Terms Of Service:
The following terms and conditions govern all use of the Avantla.com Web site and all content, services and products available at or through the Web site. The Web site is owned and operated by GeoMar, LLC ("Avantla"). The Web site is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Avantla's Privacy Policy) and procedures that may be published from time to time on this Site by Avantla (collectively, the "Agreement").
Please read this Agreement carefully before accessing or using the Web site. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Web site or use any services. If these terms and conditions are considered an offer by Avantla, acceptance is expressly limited to these terms. The Web site is available only to individuals who are at least 13 years old.
Your Avantla.com Account and Site
If you create an account on the Web site, you are responsible for maintaining the security of your account and blog, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must immediately notify Avantla of any unauthorized uses of your blog, your account or any other breaches of security. Avantla will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
Fees and Payment
Optional premium paid services such as extra storage, domain purchases or hosting are available on the Web site. By selecting a premium service you agree to pay Avantla the monthly or annual subscription fees indicated for that service. Payments will be charged on the day you sign up for a premium service and will cover the use of that service for a monthly or annual period as indicated. Premium service fees are not refundable.
Intellectual Property
This Agreement does not transfer from Avantla to you any Avantla or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Avantla. Avantla, WordPress, WordPress.com, the WordPress.com logo, and all other trademarks, service marks, graphics and logos used in connection with WordPress.com, or the Web site are trademarks or registered trademarks of Avantla or Avantla's licensors. Other trademarks, service marks, graphics and logos used in connection with the Web site may be the trademarks of other third parties. Your use of the Web site grants you no right or license to reproduce or otherwise use any Avantla or third-party trademarks.
Changes
Avantla reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Web site following the posting of any changes to this Agreement constitutes acceptance of those changes. Avantla may also, in the future, offer new services and/or features through the Web site (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Termination
Avantla may terminate your access to all or any part of the Web site at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your WordPress.com account (if you have one), you may simply discontinue using the Web site. Notwithstanding the foregoing, if you have a VIP Services account, such account can only be terminated by Avantla if you materially breach this Agreement and fail to cure such breach within thirty (30) days from Avantla's notice to you thereof; provided that, Avantla can terminate the Web site immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Disclaimer of Warranties The Web site is provided "as is". Avantla and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Avantla nor its suppliers and licensors, makes any warranty that the Web site will be error free or that access thereto will be continuous or uninterrupted. If you're actually reading this,
here's a treat. You understand that you download from, or otherwise obtain content or services through, the Web site at your own discretion and risk.
Limitation of Liability
In no event will Avantla, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Avantla under this agreement during the twelve (12) month period prior to the cause of action. Avantla shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
General Representation and Warranty
You represent and warrant that (i) your use of the Web site will be in strict accordance with the Avantla Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Web site will not infringe or misappropriate the intellectual property rights of any third party.
Indemnification
You agree to indemnify and hold harmless Avantla, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Web site, including but not limited to your violation of this Agreement.
Miscellaneous
This Agreement constitutes the entire agreement between Avantla and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Avantla, or by the posting by Avantla of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Web site will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Orange County, California. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. ("JAMS") by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Santa Ana, California, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys' fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Avantla may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.