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Terms of Use

Aviom, Inc.’s (“Aviom”) web site (the “Site”) is provided as a convenience to you, the user of the Site, and your use of the Site is conditioned on your acceptance of the terms, conditions and notices contained herein (these “Terms of Use”). You agree that Aviom may modify these Terms of Use at any time and from time to time, with or without notice to you. When you access, use or browse the Site, you accept, without limitation or qualification, these Terms of Use as if you had signed them. Also, when using any particular information, products, services, content or materials available through the Site, you are subject to any additional terms and conditions posted in connection with such information, products, services, content or materials.

1.   Acceptance of Terms.

Please read these Terms of Use and Aviom’s Privacy Policy carefully. By using the Site, you agree to these Terms of Use, and you consent to the collection and use of information as described in our Privacy Policy. If you do not agree to these Terms of Use and the terms and conditions of our Privacy Policy, you must exit the Site immediately and discontinue any use of information, products, services, content or materials from the Site.

2.   Use and Restrictions.

The Site is provided solely as a convenience to you. You may use the Site only in accordance with all applicable laws and regulations. Unless otherwise permitted by Aviom in a separate agreement, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works of, transfer, or sell any content, including, without limitation any text, source code, programs, specifications, images, audio files, articles, press releases, brochures, manuals and other information or materials available through the Site (collectively, the “Content”). Other than for your use of the Site, as expressly permitted in these Terms of Use, you may not access or attempt to access any systems or servers on which the Site is hosted or modify or alter the Site in any way. You further agree that you will not submit or transmit any information or materials via the Site, or the systems or services on which the Site is hosted, in violation of any proprietary rights of, or your contractual obligations to, any third party, or in violation of applicable laws, rules and regulations.

The Content available through the Site, including, without limitation, any information, questions, suggestions or submissions provided by you through the Site, is the sole property of Aviom and/or its licensors and is protected by patent, copyright, trademark and other intellectual property laws. Except as otherwise explicitly agreed in writing, the Content accessed through the Site may be downloaded, displayed and printed for your internal use only, provided that you must keep intact all patent, copyright, trademark and other proprietary notices on the Content. Any Content owned by Aviom’s licensors may be subject to additional restrictions.

3.  Copyright

The Site and the Content, as well as the selection and arrangement thereof, is protected by copyright, unless otherwise noted in the text of the Site, and may not be used except in accordance with these Terms of Use or with Aviom’s express written consent. Other than as necessary for your use of the Site in accordance with these Terms of Use, Aviom grants no other privileges or rights in the Content to you.

4.  Trademark

All trademarks, service marks, trade names and trade dress, whether registered or unregistered (collectively the “Marks”) that appear on the Site are proprietary to Aviom or their respective owners. You may not display or reproduce the Marks other than with the prior written consent of Aviom, and you may not remove or otherwise modify any trademark notices from any Content received through the Site.

5.  Modifications

Aviom reserves the right, at any time and from time to time, without notice, to modify, alter, or update these Terms of Use, and your continued use of the Site after such modifications, alterations or updates signifies your agreement to be bound by such modifications, alterations or updates. Aviom may also, directly or indirectly, make improvements and/or changes in the Site or any portion thereof at any time without notice or obligation to you.

Any Content, products, services, prices, specifications, designs, conditions or product descriptions offered or posted on the Site are subject to modification or discontinuation at any time and from time to time without notice or obligation to you. Without limiting the foregoing, Aviom reserves the right, in its sole discretion, to charge fees for the use or purchase of, or access to, any products, services or Content offered through the Site, at any time and from time to time, regardless of whether such products, services or Content were previously offered at no charge.

6.   Privacy

Please refer to Aviom’s Privacy Policy for information on your rights and Aviom’s responsibilities with respect to information disclosed by you or collected by Aviom.

7.  Links to Third Party Web sites

The Site may contain links to web sites and other resources operated by third parties other than Aviom. Such links are provided solely as a convenience to you. Aviom does not control such web sites, and is not responsible for the contents, or products, services or other materials offered through such web sites. Aviom’s inclusion of links to such web sites. does not imply any endorsement of any web site, or the content, products or services offered through any web site, or of any company or person. If you decide to access any third party web sites., you do so entirely at your own risk, and you may be subject to the terms and conditions and the privacy policies of such web sites.

8.  Warranties and Disclaimer

ALL CONTENT, SERVICES AND PRODUCTS CONTAINED ON THE SITE, INCLUDING LINKS, ARE PROVIDED ON AN “AS IS” BASIS WITH NO WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, AVIOM DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH CONTENT, SERVICES AND PRODUCTS, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUSES OR OTHER MALICIOUS OR UNAUTHORIZED CODE OR PROGRAMS, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, AVIOM DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE SITE IS ACCURATE, COMPLETE OR CURRENT. AS A CONDITION OF YOUR USE OF THE SITE, YOU WARRANT TO AVIOM THAT YOU WILL NOT USE THE SITE FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THESE TERMS OF USE.

9.  Limitation of Liability

AVIOM AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS AND THIRD PARTY PARTNERS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, WHETHER OR NOT AVIOM HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, TORT, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH ANY ERRORS OR OMISSIONS, VIRUSES OR OTHER MALICIOUS OR UNAUTHORIZED CODE OR PROGRAMS, THE USE, INABILITY TO USE, OR PERFORMANCE OF THE SITE OR THE CONTENT, PRODUCTS OR SERVICES AVAILABLE FROM THE SITE OR ANY LOSS, BUSINESS INTERRUPTION OR OTHER DAMAGES IN CONNECTION THEREWITH. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

10.  Indemnification

You agree to indemnify, defend and hold harmless Aviom and its officers, directors, employees, agents, suppliers, licensors and third party partners from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation by you of these Terms of Use.

11.  Dispute Resolution

If any controversy, dispute or claim arising out of or related to your use of the Site or any of the Content arises, the dispute will be resolved exclusively by binding arbitration in accordance with the then-current Commercial Rules of the American Arbitration Association. However, Aviom will have the right to petition any court of competent jurisdiction for the entry of injunctions and orders for specific performance relating to your unauthorized use, modification, copying, distribution, transmission, display, performance, reproduction, publication, license, creation of derivative works, transfer or sale of the Marks and/or the Content.

12.  Governing Law

Except as provided in Section 12, all litigation, court proceedings, arbitration proceedings, mediation proceedings, lawsuits, court hearings and other hearings initiated in connection with the Site and/or the Content must and will be venued exclusively in Philadelphia, Pennsylvania, USA. These Terms of Use and the relationship between you and Aviom will be governed by the laws of the Commonwealth of Pennsylvania, USA, without giving effect to principles of conflict of laws of any jurisdiction. If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use shall continue in effect.

13.  Miscellaneous

Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Use, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Aviom as a result of these Terms of Use, our Privacy Policy or use of the Site. Aviom’s performance of these Terms of Use is subject to existing laws and legal process, and nothing contained in these Terms of Use or our Privacy Policy is in derogation of Aviom’s right to comply with law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Aviom with respect to such use. These Terms of Use and the Privacy Policy constitute the entire agreement between you and Aviom with respect to the Site, and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Aviom with respect to the Site. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial, arbitration or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.