Terms of Service
Last Updated on March 15, 2021
Changes to the Terms
We may periodically make changes to these Terms, in our sole discretion. When we do, we will update the “Last Updated” date above. It is your responsibility to review the most recent version of these Terms and remain informed of any changes. You agree that your continued use of the Site after the effective date of any changes will constitute your acceptance of the changed Terms for your continued use.
Access to the Site; Account Registration
We do not provide you with the equipment to access the Site. You are responsible for all fees charged by third parties to access the Site (e.g., charges by internet service providers).
You must register for an account to use certain Anviz services. Your registration for and use of an account will be governed by the Anviz Terms of Sale, available at https://www.anviz.com/terms-of-sale, and any other applicable agreement related to your use of particular Anviz software and products.
Changes to the Site
We reserve the right to modify or discontinue, temporarily or permanently, all or a part of the Site without notice. We will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site.
Subject to these Terms, Anviz grants you a limited, revocable license to access and use the Site solely to support your use of Anviz products and services within your organization as intended by Anviz. No other use of the Site is authorized.
Your use of any software you download from the Site is governed by the separate license terms accompanying or referenced in that software or download.
You must comply with all applicable laws when using the Site. Except as may be expressly permitted by applicable law or expressly permitted by us in writing, you will not, and will not permit anyone else to: (a) store, copy, modify, distribute, or resell any information or material available on the Site (“Site Content”) or compile or collect any Site Content as part of a database or other work; (b) use any automated tool (e.g., robots, spiders) to use the Site or store, copy, modify, distribute, or resell any Site Content; © rent, lease, or sublicense your access to the Site; (d) use the Site or Site Content for any purpose except for your own personal use; (e) circumvent or disable any digital rights management, usage rules, or other security features of the Site; (f) reproduce, modify, translate, enhance, decompile, disassemble, reverse engineer, or create derivative works of the Site or Site Content; (g) use the Site in a manner that threatens the integrity, performance, or availability of the Site; or (h) remove, alter, or obscure any proprietary notices (including copyright notices) on any portion of the Site or Site Content.
We or our affiliates or licensors, or applicable third parties, retain all right, title, and interest in and to the Site and Site Content and any trademarks, logos, or service marks displayed on the Site or in Site Content (“Marks”). The Site, Site Content, and Marks are protected by applicable intellectual property laws and international treaties. You are not permitted to use any Marks without the prior written consent of Anviz or such third party which may own the Mark.
Unless otherwise specified in these Terms, all technology and intellectual property available or appearing on or through any of the Site, including the information, software, documents, services, content, site design, text, graphics, logos, images, and icons, are the sole property of Anviz or its licensors. All rights not expressly granted herein are reserved by anviz.
Links and Third Party Content
From time to time, we may offer promotions to Site visitors or registered Site users. To be eligible for a promotion, you must, for the duration of the promotion, reside in a jurisdiction in which the promotion is lawful. If you take part in any promotion, you agree to be bound by the specific promotion rules and by the decisions of Anviz and our designees, which are final in all matters relating to any promotion. Any awards provided by us or our sponsors or partners are at our sole discretion. We and our designees reserve the right to disqualify any entrant or winner in our absolute discretion without notice. Any applicable taxes on any award are the sole responsibility of each winner.
You are responsible for any User Content you submit to Anviz Community. You do not lose any ownership rights you may have to User Content that you submit, but you understand that the User Content will be publicly available. By submitting User Content, you grant us and, at our sole discretion, other Community users a worldwide, non-exclusive, royalty-free, irrevocable, perpetual, fully-paid, sublicensable and transferable license to use, reproduce, distribute, prepare derivative works of, and publicly display and perform your Content in any form or format and through any media (including, for Company, in connection with our products and services and in our marketing and publicity). If your User Content contains your name, image or likeness, you waive any claim under any rights of privacy or publicity (including under California Civil Code 3344 and similar laws) related to use of the same in connection with use of your User Content.
We have no obligation to monitor or review User Content. You are solely responsible for the enforcement of any of your rights to the User Content, and the Company shall not be held liable or responsible for providing assistance to you regarding the same. We have no responsibility for and make no promises about User Content you may encounter on Anviz Community, including whether it infringes third-party rights or its reliability, accuracy, usefulness or safety. You may find User Content on Anviz Community to be offensive, indecent or objectionable. However, you agree not to hold us responsible in any way for any User Content you encounter.
We reserve the right to remove any User Content at any time without notice, for any or no reason, including if it violates these Terms. We do not promise to store or make available on Anviz Community any of your User Content or any other Content for any length of time. Your use of Anviz Community is subject to the terms of these Terms and our takedown policy, as may be changed or updated from time to time.
Anviz Community support sharing User Content on social media platforms such as Twitter, Facebook or LinkedIn (“Social Media”), and allowing other users (or Company) to share your User Content on Social Media. You may share other users’ User Content on Social Media, as long as you include a link to Anviz Community in your post.
Anviz may provide you with a mechanism to provide feedback, suggestions, and ideas about the Site or us (“Feedback”). You agree that we may, in our sole discretion, use the Feedback you provide in any way, including in future modifications to the Site, our products, or services. You hereby grant us a perpetual, worldwide, fully transferable, irrevocable, royalty-free license to use, reproduce, modify, create derivative works from, distribute, and display the Feedback in any manner for any purpose.
Disclaimer of Warranties
YOUR USE OF THE SITE AND SITE CONTENT, INCLUDING YOUR SUBMISSION OF FEEDBACK, IS AT YOUR SOLE RISK. THE SITE AND SITE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Anviz EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THE SITE OR SITE CONTENT, AND YOU RELY ON THE SITE AND SITE CONTENT AT YOUR OWN RISK. ANY MATERIAL YOU RECEIVE THROUGH THE SITE IS OBTAINED AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY MATERIAL THROUGH THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Anviz OR THROUGH OR FROM THE SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. SOME STATES MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.
Limitation of Liability
Anviz WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Anviz HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), RESULTING FROM YOUR USE OF THE SITE AND SITE CONTENT. UNDER NO CIRCUMSTANCES WILL Anviz’S TOTAL LIABILITY OF ALL KINDS ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OR SITE CONTENT (INCLUDING BUT NOT LIMITED TO WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR OTHERWISE, EXCEED \$50. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU, IN WHICH CASE Anviz’s LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW.
Nothing in these Terms shall attempt to exclude or limit liability that cannot be excluded or limited under applicable law. These limitations apply to the maximum extent permitted by law and notwithstanding any failure of the essential purpose of these Terms or any limited remedy hereunder.
Time Limit to Bring Claims
No suit or action may be brought against U-tec more than one year after the date of the incident that resulted in the loss, injury, or damage, or the shortest duration permitted under applicable law.
You will indemnify and hold Anviz, and its subsidiaries, affiliates, officers, agents, and employees, harmless from any costs, damages, expenses, and liability caused by your use of the Site or Site Content, your submission of Feedback, your violation of these Terms, or your violation of any rights of a third party through use of the Site or Site Content.
Disputes with Anviz
Please read this carefully. It affects your rights.
This Agreement is governed by the laws of California without reference to conflicts of law rules. For any dispute relating to this Agreement, the Parties agree to the following:
- For the purpose of this provision “Dispute” means any dispute, claim, or controversy between you and Anviz regarding any aspect of your relationship with Anviz, whether based in contract, statute, regulation, ordinance, tort, including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence, or any other legal or equitable theory, and includes the validity, enforceability, or scope of this provision, with the exception of the enforceability of the Class Action Waiver clause below.
- “Dispute” is to be given the broadest possible meaning that will be enforced and shall include any claims against other parties relating to services or products provided or billed to you whenever you also assert claims against us in the same proceeding.
Alternative Dispute Resolution
For all Disputes, you must first give Anviz an opportunity to resolve the Dispute by mailing written notification of your dispute to Anviz. That written notification must include (1) your name, (2) your address, (3) a written description of your claim, and (4) a description of the specific relief you seek. If Anviz does not resolve the Dispute within 60 days after it receives your written notification, you may pursue your Dispute in mediation arbitration. If those alternative dispute resolutions fail to resolve the Dispute, you may then pursue your Dispute in a court only under the circumstances described below.
For all Disputes, you agree that Disputes may be submitted to a mediation with Anviz before JAMS with mutually agreed and selected single Mediator before Arbitration or any other legal or administrative proceedings.
You agree that JAMS will arbitrate all Disputes, and the arbitration will be conducted before a single arbitrator. The arbitration shall be commenced as an individual arbitration and shall in no event be commenced as a class arbitration. All issues shall be for the arbitrator to decide, including the scope of this provision.
For arbitration before JAMS, the JAMS Comprehensive Arbitration Rules & Procedures will apply. The JAMS rules are available at www.jamsadr.com. Under no circumstances will class action procedures or rules apply to the arbitration.
Because the Services and these Terms concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all Disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit.
The arbitrator may award relief that would be available pursuant to applicable law and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. Such award will be final and binding on the parties, except for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the parties.
You or Anviz may initiate arbitration in County of San Francisco, California. In the event that you select the federal judicial district that includes your billing, home or business address, the Dispute may be transferred to the County of San Francisco California for Arbitration.
Class Action Waiver
Except as otherwise agreed in writing, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a class or representative proceeding or claims such as a class action, consolidated action, or private attorney general action.
Neither you, nor any other user of the Site or Services can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding before any state or federal courts. You specifically agree that you waive your right for any and all Class Action proceedings against Anviz.
You understand and agree that by entering into this Agreement you and Anviz are each waiving the right to a jury trial but agree to a trial before a judge as a bench trail.
If any clause within this provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this provision, and the remainder of this provision will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire provision will be unenforceable, and the Dispute will be decided by a court.
Governing Law & Venue
The Federal Arbitration Act, California state law, and applicable U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms. The United Nations on Contracts for the International Sale of Goods and any laws based on the Uniform Computer Information Transactions Act (UCITA) shall not apply to this Agreement. Except for Disputes subject to arbitration as described above, any disputes relating to these Terms or the Services will be heard in the federal or state courts located in County of San Francisco, California.
If any of these Terms is found to be inconsistent with applicable law, then such term shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. Anviz’s failure to enforce any of these Terms is not a waiver of such terms. These Terms are the entire agreement between you and Anviz with respect to the Services, and supersede all prior or contemporaneous negotiations, discussions, or agreements between you and Anviz.
California Consumer Notice
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by post at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.
If you have any questions or concerns about the Site or these Terms, please send us a thorough description by email to email@example.com, or write to us at:
Anviz Global, Inc.
41656 Christy Street Fremont, CA, 94538