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Terms of Use

Last Updated July 10, 2023

These Terms of Use (“Terms”) governs your use of www.averisource.com (the “Website”), which is operated by AveriSource, LLC (“AveriSource”, “us”, “our”, or “we”).

In some instances, both these Terms and separate terms setting forth additional conditions may apply to a service or product offered via the Website (“Additional Terms”). To the extent there is a conflict between these Terms and any Additional Terms, these Terms will govern in relation to your use and access of the Website.

By visiting or otherwise using the Website, you acknowledge and accept these Terms and any applicable Additional Terms. If you do not agree to these Terms and any Additional Terms, do not use the Website.

These Terms are subject to change, in our sole discretion. Changes to these Terms will be in effect as of the “Last Updated” date at the top of this page. Your continued use of the Website after the “Last Updated” date constitutes your acceptance and agreement to such changes.

Intellectual Property

The Website may contain materials and other items relating to AveriSource, including the layout, information, databases, articles, posts, text, data, files, images, scripts, designs, graphics, instructions, illustrations, photographs, sounds, pictures, videos, advertising copy, URLs, technology, software, interactive features, and the “look and feel” of the Website including all copyrights, patents, trademarks, service marks, trade names, and all other intellectual property rights therein (together the “Materials”) that are owned and controlled by AveriSource, our licensors or certain other parties. All rights, title, and interest in and to the Materials available via the Website are the property of AveriSource or our licensors or certain other parties, and are protected by U.S. and international copyright, trademark, trade dress, and/or other intellectual property rights and laws to the fullest extent possible.

Limited License

Subject to your strict compliance with these Terms, AveriSource grants you a limited, non-exclusive, revocable, non-commercial, non-assignable, personal, and non-transferable license to display, view, use, or play the Website or Materials on a personal device. The foregoing limited license does not give you any ownership of, or any other intellectual property interest in, any Materials. Your unauthorized use of the Materials may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability.

Use Restrictions

You agree that you will not engage in:

Violating the rights of AveriSource or others:

  • Modifying, or creating derivative works based on, the Materials or Website
  • Using the Materials in any manner: (a) suggesting an association with any other products, services, or brands (b) that is likely to cause confusion among users, (c) that disparages or discredits AveriSource, (d) that is otherwise exploitative for any commercial purpose; or (e) that otherwise infringes our intellectual property rights
  • Developing functionally similar products or services to the Website
  • Copying, modifying, reproducing, archiving, selling, leasing, renting, exchanging, creating derivative works from, publishing by hard copy or electronic means, publicly performing, displaying, disseminating, distributing, broadcasting, retransmitting, circulating, or transferring to any other party, or otherwise use or exploit Materials or the Website in any way for any purpose except as specifically permitted by these Terms of Use

Using unauthorized technical tools or circumventions or exploiting the Website design:

  • Using, or facilitating the use of, any unauthorized third-party software (e.g., bots, mods, hacks, and scripts) to modify or automate operation within the Website whether for yourself or for a third party
  • Downloading Materials to a database for any reason
  • Decomposing, disassembling, or reverse engineering any part of the Website, or otherwise use the Website for any purpose other than those provided for by us and in conjunction with the operations of the Website
  • Attempting to circumvent any restriction on the Website based upon geography or other restriction imposed by us
  • Interfering with or circumventing any security feature (including any digital rights management mechanism, device, or other content protection or access control measure)
  • Attempting or gaining unauthorized access to any network or computer through the Website
  • Harvesting, scraping, or otherwise collecting or storing any Materials or information, including personal information, from the Website
  • Engaging with controls that is against the Website intended design. This includes not exploiting bugs

Business Transactions

We reserve the right to sell or transfer any information we obtain through the Website in connection with any joint venture, partnership, merger, or other collaboration with another organization, or in the event we sell or transfer all or a portion of our business or assets (e.g., further to a reorganization, liquidation, or any other business transaction, including negotiations of such transactions).

Disputes

If a dispute arises between you and AveriSource, we strongly encourage you to first contact us directly at legal@averisource.com to seek a resolution. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

YOU AND AVERISOURCE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU AND AVERISOURCE AGREE TO WAIVE ANY RIGHT TO A JURY TRIAL.

Disclaimers

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF YOU OR WE WANT TO ASSERT A DISPUTE AGAINST THE OTHER, THEN YOU OR WE MUST COMMENCE IT BY DELIVERY OF WRITTEN NOTICE WITHIN ONE (1) YEAR AFTER THE DISPUTE ARISES – OR IT WILL BE FOREVER BARRED.

Indemnification and Limited Liability

As permitted by applicable law, you agree to, and you hereby, defend, indemnify, and hold AveriSource harmless from and against any and all claims, damages, losses, costs, investigations, liabilities, judgments, fines, penalties, settlements, interest, and expenses (including attorneys’ fees) that directly or indirectly arise from or are related to any claim, suit, action, demand, or proceeding made or brought against, or on account of the investigation, defense, or settlement thereof, arising out of or in connection with the Website.

IN NO EVENT SHALL AVERISOURCE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEBSITE OR MATERIAL ON THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER AVERISOURCE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

AS PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL AVERISOURCE’S TOTAL LIABILITY TO YOU, FOR ALL POSSIBLE DAMAGES, LOSSES, AND CAUSES OF ACTION IN CONNECTION WITH YOUR PURCHASES, EXCEED AN AMOUNT OF $50 IN THE AGGREGATE.

General

These Terms of Use constitute the entire agreement between you and AveriSource with respect to your use of the Website. These Terms of Use are governed by the substantive laws of the State of Texas, without respect to its conflict of laws principles. You agree to submit to the jurisdiction of the courts situated in the State of Texas with respect to any dispute, disagreement, or cause of action related to or involving the Website.

If any provision is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect.

Our failure or delay to exercise or enforce any right, remedy, or provision of these Terms or any other legal right will not operate as a waiver of such or any other right, remedy, or provision.

Contact Us

You may contact us at legal@averisource.com.

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