, MARKETING PLANS OR NEW PRODUCT NAMES. PLEASE DO NOT SEND ANY ORIGINAL CREATIVE ARTWORK, SAMPLES, DEMOS, OR OTHER WORKS. THE SOLE PURPOSE OF THIS POLICY IS TO AVOID POTENTIAL MISUNDERSTANDINGS OR DISPUTES WHEN AVION’S PRODUCTS OR MARKETING STRATEGIES MIGHT SEEM SIMILAR TO IDEAS SUBMITTED TO AVION. IF, DESPITE OUR REQUEST THAT YOU NOT SEND US YOUR IDEAS AND MATERIALS, YOU STILL SEND THEM, PLEASE UNDERSTAND THAT AVION MAKES NO ASSURANCES THAT YOUR IDEAS AND MATERIALS WILL BE TREATED AS CONFIDENTIAL OR PROPRIETARY.
Reservation of Rights
Any rights not expressly granted herein are reserved.