TERMS & CONDITIONS

Welcome and thank you for your interest in AVLancer, Inc. We provide an administrative interface to connect audio-visual freelance professionals (“Freelancers”) with event producers, project managers, and others seeking audio-visual assistance (“Customers”).

 

In addition to any other agreement you may enter into with us, these Online Terms and Conditions reflect your agreement with us and apply to all our Services, including without limitation and by way of example only:

 

·         your proper and authorized use of our Site, including all pages related to https://www.avlancer.com,

·         any audio-visual work (“AV Work”) you receive from Freelancers or provide as a Freelancer,

·         any agreement we make with you to connect Customers and Freelancers for audio-visual staffing requests (i.e., any Independent Contractor Agreement, Customer Agreement, and any Event Call Sheet),

·         your access to our cloud-based software as a service (SAAS), downloadable software, and mobile applications, if any,

·         your access to support services, if any,

·         your participation in any survey or contest,

·         any User Content you may provide to us,

·         any seminars, programs, or podcasts we provide,

·         any invoicing for Freelancer AV work, and

·         your purchase of any of our merchandise.

 

THESE ONLINE TERMS AND CONDITIONS, INCLUDING OUR PRIVACY POLICY (COLLECTIVELY “TERMS”) ARE A BINDING LEGAL AGREEMENT. PLEASE READ THE FOLLOWING CAREFULLY. BY ACCESSING OUR SITE, EXECUTING AN AGREEMENT WITH US, OR USING OUR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY ALL OUR TERMS.

 

 

These Terms, including our Privacy Policy, apply equally to any evaluation or free trial period. If you are using our Services under a free trial period, your use of our Services is only permitted for the stated time period. Such trial period is provided “AS-IS” without indemnification, support, or warranty of any kind, express or implied.

 

 

We reserve the right to change or cancel our Terms, our Services, and our other policies and agreements at any time in our discretion. The most current version of our Terms is available on our Site and shall replace all previous versions. Any revision will have a new “Updated on” date at the beginning of these Terms. Your only recourse, if you disagree with our Terms, is to discontinue your access to, and/or use of, our Services. Where appropriate, you will be notified of changes to these Terms by e-mail or when you next access our Site or Services. The new Terms may be displayed on-screen, and you may be required to read and accept the updated Terms, however, your use of our Services confirms your acceptance of such Terms.

 

The terms most protective of AVLancer shall control in the event of a conflict between these Terms and any other agreement you execute with us.

 

 

We will use industry-standard procedures to provide our Services. We make no promise to continue providing Services and may cease to offer, support, maintain, or update our Services in our sole and exclusive discretion, which shall not be a breach of these Terms or any other agreement we may have with you.

 

 

Our Site is merely informational in nature. We may make changes to the Site at any time without Notice to you, however, we make no commitment to update the Site for any reason. In addition, Information on the Site or our Services may be out of date, inaccurate, incomplete, or contain errors or omissions. Any changes or failure to make updates shall not be considered evidence of improper action, a breach of these Terms, or grounds for an actionable Claim against us. Further, except for these Terms, the Site shall not form the basis of, or be relied upon in connection with, any contract or commitment whatsoever. Information published on the Site may refer to Services that are not available in your location. In addition, we are not responsible for any User Content displayed on our Site, whatsoever.

 

 

Access to our Site does not require an account. You may be required, however, to register for an account to access and use some of our Services. When you register for an account, you may be required to provide us with some Personal Data that can be associated with you (such as your name, e-mail address, credit card information, mailing address, telephone number, Event location, and Event dates). You agree that the information you provide to us is accurate. When you register, you may be asked to create a username and/or password. If so, you are solely responsible for maintaining the confidentiality of your login information. You agree to accept responsibility for all activities that occur under your account. You may not use anyone else’s username, password, or account at any time. We cannot and shall not be liable for any loss, damage, or injury arising from your failure to comply with these obligations. We may need to change your chosen username in certain circumstances, e.g., if another user has already selected your chosen username. For more information on our collection, use, storage, and the steps we maintain for the security of your Personal Data, please consult our Privacy Policy.

 

 

Subject to these Terms, any other agreements we may require, and any fees we charge to use our Services, we grant you a terminable, worldwide, non-exclusive license to use our Services solely for their intended purposes.

 

In the event you are making use of AVLancer™ cloud-based software, you must accept all license terms detailed in Appendix A, which agreement is part of these Terms, before being granted access to and the right to use such software.

 

 

a.       We retain all rights, title, and interest to Intellectual Property contained in our Services. Any unauthorized use of our Services in whole or in part may violate Intellectual Property and other applicable Laws.

 

b.      We do not grant to you any further license to access, copy, reproduce, modify, prepare, or create Derivative Works of, publicly display, publicly perform, sublicense, transfer, assign exploit, or distribute our Services, except that you may freely use your own User Content, if any, and your own photographic stills, audio, video, or audio-video media. Customer is the owner of all AV Work created at a Customer Event, even when that work is created by a Freelancer, unless otherwise agreed in writing and signed by all involved parties.

 

c.       For clarity, you agree, warrant, and represent that you will not, without our prior written permission,

 

1)               Use any of our Services except as permitted in these Terms or in any other signed agreement between us,

 

2)               Copy, modify, improve, revise, or create Derivative Works to our tangible property and/or Intellectual Property without our prior written permission,

 

3)               Reverse assemble, compile, decompile, disassemble, re-engineer, or reverse compile our tangible property and/or Intellectual Property in whole or in part,

 

4)               Sub-license or redistribute any of our Services without our prior written permission,

 

5)               Remove any Intellectual Property ownership or management information (“Legends”) from our Services, including, without limitation, patent, trademark, copyright, and/or other restricted rights notices,

 

6)               Use our Services for any illegal purpose whatsoever, or in violation of applicable Laws,

 

7)               Provide, post, upload, or distribute any User Content or property that violates a third party’s legal rights, is unlawful, defamatory, libelous, inaccurate, or that a reasonable person could deem objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate,

 

8)               Interfere with our Services or any third party’s use of our Services in any manner,

 

9)               Use our Services to make unsolicited offers or advertisements to third parties in violation of any applicable Laws,

 

10)           Use our Services to attempt to collect Personal Data about third parties without their consent,

 

11)           Circumvent, remove, alter, deactivate, degrade, or thwart any of our content protections,

 

12)           Frame or utilize any framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) displayed on our Site or in our Services without our prior written permission,

 

13)           Purchase search terms or use any metatags or any other "hidden text" utilizing our names or trademarks without our prior written permission,

 

14)           Attempt to hide your identity, or

 

15)           Use any robot, spider, automated technology, device, or manual process to monitor or copy our Site or use any of the same to interfere, or attempt to interfere, with our operations.

 

d.      Unless pre-approved by us in writing, you may not attempt to develop your business through use of any part of our Intellectual Property. You shall not, directly or indirectly, anywhere throughout the world, present, develop, manufacture, produce, market, sell, or provide any product or service that uses any concepts, formats, presentation methods, terminology and/or other Intellectual Property owned by us or that is specifically derived from or attributable to our property.

 

e.       Nothing in these Terms should be construed as conferring by implication, estoppel, or otherwise, any license or right to you to our Intellectual Property except as specifically granted by written agreement, signed by you and us.

 

f.        This Article 7, including all subparagraphs, shall survive termination of your use of our Services and any other agreement you may have with us.

 

 

In the event we or our Affiliates, Freelancers, or Business Partners uncover bugs or errors in Customer equipment, Customer equipment will not produce the desired results, or Customer equipment or the Event location hinders, bars, or reduces the quality of Services, Customer takes full responsibility and liability for such issues and hereby indemnifies us and our Affiliates, Freelancers, and Business Partners from and against any liability for such issues, including without limitation, for damages, losses, or injuries, including for attorneys’ fees, costs, and any amounts paid in settlement resulting from such issues. We and our Affiliates, Freelancers, and Business Partners shall not be responsible or liable for the inability to complete Services when Customer equipment is faulty. Customer shall still be responsible for all payments required under the Customer Agreement and any Event Call Sheet.

 

In the event you or we discovery bugs or errors in our Services, we will endeavor to correct such issues in accordance with industry standards to the extent those issues cause our Services to fail in their intended purpose(s). In the event we are unable to correct such bugs or errors, your only recourse shall be to stop using our Services. Please consult out Disclaimers (Article 27) for more information.

 

You grant us permission to install upgrades, updates, and improvements to our Services that are purchased, licensed, or leased from us in our sole reasonable discretion.

 

 

User Content is any audio, visual, or multi-media material owned by you and provided to us or our Customers, Freelancers, Affiliates, agents, or Business Partners. It may include, without limitation and by way of example only, photographic stills, text, audio, video, and audio-video media owned by you or used by you with permission from a third Person. It may be a headshot, biography, mission statement or other entity information, commentary, a testimonial, or a video. It may include images, names, or a human individual’s voice. You are solely responsible for any User Content and hold us harmless and indemnify us and our Customers (other than you), Affiliates, Freelancers (other than you), agents, and Business Partners, from and against any liability, including attorneys’ fees and costs and any amounts paid in settlement, arising from such User Content whatsoever. By way of example only and not by way of limitation, if you post video of an individual, make sure you have that individual’s written, signed consent.

 

Any views or opinions expressed in any User Content and displayed on our Site (with your permission) or elsewhere do not necessarily state or reflect our views or opinions.

 

Your sole and exclusive remedy for your or any third Person’s injury, loss, or damage to, or caused by, User Content will be for us to identify the User Content as belonging to you. We do not maintain, backup or otherwise retain User Content on your behalf.

 

 

By providing us with any User Content, you hereby grant us a royalty-free, nonterminable, world-wide license to view, copy, report on, commingle, and otherwise access and use User Content (a) to provide Services requested by you, and (b) to post authorized User Content in whole or in part on our Site or social media pages for any purpose(s), and (c) for any commercial, analytical, or statistical purposes, alone or in combination with other content, whatsoever, and in any form and format. This license shall continue unless terminated by your Notice to us, whereupon we shall delete, pseudonymize, or anonymize your User Content on our Site or in our possession or control and on any social media within a reasonable period of time of our receiving your Notice. We shall not be required to remove, alter, or collect User Content published or distributed and not under our control at the time of your Notice.

 

Except as permitted herein, we will not aggregate, monetize, or otherwise use your Personal Data for commercial, analytical, or statistical purposes in any manner that would allow third Persons to associate such Personal Data with you. For more information, please consult our Privacy Policy.

 

This Article 10, including all subparagraphs, shall survive termination of your use of our Services and any other agreement you may have with us.

 

 

You hereby release, discharge, and agree to save AVLancer, Inc., as well as our Affiliates, Freelancers, agents, and Business Partners, harmless from any liability whatsoever for any Claims related to use of your User Content, whatsoever, including attorneys’ fees and costs and any amounts paid in settlement, including by virtue of any blurring, distortion, alteration, optical illusion, or use of User Content in composite form, whether intentional or otherwise, that may occur or be produced in our use of User Content, as well as any publication thereof, including, without limitation, any Claims for libel, false light, or invasion of privacy.

 

 

Fees paid for Services are NONREFUNDABLE.

 

Fees for our Services are detailed in a separate purchase order, invoice, Customer Agreement, Event Call Sheet, or Independent Contractor Agreement issued by us, which agreements are subject to these Terms as if fully included therein. You agree that we may bill charges through the payment method specified in your account or as otherwise specified by you, for example, a credit card. You authorize such credit card account to pay any amounts so paid or contributed by you and authorize us and our authorized payment processor (a Business Partner) to charge all sums described and authorized to such credit card account. You agree to provide us, or our Business Partners who process your payment, with updated information regarding your credit card account upon our request and any time the information earlier provided is no longer valid. Third-party processors are required, by their own terms, to maintain Personal Data as confidential. To the extent we have knowledge of any request for disclosure of your Personal Data relating to payments to a governmental authority or legal process, we will provide Notice to you at your last-known email address. Since we use PayPal for credit card processing, please see that Business Partner’s User Agreement available at https://www.paypal.com/us/webapps/mpp/ua/useragreement-full. You agree to comply with that agreement and hold us harmless and indemnify us for any liability for your failure to abide by that agreement.

 

Payment for all Services shall be made to AVLancer. Payment for all estimated Services is due immediately upon receipt of our invoice to you. If you wish to apply for credit terms, please contact support@avlancer.com. If you wish to sign up for AVLancer’s automatic credit card billing services, you will receive a 2% discount on your total Service charges and all Services will be charged promptly upon completion. Credit card information is maintained on cloud-based secure servers through our Business Partners and is password protected [A4] [A5] until it is no longer required, at which time it will be deleted.

 

This Article 12, including all subparagraphs, shall survive termination of your use of our Services and any other agreement you may have with us.

 

 

We reserve the right to monitor all use of our Services. In the event any monitoring reveals that our Services are being used contrary to these Terms or any other agreement between you and AVLancer, you will be responsible for the payment to us of:

 

·         additional fees consistent with your actual use of our Services, and

·         our costs and expenses in performing any such audit (a. and b., collectively, “Assessments”).

 

Any Assessments under this Article 13 shall be without prejudice to any other rights and remedies we may have for breach of these Terms. Our decision not to perform an audit shall not relieve you of your obligations under these Terms.

 

This Article 13, including all subparagraphs, shall survive termination of your use of our Services and any other agreement you may have with us for two (2) years.

 

 

You must be the age of majority in the jurisdiction in which you reside to use our Services.

 

Our Site may be accessed by children, but we do not knowingly allow children to purchase, license, or lease Services or to provide User Content to us.

 

By agreeing to these Terms, you represent and warrant to us that: (a) you are the age of majority in your jurisdiction or are not under eighteen (18) if you reside in the U.S., and are competent to agree to these Terms; (b) you have not previously been suspended or removed from using our Services; and (c) your use of our Services is in compliance with any and all applicable Laws. If you are using our Services on behalf of a company or organization, you represent and warrant that you have the authority to bind such organization to these Terms and you agree to be bound by these Terms on behalf of such organization as well as others acting on behalf of all that organization.  

 

 

We may, now or in the future, permit you to register for an account, provide User Content, or purchase, license, or lease our Services through certain Linked Accounts. By using a Linked Account, you agree that we may access and use any account information from the Linked Account that you have configured to be made available to third parties in this manner, and you agree to the Linked Account’s terms of use regarding your use of our Site through that Linked Account. If you have reason to believe that your account is no longer secure, you must immediately notify us at legal@avlancer.com. You may alter our access permissions by changing the settings on your Linked Account.

 

 

You affirm, represent, and warrant that:

 

·         You are the creator and owner of, and/or have the necessary licenses, rights, consents, and permissions to use, and allow us to use, User Content,

·         To the best of your knowledge, all User Content is true and accurate and transmission thereof to us does not violate any applicable Laws,

·         User Content does not and shall not: (i) infringe, violate, or misappropriate any third-party right, including any Intellectual Property or other proprietary right, or (ii) slander, defame, harass, or libel any third party,

·         You will maintain the confidentiality of a Personal Data in your possession that belongs to a third party and will comply with all applicable Laws regarding the privacy of such information,

·         You will comply with all Terms herein along with the terms of any other agreement you execute with us, and

·         You will comply with all applicable Laws.

 

You hereby indemnify and hold us harmless from and against all Claims and liability, including attorneys’ fees and costs and any amounts paid in settlement, related to your breach of the representations and warranties in these Terms.

 

 

Any Improvement to our Services and/or related Intellectual Property is owned by us, even if such Improvement is conceived of, developed, or created by you.

 

Except as otherwise agreed between us in a signed written agreement, in the event you think of or create any Improvements based upon or derived from our Services, you agree: (a) to promptly notify us of any such Improvement, providing all appropriate information for us to develop and utilize such Improvement by contacting legal@avlancer.com, and (b) without the necessity of further agreement, to assign to us all rights, title, and interest in any such Improvement. You agree to promptly execute all documents, prepared at our expense, that are reasonably necessary to reflect this assignment without any further consideration.

 

 

You understand and agree that we have the right to refuse to provide Services to you or any other Person for any reason in our sole discretion except as otherwise disallowed by applicable Laws. We also have the right to remove or delete any User Content you provide to us (directly or through our social media or through any link to our social media (e.g., using “@” or “#” with any of our Marks) without Notice to you. Such refusal shall not be a breach of these Terms or any other agreement with you and shall not subject us to any liability for Claims, including attorneys’ fees and costs and any amounts paid in settlement, without limitation, even if you suffer injury or damages.

 

 

Some portions of our Services may be copyrighted and owned solely by us or are used by us under license from a third party. Your unauthorized use of such copyrighted protected materials, in whole or in part, may violate U.S. Copyright Laws, as well as other applicable Laws. You may not use our copyrighted materials without our written permission.

 

In the event you believe your copyrighted content has been utilized on our Site, please consult Article 21 herein.

 

 

We own the following trademark(s) and trade name(s) (“Marks”), whether registered in the U.S., elsewhere in the world, or utilized at common law:

 

AVLancer™

AVLancer, Inc.

™

™

 

 

This list may not be complete, and we may own additional Marks that are not listed herein. If you have questions about our Marks, please contact legal@avlancer.com. You may not use any of our Marks without our written permission. Notwithstanding, if you wish to post User Content resulting from the use of our Services on your own social media or website, you may use #AVLancer or @AVLancer in that post.

 

 

In the event you believe your Intellectual Property rights have been violated, please contact legal@avlancer.com and provide us with all of the following information:

 

·         Your, or your authorized agent’s, physical or electronic signature as the Intellectual Property owner;

 

·         Identification of the Intellectual Property claimed to have been infringed or, if multiple materials are infringed, identification of a representative list of such works, including a link to the original work and any registration certificates if available;

 

·         Identification and location of the infringing material within our Site, our social media, or other specific locations within our possession and control;

 

·         Your contact information, including name, physical and email addresses, and telephone number(s);

 

·         A statement that you have a good faith belief that the use of the material in the manner asserted is not authorized by you, as the Intellectual Property owner, your agent, or the Law; and

 

·         A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the Intellectual Property owner (if filed by an agent).

 

Note, we require all of the above information. If you send us incomplete information, we will not be able to process your request. We will return your request, indicating what information is missing.

 

 

We reserve all rights and remedies at law and equity in the event you breach any of these Terms or violate our rights in any manner. You agree that we may proceed with such injunctive or other equitable relief without the necessity of posting a bond as may be available to prevent your breach and, in addition, may pursue an action to recover damages. You agree that if you have cloned or are using a clone of our Services (including, without limitation, our Site), in whole or in part, or have intentionally or recklessly mis-utilized our Services in whole or in part for yourself or a third Person in violation of any applicable Laws, for any reason, you shall be liable for all damages incurred by us and any losses, damages, or injury we suffer, any profits you have earned through such breach (without duplication), and you may be subject to an injunction to prevent further breach. We may also terminate your ability to use our Services, without reimbursement for payments made to us, for any breach of these Terms. Regardless of such breach, any invoices from us to you that are due and payable shall continue to be due, owing, and payable.

 

 

We may have agreements with Business Partners, which partners may change without Notice. We do not grant you any rights to further use our Business Partners’ names or trademarks without their prior written permission. For information regarding Personal Data that may be shared with our Business Partners, please consult our Privacy Policy.

 

 

Any reference or link to another company, website, or service does not constitute or imply any ownership, sponsorship, endorsement arrangement, or any other relationship with us. We make no representation regarding these third Persons and have no control over how third Persons use information, their use of “Cookies,” or the safety of content on their websites. Please consult our Privacy Policy and the information regarding Linked Sites in that policy. Should you be directed to a third-party website, we disclaim any and all liability whatsoever (as more specifically detailed by our Disclaimers (Article 27)). Should you have any questions regarding these third Persons, or the information shared, please contact legal@avlancer.com.

 

 

For Site visitors or Service customers located outside of the EU/EEA, by accessing our Site and/or downloading, licensing, accessing, or using our Services or contacting us for further information, you consent to receiving our electronic communications.

 

At this time, our Services are not offered for download in the EU/EEA. For visitors located within the EU/EEA, we will not contact you except as detailed in our Privacy Policy.

 

All recipients of communications from us will be provided with an option to opt out of communications from us in each communication.

 

You agree that any Notice, agreements, disclosure, or other communications that we send to you electronically shall satisfy all legal communication requirements, including that such communications be in writing. Should you wish to opt out of e-mail communications, except for legal Notices, please let us know by contacting unsubscribe@avlancer.com. We will remove your e-mail from our database for such e-mails within a reasonable time period. Notwithstanding, our delay in complying with your opt-out request shall not be considered a breach of these Terms.

 

 

In addition to all other indemnification detailed in these Terms, you agree to hold harmless and indemnify us from and against any third-party Claims, including attorneys’ fees and costs and any amounts paid in settlement, arising in any way from your acts or omissions that cause damage, loss, or injury to such third party.

 

 

Except as specifically detailed in any other written agreement signed by both you and AVLancer, our Services shall not form the basis of, or be relied upon in connection with, any additional contract or commitment whatsoever.

 

Except as provided herein, our Services are provided “AS IS” and “AS AVAILABLE” without any warranties, express or implied. You understand and agree that use of our Services involves some risk. Accordingly, you hereby assume all risks of use, whatsoever, and waive any rights of action against AVLancer, as a result of any damage, injury, or condition that may result from such use, and hold AVLancer harmless and release us from any and all Claims, including without limitation, attorneys’ fees and costs and any amounts paid in settlement, arising out of any damage, loss, or injury to you, your employees, contractors, family members, guests, invitees, customers, heirs, and successors, whether such loss, damage, or injury results from our negligence or from any other cause, including without limitation, from acts or omissions by Freelancers or Customers.

 

TO THE EXTENT PERMITTED BY LAW, AVLANCER EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, (i) WARRANTIES OF MERCHANTABILITY, (ii) FITNESS FOR A PARTICULAR PURPOSE, (iii) EXPECTED OR INTENDED RESULTS, AND (iv) NON-INFRINGEMENT. WE DISCLAIM ANY AND ALL LIABILITY FOR YOUR INABILITY TO USE OUR SERVICES FOR ANY REASON.

 

WE DISCLAIM ANY AND ALL LIABILITY REGARDING THE ACCURACY, QUALITY, RELIABILITY, SUITABILITY, COMPLETENESS, TRUTHFULNESS, USEFULNESS, OR EFFECTIVENESS OF OUR SERVICES.

 

IN NO EVENT SHALL AVLANCER BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHATSOEVER, WITH RESPECT TO, ARISING FROM, OR RESULTING FROM, OUR SERVICES.

 

IN THE EVENT SERVICES ARE PURCHASED OR USED IN A JURISDICTION THAT DOES NOT PERMIT ALL OR A PART OF THESE DISCLAIMERS, THE MAXIMUM AMOUNT RECOVERABLE FOR ALL CLAIMS RESULTING IN A FINAL JUDGMENT, WHETHER BROUGHT AT ONCE OR SEPARATELY OVER TIME, SHALL BE RESTRICTED TO THE PURCHASE PRICE PAID FOR THE SPECIFIC SERVICE OR EVENT (per our Event Call Sheet) AT ISSUE (WHICH HAS GIVEN RISE TO THE CLAIM) AND SHALL ONLY BE AVAILABLE TO THE PERSON PURCHASING SUCH SERVICE. Such maximum recovery shall include all your damages, injuries, and losses, directly or indirectly, and shall include, without limitation, attorneys’ fees and costs and any amounts paid in settlement.

 

 

Unless otherwise agreed upon or specified herein, you agree that any legal problems or issues arising as a result of our Services, User Content, or these Terms whatsoever are subject to the Laws of the State of Colorado, U.S.A., unless U.S. Federal Laws apply, without giving effect to any principles of conflict of laws. Jurisdiction shall only be appropriate in the Colorado state courts in the county in which AVLancer, Inc. has its principal place of business or the U.S. District Court of Colorado over matters concerning Services. Further, you and AVLancer expressly and irrevocably consent to the personal and subject matter jurisdiction and venue in these courts for any Claim made relating to these Terms, any other agreement we may have with you, and/or our Services. You also agree that, unless against the applicable Law in the Jurisdiction, you shall only assert Claims against AVLancer in an individual (non-class, non-representative) basis, and that you shall not seek or agree to serve as a named representative in a class action or seek relief on behalf of anyone other than yourself.

 

We administer our Services from our offices in Colorado, USA. We make no representation that our Services are appropriate or available for use in your jurisdiction; and access to our Services from territories where its content is illegal is prohibited. If you choose to access, download, license, lease, purchase, and/or use our Services from outside the United States, you do so on your own initiative and are responsible for compliance with applicable Laws.

 

 

Any notice, request, demand, or other communication required under these Terms (“Notice”) from you to us must be in writing and will be deemed sufficiently given upon delivery, with separate written confirmation of receipt, at the address detailed in the Colorado Secretary of State if mailed by U.S. mail, postage pre-paid, or provided to us by hand delivery. All such Notices will become effective on the date of written confirmation of delivery. Notwithstanding, any Notice to terminate your software license may be provided to us by email at support@avlancer.com as long as you have a separate digital confirmation of delivery.

 

Any Notice from us to you shall be sufficient if (i) emailed to you at your last known email address in our files as long as a separate written/digital confirmation of delivery exists or (ii) mailed by U.S. mail, postage prepaid, at your last-known address in our files, or (iii) posted on our Site with a pop-up reminder to view such Notice the next time you access our Services online.

 

Any Notice to AVLancer should be provided to:

 

AVLancer, Inc.

7310 W. 52nd Ave., Suite A360
Arvada, CO 80002

USA

With a courtesy copy to support@avlancer.com.

 

Questions or comments regarding these Terms may be sent to:

support@avlancer.com or Telephone: 866-285-2623

·         (for questions regarding our Services)

 

legal@avlancer.com

·         (for legal issues or questions regarding these Terms (including our Privacy Policy)