2.1 Reservation of Rights. The License granted to you does not transfer to you any right, title or interest in or to any of Avantar’s intellectual property rights or those of our suppliers or licensors. The License is a limited license, and you have no other right, title or interest in the Services, including, but not limited to, the Software. Any rights not expressly granted to you are fully reserved by us and our suppliers or licensors, as applicable, and no such rights are conferred by estoppel, operation of law, implication or otherwise.
2.2 Restrictions on Your Activities. You agree that you will not: (i) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the Software; (ii) make any modification, adaptation, improvement, enhancement, translation or derivative work from the Software; (iii) violate any applicable laws, rules or regulations in connection with your access or use of the Services; (iv) remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of Avantar or its affiliates, partners, suppliers or the licensors of the Services or otherwise obscure or modify the manner in which the Services are displayed by means of the Software; (v) install, use or permit the Software to exist on more than one Device at a time or on any other mobile device or computer, other than by means of your separate downloads of the Software, each of which is subject to a separate license (this restriction however does not limit your right to reinstall the Software on the specific Device for which it was downloaded); (vi) distribute or link the Services to multiple Devices or other services; (vii) make the Services available over a network or other environment permitting access or use by multiple Devices or users at the same time; (viii) use the Services for data mining, scraping, crawling, redirecting, or compiling a collection of listings or data for any purpose (including, without limitation, for use by a listing product or listing service that is, directly or indirectly, competitive with or in any way a substitute for any services offered by Avantar) other than one authorized pursuant to this License; (ix) use the Services to send automated queries or to send any unsolicited commercial faxes, phone calls, mail, text messages, or e-mail. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICES TO ENABLE THE TRANSMISSION OF UNSOLICITED VOICE MESSAGES, FACSIMILES, TEXT MESSAGES OR EMAILS IS IN VIOLATION OF THIS LICENSE AND MAY BE IN VIOLATION OF FEDERAL AND STATE LAWS AND REGULATIONS THAT MAY SUBJECT YOU TO PENALTIES UNDER APPLICABLE LAWS; (x) use the Services to attempt to interfere with the proper functioning and display or the proper operation and usage of the Services or the Avantar websites by any other authorized users and third parties; or (xi) use any proprietary information or interfaces of the Services or other intellectual property for any reason.
2.3 Restrictions on Use of Data or Materials. You agree that you will not use the Services for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended. By using the Services, you agree that you will not copy, reproduce, alter, modify, create derivative works from, rent, lease, loan, sell, distribute or publicly display (except for your own personal, non-commercial use) any of the data or materials accessed by the Services without the prior written consent of Avantar. You agree that you will not use the data or materials accessed by the Services for any unauthorized non-commercial marketing and promotional campaigns, target or mass solicitation campaigns or political campaigning.
3.1 Third Party Software. Some or all of the Services may be provided by an affiliate or subsidiary of Avantar or a third party, and you may be subject to both this License and the terms of service of that third party. Certain portions of the Services may utilize or include third party software that is subject to open source and third party license terms (“Third Party Software”). You acknowledge and agree that your right to use such Third Party Software as part of, or in connection with, the Services is subject to and governed by the terms and conditions of the open source or third party license applicable to such Third Party Software, including, without limitation, any applicable acknowledgements, license terms and disclaimers contained therein. In the event of a conflict between the terms of this License and the terms of such open source or third party licenses with regard to your use of the relevant Third Party Software, the terms of the open source or third party licenses shall control. In no event shall the Services or components thereof be deemed to be “open source” or “publicly available” software.
3.2 Third Party Content. Avantar may provide access to third party content, such as user-generated reviews, other content submitted by users of the Services, and links to third-party websites. Avantar does not, unless otherwise provided: (i) undertake any obligation to review, screen, or investigate materials or other information submitted or otherwise provided by third parties (including other users) in connection with the Services; (ii) undertake any obligation to review, screen, or investigate third parties who provide links to their websites (or the websites of other third parties) or the content of any such websites; or (iii) endorse any positions, ideas, ideologies, concepts, or opinions contained in such third-party content. Avantar is not responsible for any third party materials or other information, including whether the information is accurate or suitable or available for your use, for the performance or operation of any third party website, for any products or services advertised or sold by any third party (including on or through a third party’s website), or for any other action or inaction by any third party. Your use of any such third party materials will be subject to those terms to which you and the third party agree. Avantar will have the right to delete or modify any third-party content in its sole discretion. You assume all risks arising out of or resulting from your transaction of business over the Internet, and you agree that Avantar is not responsible or liable for any loss or damage resulting from your use of third-party content, websites, or services.
4.1 Compatibility. Avantar does not warrant that the Services will be compatible or interoperable with your Device or any other piece of hardware, software, equipment or device installed on or used in connection with your Device. You acknowledge and agree that Avantar and its affiliates, partners, suppliers and licensors shall have no liability to you for any losses suffered resulting from or arising in connection with compatibility or interoperability problems.
4.2 Third Party Claims. You acknowledge that you are responsible for addressing any third party claims relating to your use or possession of the Services, and agree to notify Avantar of any third party claims relating to the Services of which you become aware. Furthermore, you hereby release Avantar from any liability resulting from your use or possession of the Services.
4.3 Maintenance and Support. Avantar has no obligation to maintain or support the Services. Avantar may, without further notice to you, periodically update, modify, add to or upgrade the Services. In rare instances, such updates, modifications, additions or upgrades may cause data loss or other issues. You are solely responsible for regularly backing your data to prevent this from occurring.
4.4 Phone/Data Service. You acknowledge and understand that certain aspects of the Services require and utilize phone service, data access or text messaging capability. Except as otherwise noted as part of the Services, Avantar does not charge for the use of the Services, but carrier rates for phone, data and text messaging may apply and you are responsible for any such charges.
4.5 Geo-Positional Information. The functional use of the Services may depend upon data related to your geographic location and geo-positional data, and you acknowledge and agree that your failure to provide (or make accessible) that data may limit the functionality of the Services. Avantar makes no warranty with respect to the accuracy of Services provided to you in reliance on location and geo-positional data provided by you via your Device.
4.6 Use in Motor Vehicles. When using the Services in a motor vehicle, you shall: (i) observe all traffic laws and otherwise drive safely; (ii) use your good personal judgment while driving, and if you feel that any directions or route suggested by the Services instructs you to perform an unsafe or illegal maneuver, places you in an unsafe situation, or directs you into an area that you consider to be unsafe, then you will not follow such suggested directions or route; (iii) not input destinations, or otherwise interact with the Services, unless your vehicle is stationary and legally parked; (iv) not use the Services for any illegal, unauthorized, unintended, unsafe, hazardous, or unlawful purposes, or in any manner inconsistent with this License; and (v) arrange all wireless devices and cables necessary for use of the Services or Device in a secure manner in your vehicle so that they will not interfere with your driving and will not prevent the operation of any safety device (such as an airbag).
5.1 Intellectual Property Covenants. By downloading, installing, accessing or using the System, you acknowledge the validity and enforceability of Avantar’s copyright in the underlying Software and code. The Software and the accompanying materials are licensed, not sold, to you. Avantar maintains ownership of all copyright interests in the Software, including any derivative works based upon the Software. Unauthorized copying of the Software or accompanying materials, even if modified, merged, or included with other Software, or of the written materials, is expressly forbidden. You may be held legally responsible for any infringement of intellectual property rights that is caused or encouraged by your failure to abide by the terms of this Agreement. You may make a reasonable number of archival copies of the Software for backup and recovery purposes. In any case, when a copy is created, any copyright notices included in the Software must be reproduced in their entirety on the copy.
6.1 No Endorsement. Avantar makes no representation that any third party mobile device platform or service provider has endorsed the Services, and you should not rely on the availability of the Services by means of any App catalog, storefront, or other means of downloading as an endorsement of the Services or Avantar generally. In no event shall any third party mobile device platform or service provider have any obligation to you whatsoever to furnish any maintenance and support services with respect to the Services.
6.2 Location-Based Services. THE LOCATION-BASED SERVICES ARE INTENDED ONLY FOR CONVENIENCE AND SHOULD NOT BE USED OR RELIED ON AS AN EMERGENCY LOCATOR SYSTEM, USED WHILE DRIVING OR OPERATING VEHICLES, OR USED IN CONNECTION WITH ANY HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, OR ANY OTHER APPLICATION IN WHICH THE FAILURE OR INACCURACY OF THE LOCATION-BASED SERVICES COULD LEAD TO DEATH, PERSONAL INJURY, OR PROPERTY DAMAGE.
6.3 Advertisements. The Services may provide paid listings, advertisements or other sponsored information. The Services may also commingle sponsored information with general, unpaid search results and may not distinguish between these two categories of information. Sponsored listings or other advertisements may be given priority in display over unpaid listings.
7.1 Content You Provide. The Services may allow you to submit or generate content. To the extent you have any intellectual property rights in such content, you will retain those rights subject to the grant of a license pursuant to this Section. By uploading or otherwise submitting content in connection with your use of the Services, you grant Avantar (and its affiliates, distributors, and other contractors it may designate in its discretion) a non-exclusive, worldwide, perpetual, royalty-free, non-terminable, transferable, license, with the right to sublicense through multiple tiers, to use, distribute, reproduce, create derivative works of, publicly perform, publicly display and transmit such content for any purpose without any compensation, attribution, or other obligation to you. You agree not to submit content unless you are willing, and have the right, to grant this license for such content. Avantar reserves the right, but not the obligation, to refuse to post, or to remove, in its sole discretion any of your content.
7.2 Limitations on Your Content. You agree that you will not post any content that is unlawful, harmful, offensive, threatening, abusive, harassing, invasive of privacy, defamatory, libelous, vulgar, obscene, pornographic, indecent, lewd, suggestive, profane, hateful, racially, ethnically or otherwise objectionable or inappropriate, or that would give rise to civil liability or violate any applicable local, state, federal or international law. You agree that you will not post any content that consists of political campaigning, chain letters, mass mailings of any kind or any form of SPAM, or reviews that contain the transmission, distribution or delivery of any unsolicited bulk or commercial e-mail. You agree that you will not post content that consists of reviews written or submitted by the reviewed business’s owners, employees (past or present), agents, affiliates and/or competitors.
8.2 NO CONSEQUENTIAL DAMAGES. Avantar WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO OR CONNECTED WITH THE USE OF THE SERVICES, REGARDLESS OF THE CAUSE OF ACTION ON WHICH THEY ARE BASED, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OCCURRING, INCLUDING WITHOUT LIMITATION, THE COST OF ANY GOODS OR SERVICE WHICH MAY BE PURCHASED OR OBTAINED AS A RESULT OF USING THE SERVICES.
8.4 STATE LAW EXCEPTIONS. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. AS SUCH, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. UNLESS LIMITED OR MODIFIED BY APPLICABLE LAW, THE FOREGOING DISCLAIMERS, EXCLUSIONS AND LIMITATIONS APPLY, EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
8.6 Non-U.S. Access or Use. The Services are intended for use only by persons located in the United States. Avantar makes no claims that the Services or any of their content is accessible or appropriate outside of the United States. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.