1. Welcome to our Website.
3. Usage Rules
A. Your use of the Service is limited to your personal, non-commercial use. You may not copy or download any part of the Service. Your use of these features is limited to your personal, non-commercial use, and you may not otherwise copy or distribute the Content or otherwise use the Content for any other purposes.
D. You will not attempt to collect or harvest any personally identifiable information, including account names of your other users of the Service. You will not solicit any users of the Service for any commercial purposes. You will not use the Service to communicate with other users or for any commercial purpose.
E. You will not use the Service in any way that may damage, disable, overburden, or impair our servers or networks or interferes with any other party’s use and enjoyment of the Service. You will not try to gain unauthorized access to any services, user accounts, computer systems or networks, through hacking, password mining or any other means.
4. Ownership of the Content and the Website
B. If you are a copyright owner or an agent thereof and believe that any content on the Website infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
(1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(2) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(3) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
(4) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
(5) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(6) 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 owner of an exclusive right that is allegedly infringed.
Our designated Copyright Agent to receive DCMA notices (notifications of claimed copyright infringement) is: email:CopyrightAgent@avalontrans.com, telephone: 310-437-0190, fax: 425-928-6957. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to our customer service through: email: Customerservice@avalontrans.com; telephone: 718-247-7610; fax: 718-504-4767. You agree that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.
6. Equipment, Software and Internet Access.
A. You must provide at your own expense the software, equipment and Internet connections that you will need to access and use the Service. If you access the Service through a telephone line, please call your local phone company to determine if the access numbers you select are subject to long distance or other toll charges at your location. Also, if you access the Service through wireless applications (e.g., cell phones), your carrier, such as a wireless carrier, may charge fees for alerts, web browsing, messaging and other services that require the use of airtime and wireless data services. Check with your carrier to verify whether there are any such fees that may apply to you.
B. WE MAKE NO WARRANTY THAT ANY PARTICULAR COMPUTER, PORTABLE DEVICE OR OTHER RECORDING DEVICE WILL BE COMPATIBLE WITH THE SERVICE THAT WE PROVIDE TO YOU, THAT ANY DEVICE USING THE SERVICE WILL FUNCTION IN ALL PLAYERS, OR THAT THE SERVICE WILL WORK ON THE EQUIPMENT AND SOFTWARE USED BY YOU. You may need certain download management software to enable the downloading of Content or to transfer video to portable devices. We may modify the system requirements for the Service at any time.
7. Your Dealings with Third Parties.
Your correspondence or business dealings with parties other than Avalon, including, without limitation, our affiliates and third party service providers (such as the third party transportation companies in cities in which we do not have operations to whom we refer you), are solely between you and such other party. You agree that we shall not be responsible or liable in any way for any loss or damage of any sort incurred as the result of any such dealings or the acts or omissions of any such other parties.
9. Remedies; Termination of Service.
B. We may cancel or suspend access to the Service at any time, without cause and/or without notice. Your right to use the Service will end once the Service is cancelled or terminated, and any data you have stored on the Service may be unavailable later.
10. Disclaimers and Limitations.
A. We provide the Service “as is”, “with all faults” and “as available.” We, our content providers and other suppliers (“Service Providers”) make no express warranties or guarantees about the Service. TO THE EXTENT PERMITTED BY LAW, WE AND THE SERVICE PROVIDERS DISCLAIM IMPLIED WARRANTIES THAT THE SERVICE IS MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. NEITHER WE NOR THE SERVICE PROVIDERS GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE, INCLUDING ANY SUPPORT SERVICES, WILL BE EFFECTIVE, RELIABLE, ACCURATE, MEET YOUR TASTES, OR MEET YOUR REQUIREMENTS. NEITHER WE NOR THE SERVICE PROVIDERS GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY OUR REPRESENTATIVES SHALL CREATE A WARRANTY. You may have additional consumer rights under your local laws that this contract cannot change. You use the Service at your own risk.
B. NEITHER WE NOR THE SERVICE PROVIDERS SHALL BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF THE SERVICE. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE OR THE SERVICE PROVIDERS KNEW OR SHOULD HAVE KNOWN THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, AND IF FOR ANY REASON CALIFORNIA LAW IS NOT APPLICABLE, THE SERVICE PROVIDERS’ LIABILITY IN SUCH STATE OR JURISDICTION IS LIMITED TO THE EXTENT PERMITTED BY LAW.
Upon a request by us, you agree to defend, indemnify, and hold harmless us and our subsidiaries, owners and other affiliates, and our and their employees, licensees, Service Providers, and our and their respective owners, representatives, employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney’s fees that arise from your use or misuse of the Service. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
12. Electronic Contracting And Notices.
13. Entire Contract.
14. Choice Of Law And Location For Resolving Disputes.
The law of the State of California governs this contract and any claim or dispute that you may have against us, without regard to California’s conflict of laws rules, and the United Nations Convention on Contracts for the International Sale of Goods shall have no applicability. You further agree that any disputes or claims that you may have against us will be exclusively resolved by a court located in Los Angeles, California. You irrevocably consent to the venue and jurisdiction of such courts.
BY AGREEING TO THIS AGREEMENT, YOU ARE: (1) WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST US BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN; (2) IRREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION OF, AND VENUE IN, STATE AND FEDERAL COURTS IN THE STATE OF CALIFORNIA OVER ANY DISPUTES OR CLAIMS YOU HAVE WITH US; AND (3) SUBMITTING YOURSELF TO THE PERSONAL JURISDICTION OF COURTS LOCATED IN LOS ANGELES, CALIFORNIA FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS
15. Assignments; Third Party Beneficiaries.
A. We may assign this contract at any time without notice to you. You may not assign this contract to any one else.