In accordance with this agreement, AvSupport Inc. grants the subscriber a non-exclusive right to use AvSupport's interactive online services. AvSupport Inc. retains title and ownership of AvSupport's interactive online services. This grant of use only applies to the following described territory: inter-company, one user maximum per unique username. Subscriber agrees that it will not re-sell in any form any information it accesses from any AvSupport Online database. Subscriber also agrees the information obtained from AvSupport Online is for subscribers use only and may not be disclosed to another party without the prior written consent of AvSupport Inc. Subscriber agrees that it will not lend, advertise, or disburse its private logon id and password to any party without prior written consent of AvSupport Inc.
AvSupport offers the services of AvSupport under the various top-level domains (avsupport.com, partslogistics.com, drmsinfo.com, govsupport.com, industrialsupport.com, electrosupport.com etc.) and under various sub-domains and aliases of these domains. All websites are hereinafter referred to as "AvSupport".
These General Terms and Conditions of Business regulate the contractual relationship between the user and AvSupport, irrespective of which AvSupport websites the user has logged onto or registered for.
MODIFICATIONS: Unless the prior written consent of AvSupport Inc. is obtained, the subscriber may not modify or change AvSupport's interactive online services in any manner. Subscribers will be allowed to modify their inventory listing only.
NO SOLICITATION: You shall not distribute on or through this Web Site any content or material containing any advertising, or solicitation for others to become members of any enterprise or organization without the express written permission of the AvSupport
DEFAULTS: If the subscriber fails to abide by the obligations of this agreement, AvSupport Inc. shall have the option to cancel this agreement immediately and without oral or written notice to the subscriber.
REGISTRATION: Certain sections of this Web Site require you to register. If registration is requested, you agree to provide AvSupport with accurate and complete registration information. Each registration is for a single individual only, unless specifically designated otherwise on the registration page. AvSupport does not permit a) anyone other than you to use the sections requiring registration by using your name or password; or b) access through a single name being made available to multiple users on a network or otherwise. All members are responsible for preventing unauthorized use.
ADVERTISING & NOTICES: Avsupport, Inc. reserves the right to advertise its services, promotions, and pricing to clients of Avsupport, Inc. at its sole discretion. Furthermore, user agrees that Avsupport, Inc. has access to user email addresses, fax number, telephone numbers and may use such information for advertising purposes if required. User also agrees that Avsupport, Inc. may list all user's company information in the PartsLogistics Business Directory which is accessible through the PartsLogistics database. In addition user agrees that Avsupport, Inc. may display user's company logo and name on PartsLogistics.com website accessible to the public through the world wide web.
WARRANTIES: AvSupport Inc. makes no warranties with respect to the use of AvSupport's interactive online services. In no event will AvSupport Inc. be liable for direct, indirect, special, incidental, or consequential damages, that are in any way related to AvSupport's interactive online services. AvSupport Inc. also makes no warranties expressed or implied as to the fitness or merchantability for a particular purpose. AvSupport's interactive online services are offered "as is" and "as available" only. AvSupport Inc., its employees, agents, information providers, licensers or merchants, do not warrant that AvSupport's interactive online services will be free of errors; nor does AvSupport Inc., its employees, agents, information providers, licensers or merchants warrant the accuracy or content of any information obtained through our service. In no event will AvSupport Inc. be responsible for loss of revenue or profit, interruption of business or any other consequential, special or incidental damages, whether due to negligence, recklessness, wantonness, willfulness or otherwise. Subscriber waives any right to such damages. Subscriber's remedies against AvSupport Inc. for any matter arising under this agreement are limited to a pro rata credit of related AvSupport Inc. invoice charges to subscriber for such period of time as the matter pertained. IT IS EXPRESSLY UNDERSTOOD THAT THE REMEDY DESCRIBED IN THE PREVIOUS SENTENCE IS SUBSCRIBER'S EXCLUSIVE REMEDY FOR INABILITY TO ACCESS THE DATABASE. No statements (oral or written) by AvSupport Inc., its employees, agents, merchants, or third party information providers shall create any warranties of any kind.
THIRD PARTY CONTENT: Third party content may appear on this Web Site or may be accessible via links from this Web Site. AvSupport is not be responsible for and assumes no liability for any infringement, mistakes, misstatements of law, defamation, slander, libel, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content contained in any third party content appearing on this Web Site. You understand that the information and opinions in the third party content is neither endorsed by nor does it reflect the belief of Provider.
TERM OF AGREEMENT: This agreement will continue indefinitely.
TERMINATION: This agreement may be terminated by Avsupport, Inc with or without cause, by providing written notice to the other party.
CANCELLATION: Any "For-Pay" service may be cancelled by the subscriber by providing written notice at least 30 days prior to the contract renewal date. Failure to give written notification will result in continuation of service and billing for same. Verbal cancellation will not be accepted. Termination/Cancellation must be in written form.
AMENDMENT: This agreement may be modified or amended by AvSupport Inc.
SEVERABILITY: If any provision of this agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this agreement is invalid or unenforceable, but that by limiting such provision it would become valid or enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
WAIVER OF CONTRACTUAL RIGHT: The failure of either party to enforce any provision of this agreement shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this agreement.
WEBSITE POSTING: AvSupport does not represent or guarantee the truthfulness, accuracy, or reliability of posted information including (a)inventory availability and/or condition (b) member offered services and/or statistics posted by users. You acknowledge that any reliance on material posted by other users will be at your own risk. Inventory postings are to be accurate, in-stock line items and must be updated on a regular basis. Inventory listed and not updated within 90 days is subject to removal.
ABUSE POLICY: Any use of your membership or access to Partslogistics services which does not comply with the intended use of Partslogistics can/will result in termination of those services. Abuse pertains to but is not limited to: distributing "members only" data to third parties, sending mass e-mails without intent to follow up, using e-mail to contact members for purposes other than the buying, selling or researching of parts listed on the site, distributing password or username to unauthorized individuals. You may not decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from this Web Site or the Content. Nor may you use any network monitoring or discovery software to determine the site architecture, or extract information about usage, individual identities or users. You may not use any robot, spider, other automatic software or device, or manual process to monitor or copy our Web Site or the Content without AvSupport’s prior written permission. You may not copy, modify, reproduce, republish, distribute, display, or transmit for commercial, non-profit or public purposes all or any portion of this Web Site, except to the extent permitted above. You may not use or otherwise export or re-export this Web Site or any portion thereof, or the Content in violation of the export control laws and regulations of the United States of America. Any unauthorized use of this Web Site or its Content is prohibited.
APPLICABLE LAW: This agreement shall be governed by the laws of the state of North Dakota, County of Cass.
AvSupport's Interactive Online Services will not use, advertise, or post any material copyrighted by a third party without the prior written consent of said party. Furthermore, it is the responsibility of the subscriber to ensure that all material (including but not limited to written, photos, and logos) submitted to AvSupport's interactive online services is not copyrighted by a third party (unless prior consent is granted); nor will any material submitted to AvSupport's interactive online services be obscene or threatening in any form. All material submitted to AvSupport's interactive online services cannot violate any national, local or state laws. By submitting material to AvSupport's interactive online services, you hereby guarantee you have the right to use the material submitted and grant AvSupport's interactive online services the right to use the material.
PAYMENT: Billing will be processed on the anniversary date of activation. There will be no prorated or partial refunds for unused portion of paid membership fees. Discounts on all plans will apply to specified terms and will revert to standard rate after discounted period expires unless otherwise indicated in writing. If you chose to pay with bank or debit card, be aware that we can not refund your card directly. Any Partslogistics authorized refunds will be issued via company check or a credit card adjustment/refund..
ENTIRE AGREEMENT: This agreement contains the entire agreement of the parties and there are no other promises or conditions in any other agreement whether oral or written. This agreement supersedes any prior written or oral agreements between the parties.