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.
