TERMS OF USE
Your viewing and use of this website is conditioned upon and subject to your agreement
to the following Terms of Use. If you do not agree to this requirement, please leave
this site immediately and make no use of it whatsoever. Your viewing or use of this
website or of any information or links provided by or through this website shall
be deemed to indicate your agreement to these Terms of Use.
In these Terms of Use, the words “Avanara,” “we,” “us” and “our” refer to Avanara
LLC and its affiliates.
COPYRIGHT/TRADEMARKS
This website contains material, such as software, text, graphics, images, sound
recordings, audiovisual works, and other material (collectively referred to as the
“Content”). The Content may be owned by us or by third parties. The Content is protected
by copyright under both United States and foreign laws. Unauthorized use of the
Content may violate copyright, trademark, and other laws. You have no rights in
or to the Content, and you will not use the Content except as permitted under this
Agreement. No other use is permitted without prior written consent from us. You
must retain all copyright and other proprietary notices contained in the original
Content on any copy you make of the Content. You may not sell, transfer, assign,
license, sublicense, or modify the Content or reproduce, display, publicly perform,
make a derivative version of, distribute, or otherwise use the Content in any way
for any public or commercial purpose. The use or posting of the Content on any other
website or in a networked computer environment for any purpose is expressly prohibited.
If you violate any part of this Agreement, your permission to access and/or use
the Content and website automatically terminates and you must immediately destroy
any copies you have made of the Content.
Elements of this website are protected by trade dress, trademark, unfair competition,
and other state and federal laws and may not be copied or imitated in whole or in
part, by any means, including but not limited to the use of framing or mirrors.
None of the Content for this website may be retransmitted without our express written
consent for each and every instance.
SUBMISSIONS
We have provided our contact information and email links on our site because we
would like to hear from you. However, we do not want you to, and you should not,
send us any documents or other materials that contain confidential or proprietary
information. You agree that any documents or other materials that you send us become
our property. You grant us an unrestricted, irrevocable, royalty-free license to
copy, distribute, and modify any documents or other materials that you send us,
and to use for any purpose any ideas, trade secrets, know-how or other confidential
or proprietary information disclosed in those documents or other materials.
NO WARRANTIES/LIMITATION OF LIABILITY
We make no warranties or representations about the Content, including but not limited
to its accuracy, reliability, completeness, efficacy, or timeliness. We shall not
be subject to liability for truth, accuracy, or completeness of any information
conveyed to the user or for errors, mistakes or omissions therein or for any delays
or interruptions of the data or information stream from whatever cause. You agree
that you use the website and the Content at your own risk. It is your responsibility
to evaluate the accuracy, completeness or usefulness of any opinion, advice or other
Content available through the site.
We do not warrant that the website will operate error-free or that this website,
its server, or the Content are free of computer viruses or similar contamination
or destructive features. If your use of the website or the Content results in the
need for servicing or replacing equipment or data, we shall not be responsible for
those costs.
The website and Content are provided on an “as is” and “as available” basis without
any warranties of any kind. We disclaim all warranties, including, but not limited
to, the warranty of title, merchantability, non-infringement of third parties rights,
and fitness for particular purpose.
In no event shall we be liable for any damages whatsoever (including, without limitation,
incidental and consequential damages, lost profits, or damages resulting from lost
data or business interruption) resulting from the use or inability to use the website
and the Content, whether based on warranty, contract, tort (including negligence),
or any other legal theory, even if we have been advised of the possibility of such
damages. Some states do not allow exclusion of implied warranties or limitation
of liability for incidental or consequential damages, so the above limitations or
exclusions may not apply to you. In such states, our liability shall be limited
to the greatest extent permitted by law.
EXTERNAL SITES
The site may contain links to third-party websites (“External Sites”). These links
are provided solely as a convenience to you and not as an endorsement by us of the
Content on such External Sites. The Content of such External Sites is developed
and provided by others. You should contact the site administrator or Webmaster for
those External Sites if you have any concerns regarding such links or any Content
located on such External Sites. We are not responsible for the Content of any linked
External Sites and do not make any representations regarding the Content or accuracy
of materials on such External Sites. You should take precautions when downloading
files from all websites to protect your computer from viruses and other destructive
programs. If you decide to access linked External Sites, you do so at your own risk.
INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless from and against any claims,
actions or demands, including, without limitation, reasonable legal and accounting
fees, arising or resulting from your breach of this Agreement or your access to,
use or misuse of the Content or website. We shall provide notice to you of any such
claim, suit, or proceeding and shall assist you, at your expense, in defending any
such claim, suit or proceeding. We reserve the right to assume the exclusive defence
and control of any matter that is subject to indemnification under this section.
In such case, you agree to cooperate with any reasonable requests assisting our
defence of such matter.
TERMINATION OF THE AGREEMENT
We reserve the right, in our sole discretion, to restrict, suspend, or terminate
this Agreement and your access to all or any part of this website or the Content,
at any time and for any reason without prior notice or liability. We reserve the
right to change, suspend, or discontinue all or any part of this website or the
Content at any time without prior notice or liability.
MISCELLANEOUS
This Agreement is governed by the internal substantive laws of the State of New
York, without respect to its conflict of laws provisions. You expressly agree to
submit to the exclusive personal jurisdiction of the state and federal courts sitting
in the State of New York. If any provision of this Agreement is found to be invalid
by any court having competent jurisdiction or terminated in accordance with the
Termination provision above, the invalidity or termination of such provision shall
not affect the validity of the following provisions of this Agreement, which shall
remain in full force and effect: “Copyright/Trademarks,” “No Warranties/Limitation
of Liability,” “Indemnification,” “Termination of the Agreement,” and “Miscellaneous.”
Our failure to act on or enforce any provision of the Agreement shall not be construed
as a waiver of that provision or any other provision in this Agreement. No waiver
shall be effective against us unless made in writing, and no such waiver shall be
construed as a waiver in any other or subsequent instance. Except as expressly agreed
by us and you in writing, this Agreement constitutes the entire Agreement between
you and us with respect to the subject matter, and supersedes all previous or contemporaneous
agreements, whether written or oral, between the parties with respect to the subject
matter. The section headings are provided merely for convenience and shall not be
given any legal import. This Agreement will inure to the benefit of our successors,
assigns, licensees, and sublicenses’.