Website Terms & Conditions
Revised as of May 1, 2011
Thank you for visiting the Avcomm Solutions, hereafter referred to as "Avcomm", website!
Avcomm may, from time to time and at its sole option, change these Terms without notice by posting the revised Terms on the Avcomm website. The Terms posted on Avcomm's website at the time Avcomm accepts a Users order, will govern that purchase.
Copyright, Trademark and Other Intellectual Property Protection
This Website as a whole, and all material on this Website, is protected by copyright and other intellectual property rights.
User agrees that any and all suggestions, testimonials, and other items or materials (except for User personal information) disclosed or submitted to Avcomm through this website or by other means ("submission or submissions") are neither confidential nor proprietary to User. All submissions become Avcomm's property upon submission to Avcomm. By making a submission to Avcomm, User assigns to Avcomm all rights, title and interests, including copyrights, in the submission. Avcomm has no obligation (i) to keep any submission confidential; ( ii) to pay User or anyone any compensation for any submission or for using a submission; or (iii) to respond to or acknowledge any submission. User represents and warrants that no submission User makes will violate any right of any third party, including, but not limited to, copyright, trademark, patent, trade secret, privacy or other personal or proprietary right. By making a submission, User agrees that Avcomm has the right (but not the obligation) to copy, publish, distribute or use such submission for any purpose, including, but not limited to, advertising, promotional, product development or other commercial purposes, without compensation to User or to any other person. Users are and shall remain solely responsible for the content of any submission User makes.
The Avcomm website may contain links to other websites. Avcomm is not responsible for the availability of, or any content or material contained in, or obtained through, any such websites. Avcomm does not, by linking to another website, or by making reference to any third-party information, products or services, endorse those websites or materials. Any questions or comments relating to any other website should be addressed to the operator of those websites. No linking to this website is permitted without Avcomm's prior written permission.
The products depicted on this website are representative of products Avcomm sells for various manufacturers. Not all products Avcomm sells are shown in this website. The style, designs, function, and availability of the products shown within this website, may be changed without notice.
Content within this Website may contain inaccuracies or typographical errors. Avcomm is not liable or responsible for any inaccuracies or errors, or for any loss or damage caused by or arising from any User's reliance on information obtained from or through this website. This website, as well as, the information and materials contained in this website, are subject to change at any time at the sole discretion of Avcomm, without prior or subsequent notice to User.
This website and the contents of this website are provided on an "as is" and "as available" basis.
AVCOMM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR FREEDOM FROM MALICIOUS PROGRAMS (SUCH AS VIRUSES, WORMS, OR TROJAN HORSES) OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS WEBSITE OR ITS CONTENTS AND EXPRESSLY DISCLAIMS ANY REPRESENTATIONS AND WARRANTIES.
Avcomm does not represent or warrant that the information contained in this website is accurate, complete or up-to-date, that this website is free of defects or that any defects will be remedied. User agrees, by using this website, that Users use of this website is at Users sole risk, that User assumes full responsibility for all loss of use, loss of data and costs associated with all necessary servicing or repairs of any equipment and/or software that User uses in connection with this website, and that Avcomm shall not be responsible or liable for any damages of any kind whatsoever arising out of, caused by or related to Users use of this website. Where applicable law does not allow the exclusion of implied warranties, some or all of the foregoing disclaimers of warranty may not apply to a particular User.
Limitation of Liability and Indemnity
In no event shall Avcomm be liable for any actual, direct, indirect, special, punitive, incidental, exemplary or consequential damages,
or any other damages whatsoever, even if Avcomm has been previously advised of the possibility of such damages, whether in an action under
contract, tort or under any other theory, arising out of or in connection with the use, inability to use, or performance of the information,
products and materials on this website. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential
or incidental damages, some or all of the above limitations may not apply to a particular User.
User agrees to protect, defend, indemnify and hold harmless Avcomm, its affiliates and their officers, directors, employees and shareholders from and against any and all claims, damages, losses, costs and expenses, including, but not limited to, reasonable attorneys' fees and court costs, arising from or related to Users use of this website.
Governing Law and Location
This agreement is governed by the laws of the state of Nebraska within the United States of America, without giving effect to any choice of law rules. The United Nations Convention on Contracts for the International Sale of Goods will not apply to this agreement. Users are responsible for compliance with local laws, if and to the extent local laws are applicable. Both parties to this Agreement specifically agree to submit to the exclusive jurisdiction of, and venue in, the courts of Nebraska in any dispute arising out of or relating to this agreement.
Avcomm shall not be liable for failure to fulfill Avcomm's obligations under this Agreement or for delays in delivery or performance due to causes beyond Avcomm's reasonable control. Avcomm's time for performance of any such obligation will be extended for the time period of such delay, or Avcomm may, at is option, cancel any order or remaining part thereof, without liability, upon notice to User.
Avcomm may assign or subcontract all or any portion of its rights or obligations with respect to the sales of products and/or assign the right to receive payments without Users consent. User may not assign this Agreement or any of its rights or obligations without the prior written consent of Avcomm. Subject to the restrictions in assignment contained in this provision, this Agreement will be binding on and inure to the benefit of the parties hereto and their successors and assigns.
No provision of this Agreement may be waived, amended or modified by either party except by a written agreement signed by User and Avcomm. Any delay or failure by either party to exercise any right or remedy will not constitute a waiver of that party to thereafter enforce such rights. The relationship between Avcomm and User is that of independent contractors and not that of employer/employee, partnership or joint venture. If any part of this Agreement is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, all other parts will still remain in effect.
This Agreement constitutes the entire Agreement between User and Avcomm regarding the purchase of products from Avcomm and supersedes and replaces any previous communications, representations or agreements. Any additional or different terms or conditions contained in any purchase order or other documents provided by User are considered material alterations to this Agreement, and are expressly rejected and will not be binding upon Avcomm.