Terms of Use

Effective Date: February 15, 2024

This website, located at uniform resource locator www.avisitech.com (the “Website”), is provided by Avisi Technologies to the person accessing the Website.

1. You Agree to These Terms by Using the Website

Your access to, and use of, the Website is subject to the following Terms of Use and all applicable laws and regulations. By accessing and using the Website, you accept, without limitation or qualification, these Terms of Use. Avisi Technologies may, at any time and without notice, modify these Terms of Use by revising them on the Website. Your continued use of the Website constitutes your acceptance of any such revisions. You should therefore periodically visit this page to review the current Terms of Use. You may not modify these Terms of Use except in a written agreement signed by Avisi Technologies.

If you do not agree and accept, without limitation or qualification, these Terms of Use, you must exit the Website immediately.

2. Permitted Use of the Website

The information and materials on the Website are provided for general informational purposes. You may use the site solely for the purpose of learning about Avisi Technologies and its products and services. You may not use, reproduce or distribute the text, graphics, downloads, tools or any other content on the Website for any other purpose.

3. Notice; Electronic Communications

When you visit the site or send emails to Avisi Technologies, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

4. Privacy

The Avisi Technologies Privacy Policy is incorporated and made part of these Terms of Use. You hereby agree to such Privacy Policy. Any personal data (for example, your name, address, telephone number or email address) that you transmit to the Website by electronic mail or otherwise will be used by Avisi Technologies in accordance with the Privacy Policy. Any other communication or material you transmit to the Website, such as questions, comments, suggestions or the like, will be treated as non-confidential and non-proprietary.

5. Disclaimer – Warranty

THE WEBSITE, ITS CONTENT, MATERIALS, SERVICES AND PRODUCTS ON THE SITE ARE PROVIDED “AS IS.” TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, AVISI TECHNOLOGIES HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Avisi Technologies does not represent or warrant that the functions contained in the Website will be uninterrupted or error-free, that the defects will be corrected, or that the Website or the server that makes the Website available are free of viruses or other harmful components. Avisi Technologies does not make any warranties or representations regarding the use of the materials in the Website in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

6. Indemnification

You agree to indemnify, defend, and hold harmless Avisi Technologies, its officers, directors, employees, agents, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms of Use or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

7. Limitations of Liability

YOUR USE OF THE SITE IS AT YOUR OWN RISK. NEITHER AVISI TECHNOLOGIES, NOR ANY OF ITS SUBSIDIARIES, AFFILIATES, OFFICERS OR DIRECTORS, NOR ANY OF ITS AGENTS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE OR ITS CONTENT, ARE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

8. Third-Party Links

In an attempt to provide increased value to our visitors, Avisi Technologies may link to sites operated by third parties. However, even if the third party is affiliated with Avisi Technologies, Avisi Technologies has no control over these linked sites, all of which may have separate terms and conditions of use, independent of Avisi Technologies. These linked sites are only for your convenience and therefore you access them at your own risk. Without limiting the foregoing, Avisi Technologies specifically disclaims any responsibility if such sites: (i) infringe any third party’s intellectual property rights; (ii) are inaccurate, incomplete or misleading; (iii) are not merchantable or fit for a particular purpose; (iv) do not provide adequate security; (v) contain viruses or other items of a destructive nature; or (vi) are libelous or defamatory.

Avisi Technologies does not endorse the content, or any products or services available, on such sites. Nonetheless, Avisi Technologies seeks to protect the integrity of its website and the links placed upon it and therefore requests any feedback on not only this Website, but for sites it links to as well (including if a specific link does not work).

9. Trademarks

The following trademarks are our property: Avisi Technologies, and our company logo are trademarks of Avisi Technologies in the United States and various other countries. These marks may not be used without our consent on any product or service, except our own.

10. Copyright

All content included on the Website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Avisi Technologies or its content suppliers and protected by United States and international copyright laws. The compilation of all content on the Website is the exclusive property of Avisi Technologies and protected by United States and international copyright laws. All software used on the Website is the property of Avisi Technologies or its software suppliers and protected by United States and international copyright laws. You agree not to change or delete any proprietary notices from materials printed or downloaded from the Website.

11. Copyright Complaints

Avisi Technologies respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at info@avisitech.com.

12. Export Control

Software and other materials downloaded or otherwise made available from the Website may be subject to United States Export Control. The United States Export Control laws prohibit the export of certain technical data and software to certain territories. No software from the Website may be downloaded or exported: into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Sudan, Syria, or any other country to which the United States has embargoed goods; or anyone on the United States Treasury Department’s list of Specially Designated Nationals or the United States Commerce Department’s Table of Deny Orders.

Avisi Technologies does not authorize the downloading or exportation of any software or technical data from the Website to any jurisdiction prohibited by the United States Export Control Laws.

13. Dispute Resolution and Arbitration

Binding Arbitration. You and Avisi Technologies agree that any legal dispute between you and Avisi Technologies concerning or arising in any way out of these Terms or Use, the Privacy Policy, any purchase from Avisi Technologies, any communications between you and Avisi Technologies, or your participation in any other program or service provided by Avisi Technologies shall be resolved through binding individual arbitration and not in court. You may bring any individual claim in small claims court consistent with the jurisdictional and dollar limits that may apply, as long as they are brought and maintained as an individual claim. The term “dispute” means any dispute, action, claim, or other controversy between you and Avisi Technologies, whether in contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis. “Dispute” will be given the broadest possible meaning allowable under law.

You understand and agree that you and Avisi Technologies are waiving the right to sue or go to court to assert or defend your rights. If for any reason, a dispute proceeds or is being adjudicated in court, you and Avisi Technologies both agree to waive any right to a jury trial.

Waiver of Right to Bring Class Action and Representative Claims. You and Avisi Technologies understand and agree that there is no right to a judge or jury in arbitration. You and Avisi Technologies agree that any dispute proceedings will proceed only on individual basis, and not in class, joint, consolidated or representative action of any kind in court or arbitration, and you and Avisi Technologies each agree to hereby waive the right to a trial by jury, to assert or participate in any class action lawsuit or class action arbitration, any private attorney general lawsuit or private attorney general arbitration, and any joint, consolidated, or representative proceeding. The arbitrator is empowered to resolve any dispute with the same remedies available in court, including public injunctive relief. The arbitrator shall follow the terms of these Terms of Use.

How Arbitration Works. Each party―you or Avisi Technologies―may initiate arbitration by sending to the other a request in writing with confirmation receipt. The payment of filing, administrative, and arbitrator’s fees shall be governed by the American Arbitration Association (“AAA”) rules. The arbitration shall be conducted by the AAA pursuant to its Consumer Arbitration Rules (“AAA Rules”), as modified by these Terms of Use including these arbitration provisions. The AAA Rules are available on the AAA’s website at www.adr.org, or by calling the AAA at (800) 778-7879. The arbitration hearing shall take place in the County of Philadelphia, United States of America, or at another mutually agreed upon location, or by the video, telephone, or teleconference based on written submissions if the parties so agree.

Governing Law and Other Terms. By accessing the Website, or using any of the Avisi Technologies services, you agree that the Terms of Use, including arbitration provisions, other provisions presented within, and Privacy Policy, shall be governed by, and interpreted, construed, and enforced in accordance with, the Federal Arbitration Act and federal arbitration law and, to the extent that state law applies to any aspect of these Terms of Use, the applicable law will be the laws of the State of Pennsylvania without regard to principle of conflict of laws. The parties agree that any issue concerning the validity of the class/representative action waiver above must be decided by an arbitrator. This Dispute Resolution & Arbitration provision survives the termination of your relationship with Avisi Technologies.

14. Law and Jurisdiction

These Terms of Use and your use of the Website are governed by the laws of the State of Pennsylvania, without regard to its choice of law provisions. The courts of general jurisdiction located within Philadelphia, Pennsylvania, will have exclusive jurisdiction over any and all disputes arising out of, relating to or concerning these Terms of Use and/or the Website or in which these Terms of Use and/or the Website are a material fact.

15. Assignment

Avisi Technologies may assign its rights and duties under these Terms of Use to any party at any time without notice to you.

16. Questions and Feedback

We welcome your questions, comments, and concerns about the Website. Please send us any and all feedback pertaining to the Website by contacting us at info@avisitech.com.

17. Survival

The provisions of these Terms of Use entitled “Disclaimer – Warranty,” “Indemnification,” “Limitation of Liability,” Dispute Resolution and Arbitration,” “Law and Jurisdiction” and “General Provisions” will survive the termination of this Agreement.

18. General Provisions

Except as provided in a particular “Legal Notice” on this Website, these Terms of Use, along with the Avisi Technologies Privacy Policy, constitute the entire agreement and understanding between you and Avisi Technologies with respect to use of the Website, superseding all prior or contemporaneous communications with Avisi Technologies. These Terms of Use are severable, and in the event any provision is determined to be invalid or unenforceable, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions. A printed version of these Terms of Use shall be admissible in judicial or administrative proceedings based upon or relating to use of the Website to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The section titles of this Agreement are displayed for convenience only and have no legal effect. Nothing in this Agreement shall be deemed to confer any third-party rights