Terms of Use

This Aviana Controls website (“Website”) is owned, operated, licensed, or controlled by Aviana Controls and is for your personal use. Please read these Website Terms and Conditions of Use (“Terms”) carefully before using the Website. The use of “You” or “Your” refers to any user of the products or services offered on the Website which is subject to these Terms. Aviana Controls reserves the right to update these Terms at any time without notice to you. However, the most current version of these Terms may be accessed by clicking on the “Terms and Conditions of Use” link located at the bottom of the Website. When you use the Website, you accept, WITHOUT LIMITATION OR QUALIFICATION, these Terms, including any changes that are made from time to time. If you do not accept or agree with these Terms, then do not use the Website or download any materials or content from it. By accessing, using, browsing, or downloading in any way, without limitation or qualification, any material on the Website, you agree to and are bound by these Terms.

Capacity to Accept these Terms

You represent that you are either 18 years of age or older and are fully able and competent to enter into the terms, conditions, obligations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. Regardless, you affirm that you are 18 years of age or older, as the Aviana Controls Website is not intended for use by persons under 18. If you are under 18 years of age, then please do not use the Aviana Controls Website.

Restrictions on Use

Aviana Controls hereby grants you permission to use the Website as set forth in these Terms, provided that: (i) your use of the Website as permitted is solely for your personal, noncommercial use; (ii) you will not copy or distribute any part of the Website in any medium without Aviana Controls prior written authorization; and (iii) you will otherwise comply with the terms and conditions of these Terms. Unless you have first obtained prior written approval, you may not do any of the following:

  • Use any robot, RATs, keyboard loggers, time bombs, spyware, adware, spider, or any other automatic devices not provided by us to extract any data or content from the Website;

  • Interfere disrupt, or attempt to gain unauthorized access to other accounts on the Website or any other computer network;

  • Frame or utilize framing techniques to enclose any trademark, logo, or other proprietary content, including page layout or form; use of any meta tags or any other “hidden text” utilizing the Aviana Controls name or trademarks.

  • Post or submit any unlawful, libelous, obscene, defamatory, scandalous, threatening, inflammatory, profane, or pornographic material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any applicable laws or regulations;

  • Create a false identity or otherwise attempt to mislead any person as to the identity or origin of any communication; or

  • Engage in any other activity deemed by Aviana Controls to be in conflict with the spirit or intent of the Website.

Intellectual Property Rights

The use of Aviana Controls trademarks, service marks and logos are prohibited without express prior written consent from Aviana Controls and Aviana Controls will strictly exercise and enforce its rights to the fullest extent of the law. You may not use, copy, republish, upload, modify, reproduce, distribute, or use Aviana Controls Website content in any way without the prior written consent of Aviana Controls, except as provided in these Terms. All of the Website content is copyrighted including, but not limited to, all text, design, graphics, images, sound files, video, interfaces, code, layout, and the selection and arrangement thereof appearing or included from time to time on the Website except where explicitly noted otherwise. You agree not to circumvent, disable, or otherwise interfere with security related features of the Website, or features that prevent or restrict use or copying of any content or enforce limitations on use of the Website or the content herein. If you modify or use materials for any other purpose, you will be violating the intellectual property rights of Aviana Controls, which it vigorously protects. The material in the Website is provided for lawful purposes only.

 

Warranties

The Website and the Website content are provided on an “as is” basis. To the fullest extent permitted by law, Aviana Controls, and each of its agents, representatives and service providers, disclaim all warranties, either expressed or implied, statutory or otherwise, including but not limited to the implied warranty of merchantability, non-infringement of third parties’ rights, and fitness for particular purpose.  Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you. The Aviana Controls Entities, their agents, representatives and service providers cannot and do not guarantee or warrant that: (a) the Website will be reliable, accurate, complete, or updated on a timely basis; (b) any files available for downloading from the Website will be free of infection by viruses, worms, Trojan horses, or other codes that manifest contaminating or destructive properties; (c) the Website will be free from human and machine errors, failure of performance, omissions, delays, interruptions and losses, including loss of data; or (d) functions or services performed on the Website will be uninterrupted or error-free.

 

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT AVIANA CONTROLS DOES NOT GUARANTEE THE CONTINUOUS UNINTERRUPTED OR SECURE ACCESS TO THE WEBSITE OR ANY RELATED SERVICES. THE OPERATION OF THE WEBSITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE THE CONTROL OF AVIANA CONTROLS.

TO THE FULLEST EXTENT ALLOWED BY LAW, YOU AGREE THAT THE AVIANA CONTROLS ENTITIES SHALL NOT BE LIABLE TO YOU AND/OR ANY OTHER PERSON FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT, INCIDENTAL, EXEMPLARY DAMAGES, DAMAGES FOR LOSS PROFITS, LOSS OF PRIVACY OR SECURITY OR FAILURE TO MEET ANY DUTY (INCLUDING BUT NOT LIMITED TO ANY DUTY OF GOOD FAITH, LACK OF NEGLIGENCE, OR WORMANLIKE EFFORT OR CONDUCT) ARISING FROM YOUR USE OF THE WEBSITE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE WEBSITE, EVEN IF THERE IS NEGLIGENCE ON THE PART OF AVIANA CONTROLS, OR AN AUTHORIZED AVIANA CONTROLS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BOTH, AND EVEN IN THE EVENT OF FAULT, TORT OR STRICT OR PRODUCT LIABILITY OR MISREPRESENTATION.

SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF, AND RELIANCE ON, THE AVIANA CONTROLS GOODS AND SERVICES, FROM INABILITY TO USE THE AVIANA CONTROLS GOODS OR SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE AVIANA CONTROLS SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).

 

Indemnity

You agree to defend, indemnify and hold harmless, Aviana Controls, its parent company, affiliates, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses, (including but not limited to attorneys’ fees) arising from: (i) your use of and access to the Website; (ii) your violation of any of these Terms, (iii) your violation of any third party right, including without limitation any copyright, property, or privacy act; or (iv) any claim that one of your User Submissions caused damage to a third party.  This defense and indemnification obligation will survive these Terms and your use of the Website. You also agree to indemnify, defend and hold harmless Aviana Controls and its third-party providers, from and against any and all losses, damage, liability and costs of every nature incurred by any claim, damage or loss related to or arising out of your use of the Website or related Websites, any alleged unauthorized use of the Website, or any breach or alleged breach by you of these Terms.

 

Termination

Aviana Controls has the right to terminate your access to the Website content for any reason whatsoever, if Aviana Controls, in its sole discretion, considers your use to be unacceptable or in violation of these Terms. Aviana Controls may, but shall be under no obligation to, provide you a warning prior to termination of your use of the Website. No failure or delay on the part of Aviana Controls in exercising any right or remedy hereunder or enforcing the terms and conditions of these Terms will operate as a waiver thereof. If any part or provision of these Terms is found to be invalid, unenforceable, or void, then the remaining portion shall remain in full force and effect.

 

Arbitration

Aviana Controls may elect to resolve any controversy or claim arising out of or relating to these Terms or the Website by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. In accordance with the Federal Arbitration Act or the state law modifying or supplementing the Federal Arbitration Act any such controversy or claim will be arbitrated on an individual basis and will not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration will be conducted in Orange County, Florida and judgment on the arbitration award may be entered in any court having jurisdiction thereof.

 

Governing Law and Exclusive Jurisdiction

This Website is controlled by Aviana Controls from its offices within the United States of America. Products and services offered by Aviana Controls are available exclusively in the United States. Claims of every nature (including without limitation, contract, tort, and strict liability) relating in any way to any aspect of the Website shall be governed by the laws of the State of Florida, United States, without regard to its conflict of law provisions. You hereby consent to jurisdiction in a state or federal court in Orange County, Florida and waive any claim or defense that such forum is not convenient or proper, and consent to service of process by any means authorized by Florida or federal law.