Terms & Conditions

Please read these terms and conditions of use carefully.

Welcome to the Avanoo website, or other technology platforms or products (collectively, the “Avanoo Site”, including, without limitation, all web pages found at www.avanoo.com). The Avanoo Site is made available to you by Avanoo, Inc., a Delaware corporation (“Avanoo”). By using the Avanoo Site, you signify your agreement to these Terms and Conditions of Use (the “Terms and Conditions”). If you do not agree to all of these Terms and Conditions, do NOT use the Avanoo Site. Avanoo may revise and update these Terms and Conditions at any time. Your continued usage of the Avanoo Site means you accept those changes.

The Avanoo Site Does Not Provide Medical Advice or Treatment

The contents of the Avanoo Site, such as text, graphics, images, information, messaging, audio, video, and other material contained on the Avanoo Site (“Content”) are for informational purposes only. The Avanoo Site does not provide medical or healthcare advice or treatment. The Content is not a substitute for professional medical advice, care, diagnosis, prescription or treatment. Always seek the advice of your physician or other qualified health provider with any questions or concerns you may have regarding a medical condition, and to obtain the proper treatment. If you are having (or think you may be having) a medical emergency, call 911 immediately. Never disregard professional medical advice or delay seeking medical advice because of information from, or reliance on, the Avanoo Site.

Children’s Privacy

We are committed to protecting the privacy of children. The Avanoo Site is intended for adults, and is not intended for children under the age of 16.

Use of Content

Avanoo prohibits you from copying, downloading, or reproducing any Content from the Avanoo Site for any purpose without the prior written consent from Avanoo, Inc. The Content is protected by copyright under both United States and foreign laws. Title to the Content remains with Avanoo. Any use of the Content not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws. Content and features are subject to change or termination without notice at the editorial discretion of Avanoo. All rights not expressly granted herein are reserved to Avanoo. If you violate any of these Terms and Conditions, your permission to use the Content automatically terminates, and you must immediately delete, destroy, or remove any copies you have made of any portion of the Content.

Avanoo reserves the right to deny use of its mobile application by any prospective user.

Personal Use of Contents

Avanoo requires registration for each user of the Avanoo Site. Each subscription through our website is valid for one individual’s personal use of the Avanoo Site. Each account is specific to the individual who registers the username, and your account may not be transferred or used by any other person, business, or organization. By registering your account, you agree not to sell, publish, distribute, or otherwise provide access to your account to others, including, if applicable, your fellow students or employees.

Business Use License

The Avanoo Site offers a different pricing and use model to businesses and organizations of more than one individual. Any business or organization using the Avanoo Site must pay, register, and obtain a “business-use license” directly from Avanoo, and may not register through our website as a personal user. Any use by a business or organization in violation of the foregoing sentence shall be void and cancellable and will result in liability by the user(s) for the full cost of a business-use license.

Cookies and tracking technologies

Avanoo does not use cookies and tracking technologies to collect personal data.

Limitation of Liability

The Avanoo Site and Content are provided on an “as is” basis. Use of the Avanoo Site and Content is at your own risk. When using the Avanoo Site, information will be transmitted over a medium that may be beyond the control and jurisdiction of Avanoo. Accordingly, Avanoo assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Avanoo Site.

Avanoo assumes no responsibility for any consequence relating directly or indirectly to any action or inaction you take based on the avanoo site or the content. In no event shall Avanoo, its employees, representatives, or any third parties be liable for any damages (including, without limitation, incidental and consequential damages, personal injury or wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the Avanoo Site or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not Avanoo, its employees, representatives or any third parties mentioned on the Avanoo Site are advised of the possibility of such damages. By using this Site, you agree that Avanoo, its employees, representatives, and customers will not be liable for any personal injury (including death) caused by your use or misuse of the Avanoo Site or any Content. Any claims arising in connection with your use of the Avanoo Site must be brought within one (1) year of the date of the event giving rise to such action occurred.

Avanoo disclaims all warranties, express or implied, including, but not limited to, the implied warranties of merchantability, non-infringement of third parties’ rights, and fitness for particular purpose. Without limiting the foregoing, Avanoo makes no representations or warranties with respect to the accuracy, reliability or completeness of the Content or any communications provided on or through the use of the Avanoo Site.

User Content

You are responsible for all Content that you submit, post, or otherwise make available to or through the Avanoo Site. By doing so, you represent and warrant to Avanoo that such Content is not confidential and that you have all necessary permission to submit, post, and otherwise make available such Content.

The personal information you submit to Avanoo is governed by the Avanoo Privacy Policy. To the extent there is an inconsistency between this Agreement and the Privacy Policy, this Agreement shall govern.

The Avanoo Site may contain functionality that allows users to upload content to the Site. You agree that you will not upload or transmit any communications or content of any type that infringe or violate any rights of any party.

If you submit any business information, idea, trade secrets, or invention to Avanoo by email or otherwise, you agree such submission is non-confidential for all purposes.

Media Content

You agree that you will only upload or publish photographs, videos, audio, or text (“Media”) to the Avanoo Site that you have taken or written yourself or that you have all rights to transmit and license and which do not violate trademark, copyright, privacy, or any other rights of any other person. By uploading any photographs and video on the Avanoo Site, you warrant that you have permission from all persons appearing in your Media for you to make this contribution and grant rights described herein. You further agree not to post a picture or video of, or with, someone else unless you have their explicit written permission.

Avanoo reserves the right to review all Media prior to submission to the Site (or thereafter) and to remove any Media for any reason, at any time, without prior notice, at our sole discretion.

It is strictly prohibited to upload Media of any kind that contain expressions of hate, abuse, offensive images or conduct, obscenity, pornography, sexually explicit material, or any material that could give rise to any civil or criminal liability under applicable law or regulations, or that otherwise may be in conflict with these Terms and Conditions and the Avanoo Privacy Policy.

Subject to the Privacy Policy, by uploading any Media, you grant to Avanoo a perpetual, non-exclusive, worldwide, royalty-free license to use, copy, display, reproduce, modify, post, transmit and distribute the Media, and any material included in the Media in connection with the function of the Avanoo Site. Further, you certify that any person pictured in the submitted Media (or the parent or legal guardian of any minor) authorizes Avanoo to use, copy, display, reproduce, modify, post, transmit, and distribute the Media, and any material included in such Media, in connection with the function of the Avanoo Site. In addition, you agree to indemnify Avanoo and its officers, directors, employees, and representatives, and hold them harmless from any and all claims and expenses, including attorneys' fees, arising from the use of the Media or your failure to comply with these Terms and Conditions.

By using the Avanoo Site, you agree not to upload any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of the Avanoo Site, or any other computer software.

Passwords

Avanoo has tools that allow you to record and store information. It is your sole responsibility to maintain the confidentiality of the password associated with your account, control the access to and use of your password and account, monitor all activities under your account, and assume full responsibility for all activities that occur under your account (unless Avanoo causes a security breach). Further, you agree to promptly inform Avanoo if you believe your account or password has been compromised, or if there is any other reason you need to deactivate your account or password.

You grant Avanoo and its employees and representatives involved in the operation of the Avanoo Site the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Avanoo Site. Avanoo cannot and does not assume any responsibility or liability for any information you submit, or the use or misuse of information transmitted or received to others using Avanoo tools and services.

Indemnity

You agree to defend, indemnify, and hold Avanoo, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities, and settlements including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions.

General

Avanoo is based in San Francisco, California, in the United States of America. Avanoo makes no claims that Avanoo, Inc., the Avanoo Site, or the Content are appropriate or may be downloaded outside of the United States. Access to the Avanoo Site or the Content may not be legal by certain persons or in certain countries. If you access the Avanoo Site from outside the United States, you are responsible for compliance with the laws of your jurisdiction.

Jurisdiction

You expressly agree that exclusive jurisdiction for any dispute with Avanoo, or in any way relating to your use of the Avanoo Site, resides in the courts of the State of California, county of San Francisco, and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of California in connection with any such dispute including any claim involving Avanoo or its affiliates, subsidiaries, employees, contractors, officers, directors, service providers, or content providers. These Terms and Conditions are governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

Complete Agreement

Except as expressly provided in a particular "legal notice" on the Avanoo Site, these Terms and Conditions and the Avanoo Privacy Policy constitute the entire agreement between you and Avanoo with respect to the use of the Avanoo Site.
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