Terms of Use

Terms of Use (“Terms”)

Last updated: May 15, 2017

Please read these Terms of Use (“Terms”, “Terms of Use”) carefully before using the AVYST website and any AVYST client, web or mobile application (the “Services”) operated by AVYST (“us”, “we”, or “our”).

Your access to and use of the Services is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Services through you, your affiliates, agents or otherwise.

By accessing or using the Services you and your customers, clients, end-users or other third-parties related to you agree to be bound by these Terms. If you disagree with any part of these Terms then you may not and should not access the Services.

 

Purchases

If you wish to purchase or use anything made available through the Services, including any forms or documents (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your name, company name, address, phone, payment method and information, and any other personal identifying information. Any information that you provide will be subject to our Privacy Policy.

 

Subscriptions

Some parts of the Services are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring annualized basis.

 

Content

Our Services allow you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the quality of that Content. AVYST will not be responsible or liable for any Content which it does not control or cannot access.

 

Links To Other Web Sites

Our Services may contain links to third-party web sites or services that are not owned or controlled by AVYST.

AVYST has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You acknowledge and agree that AVYST shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third-party web sites or services.

 

Disclaimers

UNLESS OTHERWISE AGREED BY THE PARTIES IN WRITING OR UNDER THE CUSTOMER AGREEMENT, THE SERVICES ARE DELIVERED “AS IS” AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS OF RESPONSES AND RESULTS, OF WORKMANLIKE EFFORT, OF LACK OF VIRUSES, AND NON-INFRINGEMENT.

 

Limitation of Liability

TO THE FULLEST EXTENT OF THE LAW AND NOTWITHSTANDING ANYTHING IN THESE TERMS TO THE CONTRARY, UNDER NO CIRCUMSTANCES, SHALL AVYST BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS OR LOSS OF DATA, ARISING OUT OF THESE TERMS AND/OR THE PURCHASE, USE OR ACQUISITION OF ANY OF THE SERVICES FROM OR THROUGH AVYST, EVEN IF AVYST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER BASED IN CONTRACT, TORT, STATUTE, WARRANTY, NEGLIGENCE OR OTHERWISE.  NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS OR ANY OTHER AGREEMENT BETWEEN THE PARTIES, THE AGGREGATE LIABILITY OF AVYST WITH RESPECT TO ANY OF THE SERVICES PURCHASED, USED OR ACQUIRED FROM OR THROUGH AVYST, WHETHER BASED IN CONTRACT, TORT, STATUTE, WARRANTY, NEGLIGENCE OR OTHERWISE, IS LIMITED TO, AND SHALL NOT EXCEED, THE PURCHASE PRICE PAID TO AVYST FOR SUCH SERVICES GIVING RISE TO SUCH LIABILITY.  THIS CLAUSE SHALL SURVIVE ANY EXPIRATION OR TERMINATION OF THESE TERMS OR ANY OTHER AGREEMENT BETWEEN THE PARTIES.

 

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

 

Contact Us

If there are any questions regarding these terms you may contact us through any of the means listed below.
Website:  Contact Us
Mail: 3025 S. Parker Road, Suite 115, Aurora, CO 80014
Email:  info@avyst.com