Effective date: 2024
Automotive VT Terms of Service
This Terms of Service (“Terms”) is a statement of rules and a contract between Automotive VT, a New Jersey company (“AVT,” the “Company,” “us,” “we,” or “our”), and Users (“User(s),” “you,” “your,” or “Customer”). Users are businesses and individuals that use our services and will provide digital replicas/3D models of actual vehicles, including the following: cars, motorcycles, trucks, sport utility vehicles (SUVs), vans, buses, food trucks, fire trucks, ambulances, construction vehicles, agricultural vehicles, recreational vehicles (RVs), boats, airplanes, private jets, helicopters, and military vehicles (“Services”). The Services utilize patented, trademarked technology (Serial Number 90181441) under U.S. Patent Nos. 11,915,374 and 10,964,109.
These Terms were created and prepared by AVT. Please read it carefully before using any of the Services. Without exception, your use and continued use of the Services means that: (i) you agree to all of these Terms; and (ii) these Terms will remain in effect while you use the Services. These Terms include the provisions in this document as well as those in our Privacy Policy.
INTRODUCTION
Welcome to AVT - we provide digital replicas/3D models of actual vehicles. These Terms and the Privacy Policy apply to all Users and govern a User’s access to and use of the Services. By accessing or using the Services, the User agrees to be bound by these Terms as if these Terms were signed by the User in ink on a hard-copy agreement.
AVT makes every effort to protect and secure the Personal Information a User shares by using the Services. The collection and storage of any Personal Information are subject to the terms enumerated in AVT’s Privacy Policy, which is incorporated in these Terms as if set forth at length herein.
Should the User encounter any bugs, glitches, or other forms of troubleshooting related issues, please contact us by clicking HERE and filling out a messaging form.
These Terms are intended to act as a contract between AVT and all Users, as well as others who access or use the Services. The terms, restrictions, disclaimers, and other legal notifications will affect the way the Users access and use our Services. However, nothing set forth transmitted over the internet is secure. Therefore, AVT specifically disclaims any promises, representations, and/or warranties as to the security and safety of information, including any personal information, provided by the User(s) to AVT as part of the Services.
CHANGES TO THE TERMS
We are constantly trying to improve our Services. Accordingly, these Terms may need to change along with our Services. We reserve the right to change the Terms at any time, and if so, notice will be placed on our site located at automotivevt.com, provide a pop-up when you access the Services, and/or notify you by some other means at the sole and exclusive discretion of AVT. AVT is not obligated to provide more than one form of notice, which can be just a notification on the site.
If you do not agree with the new Terms, you may reject it, meaning you will unfortunately no longer be able to use the Services. If you use the Services in any way following a change to the Terms, this means you agree to all of the changes.
Except for changes by us as described herein, no other amendment or modification of these Terms will be effective unless set forth in writing and signed by both you and AVT.
SERVICES AND ACCOUNT SET UP
AVT creates and manages visual content uploaded or shared with us. In order to create an account, a User will:
1. Create an account (either initially or through the ordering process);
2. Use the Services to create the images; and
3. Place an order on the Website.
Clients offer payment through: (i) credit card; (ii) third-party payors like Paypal Payments; (iii) wire transfers; and (iv) electronic funds transfer. AVT uses third-parties, like Stripe, to process all credit card payments.
Kindly refer to your Invoice to determine whether revisions are included in the cost. Also, AVT will not provide a refund if the Services are commenced. In other words, the fee is earned upon receipt. In limited circumstances, AVT will provide a refund or credit in the event You overpay but will only do so once the funds clear AVT’s bank account.
You may be able to access certain parts or features of the Services by using your account credentials from other services (“Third-Party Account”), such as those offered by Stripe, or other payment services. By using the Services through a Third-Party Account, you permit us to access certain information from such accounts for use by the Services. When using a Third-Party Account you will be subject to the terms and conditions and privacy policy of those accounts.
You represent and warrant that you are an individual of legal age to form a binding contract and have the authority to agree to these terms and/or bind the organization for which you are creating an account. To be clear, if your use of the Services is prohibited by applicable laws, then you are not authorized to use the Services.
You will not share your AVT user ID, account, or password with anyone, and you must protect the security of your AVT user ID, account, password, and any other access tools or credentials. You are responsible for any activity associated with your AVT user ID and account.
RULES OF USER CONDUCT
Restrictions on Use of the Services
You represent, warrant, and agree that you will not provide or contribute anything, including any Content (as that term is defined below), to the Services, or otherwise use or interact with the Services, in a manner which:
(a) is for illicit purposes;
(b) infringes or violates the intellectual property rights or any other rights of anyone else, including AVT;
(c) violates any law or regulation, including without limitation any applicable export control laws, privacy laws, or any other purpose not reasonably intended by AVT;
(d) is dangerous, harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
(e) jeopardizes the security of your AVT user ID, account, or anyone else’s, including allowing someone else to log into the Services as you;
(f) attempts, in any manner, to obtain the password, account, or other security information from any other user;
(g) violates the security of any computer network, or cracks any passwords or security encryption codes;
(h) runs Maillist, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services, which includes placing an unreasonable load on the Services’ infrastructure;
(i) “crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or Content by using manual or automated means;
(j) copies or stores any significant portion of the Content; or
(k) decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services.
A violation of any of the foregoing is grounds for termination of your right to use or access the Services.
Rights for Content
The methodology and technology used to create the materials displayed, performed, or available on or through the Services including the digital replicas/3D models and so forth (collectively known as “Content”) are protected by United States Patents, trademarks, copyright, and/or other intellectual property laws. You agree to abide by all United States Patents restrictions, copyright notices, trademark rules, information, and limitations contained in any Content you access through the Services, and you further agree not to use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, commercialize, or otherwise exploit for any purpose any Content not owned by you either: (i) without the prior consent of the owner of that Content; or (ii) in a way that violates someone else’s, including AVT’s, rights.
Subject to these Terms, the methodology and technology used to create the Content is owned by AVT exclusively (“AVT Property”), however the Content is owned by the creator of that Content. AVT owns the Services and the technology behind the Services (i.e. the AVT Property). The Customer owns all images created through the use of the Services, but grants to AVT a free, worldwide, non-exclusive, non-sublicensable, and non-transferable license to use all images created by the Services, i.e., to download and display Content.
Responsibilities for Website Use
Any information or Content publicly posted or privately transmitted through the Services or associated with any other publication is the sole responsibility of the individual or organization from whom such Content originated. Additionally, the following terms should be noted:
- AVT is not responsible for the accuracy of the vehicle history reports provided by outside parties.
- AVT is not responsible for rendering errors caused by a Customer’s mistake(s).
- AVT is not responsible for any sales and functions of third-party products, 360 cameras, accessories, and services, which are recommended by us.
- AVT is not responsible for any damage or loss suffered in connection with the Content.
AVT is providing hosting of the Content free of charge. Notwithstanding, AVT reserves the right to charge a Customer for hosting services in the future. AVT is permitted, subject to its license for the Content, to show any and all Content on car-related ads on virtual tours.
As such, you hereby agree to release AVT from all liability related to you having acquired or not acquired Content through the Services. AVT cannot guarantee the identity of any Users with whom you interact in using the Services and is not responsible for those Users who gain access to the Services.
If You are providing Content to AVT for the purpose of AVT performing the Services outlined here, you specifically warrant, represent, and agree that you have the legal authority and ability to use such image, including that You have obtained all appropriate consent from any individual in any image. You agree to indemnify and hold AVT harmless from and against any action brought against AVT for any creation by you and subsequently provided to AVT, including those images of a minor.
You are responsible for all Content you contribute, in any manner, to the Services, and you represent and warrant that you have all rights necessary to do so and in the manner in which you contribute it.
The Services may contain links or connections to third-party websites or services not owned or controlled by AVT. When you access third-party websites or use third-party services, you accept the risks in doing so, and AVT is not responsible for these associated risks. You hereby specifically indemnify and hold AVT harmless for any and all risks associated with using or accessing third-party websites or using third-party services, even those available to you through the AVT Services and/or website.
AVT has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third-party websites or by any third-party with whom you interact through the Services. In addition, AVT will not and cannot monitor, verify, censor, or edit the content of any third-party site or service. We encourage you to be aware when you leave the Services to read the terms and conditions and privacy policy of each third-party website or service you visit or utilize. By using the Services, you release and hold AVT harmless from any and all liability arising from your use of any third-party website or service.
Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should conduct whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third-parties. Furthermore, you agree AVT shall not be responsible or liable for any loss or damage of any sort incurred as a result of any such dealings.
If there is a dispute between participants on this site or Services, or between users and any third-party, you agree AVT is under no obligation to become involved. In the event you have a dispute with one or more other users, you release AVT, its directors, officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, and/or disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services.
INTELLECTUAL PROPERTY RIGHTS
Trademarks
All trademarks, service marks, logos, and trade names on the Services, whether registered or unregistered, including but not limited to “AVT,” are proprietary to AVT or to other companies where so indicated. You may not reproduce, download, or otherwise use any such trademarks, service marks, logos, or trade names (other than as needed for your computer or device to interface with the Services) without the prior written consent of the appropriate owner thereof.
Content and AVT Property
AVT exclusively owns any and all AVT Property, including any reasonable derivative thereto. The Content is owned by the Customer. The Customer grants to AVT a free, worldwide, non-exclusive, non-sublicensable, and non-transferable license to use all images created by the Services, i.e., to download and display Content. However, the Customer, nor any other third party, has any rights to or in AVT Property, including any derivative.
Patents and Copyrights
The Services utilize patented, trademarked technology (Serial Number 90181441) under U.S. Patent Nos. 11,915,374 and 10,964,109. Improper, illegal, negligent, or intentional use of the patented, trademarked technology is strictly prohibited. AVT reserves all rights to enforce its patents and trademarks to the fullest extent of the law and will pursue all violations therefrom. Failure to pursue any violations does not constitute a waiver of AVT’s rights regarding its patents and trademarks or the right to enforce its patents and trademarks.
Noninterference/Non-Solicitation
While using the Services and for a period of one (1) year thereafter, the Customer shall not, directly or indirectly: (i) solicit, entice, or persuade the employment or engagement of any of AVT’s employees, consultants, service providers, customers, or clients; (ii) solicit, entice, or persuade any of AVT’s employees, consultants, customers, clients, or service providers to change the services AVT provides for any reason; or (iii) to solicit, entice, persuade, or encourage AVT’s customers or clients to use services which are the same or similar to those offered by AVT.
While using the Services and for a period of two (2) years thereafter, the Customer shall not, either individually or through any company controlled by the Customer or on behalf of any person competing or endeavoring to compete with AVT, directly or indirectly solicit, endeavor to solicit, or gain the custom of, canvass or interfere with any person who is a client or customer of AVT, or use personal knowledge of or influence over any such client or customer to the Customer’s own benefit or that of any other person or entity competing with AVT.
Proprietary Rights
AVT Property and all related intellectual property rights are the exclusive property of AVT. All rights, title, and interest in and to AVT Property, including any modifications, translations, or derivatives thereof, even if unauthorized, and all applicable rights in patents, copyrights, trade secrets, trademarks, and all intellectual property rights in AVT Property remain exclusively with AVT. AVT AVT Property is valuable, proprietary, and unique, and the Customer agrees to be bound by and observe the proprietary nature of AVT Property. AVT Property contains material protected by patent, copyright and trade secret law, and by international treaty provisions. Customers may not remove any proprietary notice of AVT or any third-party. All rights not granted to the Customer in this Agreement are reserved to AVT. No ownership of AVT Property passes to the Customer. AVT may make changes to AVT Property at any time without notice. Except as otherwise expressly provided, AVT grants no express or implied right(s) under AVT patents, copyrights, trademarks, or other intellectual property rights to any party including the Customer.
NON-DISPARAGEMENT
Customer agrees that, unless required to do so by legal process, including all officers and managers, will not make any disparaging statements or representations, either directly or indirectly, whether orally or in writing, by word or gesture, to any person whatsoever, about AVT, its directors, officers, employees, attorneys, agents, representatives, the Services, or the like. This clause extends to any statements made on any social media platform, any online review (ex: Google Reviews), or in any format or platform whatsoever. This non-disparagement provision extends to the Customer’s business accounts and its employee's/agent/independent contractor’s personal accounts. For purposes of this paragraph, a disparaging statement or representation is any communication which, if publicized to another, would cause or tend to cause the recipient of the communication to question the business condition, integrity, competence, good character, or product quality of the person or entity to whom the communication relates. AVT shall have the right to pursue legal remedies related to this Section which include, but are not limited to, monetary damages and injunctive relief. Additionally, the Customer agrees to reimburse AVT for any and all legal fees or other expenses incurred to enforce this Provision including any fees to attempt to have disparaging statements removes from any online platform or service (i.e. Google, Meta, X, etc).
CHANGES TO SERVICES
We are always trying to improve our Services, which may change over time. We may also suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. We will try to give you notice when we make a material change to the Services adversely affecting you, but this is understandably not always practical. We reserve the right to remove any Content from the Services at any time and for any reason, including but not limited to if someone alleges you contributed that Content in violation of these Terms, in our sole discretion, and without notice.
OTHER SITES AND THE APPLICATION
The Services contain links to other independent third-party websites, and we provide links to third-party websites as part of the Services (collectively “Linked Sites”). These Linked Sites are provided solely as a convenience to you and based upon your Client Information or the Content you elect to view. Be advised these Linked Sites are not under our control, and we are not responsible for and do not endorse the content of such Linked Sites, including any products, information, or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites. Some of the content served by us will be from merchant sites. Sales through these sites may generate a commission payable to us. We accept no responsibility for reviewing changes or updates, nor the quality, content, policies, nature, or reliability of third-party web sites, including without limitation Linked Sites and websites linking to the Site or Application. You should review applicable terms and policies of third-party web sites, including privacy and data gathering practices, and should conduct whatever investigation you feel necessary or appropriate before proceeding with any transaction pertaining to any third-party.
NON-DISCLOSURE
You understand and agree that AVT provides unique, customized, and legally protected Services. The process of these Services includes certain confidential information, patented technology, trade secrets, trademarks, and copyrights. Therefore, the Customer agrees not to disclose any information it may learn as a result of using the Services.
GENERAL LEGAL PROVISIONS
Warranty Disclaimer
AVT and its licensors, suppliers, partners, parent, subsidiaries, or affiliated entities, plus each of their respective officers, directors, members, employees, consultants, contract employees, representatives, and agents, and each of their respective successors and assigns (AVT and all such parties together known as “AVT Parties”) make no representations or warranties concerning the Services, including without limitation any Content contained in or accessed through the Services. AVT will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services or any claims, actions, suits procedures, costs, expenses, damages, or liabilities arising out of use of, or in any way related to your participation in, the Services. AVT makes no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through or in connection with the Services. THE SERVICES AND CONTENT ARE PROVIDED BY AVT, IN ADDITION TO ITS LICENSORS AND SUPPLIERS, ON AN “AS-IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, INCLUDING WITHOUT LIMITATION TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE, SHALL AVT BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR: (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION; (B) ANY SUBSTITUTE GOODS, SERVICES, OR TECHNOLOGY; (C) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF ONE-HUNDRED ($100) DOLLARS; OR (D) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL OR CERTAIN OTHER DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
Indemnity
You agree to indemnify and hold AVT harmless from and against any and all claims, liabilities, damages (actual and consequential), losses, and expenses, including attorneys’ fees, arising from or in any way related to any claims pertaining to: (a) your use of the Services, including any actions taken by a third-party using your account; and (b) your violation of these Terms.
Assignment
You may not assign, delegate, or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way, by operation of law or otherwise, without AVT’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.
Choice of Law
These Terms are governed by and will be construed under the Federal Arbitration Act, applicable federal law, and the laws of the State of New Jersey, without regard to the conflicts of laws provisions thereof.
Arbitration Agreement
Please read the following ARBITRATION AGREEMENT carefully because it requires you to arbitrate certain disputes and claims with AVT and limits the manner you can seek relief from AVT. Both you and AVT acknowledge and agree that for the purposes of any dispute arising out of or relating to the subject matter of these Terms, AVT’s officers, directors, employees, and independent contractors (“Personnel”) are third-party beneficiaries of these Terms. Furthermore, upon your acceptance of these Terms, Personnel will have the right, and will be deemed to have accepted the right, to enforce these Terms against you as the third-party beneficiary hereof.
A. Arbitration Rules; Applicability of Arbitration Agreement. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement arising out of or relating to the subject matter of these Terms directly through good-faith negotiations, which shall be a precondition to either party initiating arbitration. If such negotiations do not resolve the dispute, it shall be finally settled by binding arbitration. The arbitration will proceed in the English language, pursuant to the JAMS Streamlined Arbitration Rules and Procedures (the “Rules”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes. The arbitrator shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction.
B. Costs of Arbitration. The Rules will govern payment of all arbitration fees. AVT will not seek its attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.
C. Small Claims Court; Infringement. Either you or AVT may assert claims, if they qualify, in small claims court in Bergen County, New Jersey. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction, to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
D. Waiver of Jury Trial. YOU AND AVT WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY. THIS MEANS YOU ARE GIVING UP YOUR RIGHT TO PURSUE AN ACTION IN COURT. You and AVT are instead choosing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court of law. In any litigation between you and AVT over whether to vacate or enforce an arbitration award, YOU AND AVT WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute resolved by a judge.
E. Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor AVT is entitled to arbitration. Instead, all claims and disputes will be resolved in a court in Bergen County, New Jersey.
F. Exclusive Venue. If you opt-out of Arbitration, and/or in any circumstances where the foregoing arbitration agreement permits either you or AVT to litigate any dispute arising out of or relating to the subject matter of these Terms in court, the foregoing arbitration agreement will not apply to either party. Additionally, both you and AVT agree any judicial proceeding will be brought in the state courts located in Bergen County, New Jersey, or the federal district court in Newark, New Jersey.
G. Severability. If the prohibition against class actions and other claims brought on behalf of third-parties contained above is found to be unenforceable, all of the preceding language in this Arbitration Agreement section will therefore be null and void. This arbitration agreement will survive the termination of your relationship with AVT.
Entire Agreement
These Terms, together with the Privacy Notice, are incorporated herein by this reference as if set forth herein in its entirety and constitute the entire, complete, and exclusive agreement between User and us pertaining to the Services. It likewise supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy, or precedent, with respect to the subject matter of these Terms and the Privacy Notice.
Amendments to these Terms
We reserve the right to modify, supplement, or replace these Terms, effective upon no less than thirty (30) days prior written notice. Upon opening the Services for the first time after any changes to these Terms are made, you will be prompted to review the Terms within the Services. Your continued use of the Services after any such update or modification shall confirm your agreement to the modified version of the Terms. If you do not want to agree to changes to the Terms, you may terminate your account with us, or otherwise terminate your use of the Services, prior to the modified Terms taking effect, whereupon the prior set of Terms in effect as of the date of termination shall continue to control any disputes or other issues that may arise regarding your use of the Services. Only modifications, supplements, or replacements of these Terms as stated in this provision shall be valid and effective to amend the Terms. Any other purported amendments shall be void and of no force or effect.
No Informal Waivers, Agreements, or Representations
Any failure by any party to act with respect to a breach of these Terms by the User or others does not waive any right to act concerning that breach or any subsequent breaches. Except as expressly and specifically contemplated by the Terms, no representations, statements, consents, waivers, or other acts or omissions by any party, AVT, or its Affiliates shall be deemed legally binding on the other party or its Affiliates, unless expressly and specifically documented in a writing which refers to the Terms and states expressly the intent to modify or supplement the Terms. In addition, an authorized officer of AVT shall have executed physically or electronically such a writing.
Severability
If any provision of these Terms is found by an arbitrator or court of competent jurisdiction to be illegal, void, or unenforceable, the provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the parties with reference to the provisions within the context of the overall Terms. If a court or arbitrator finds the modified provision invalid, illegal, void, or unenforceable, then the validity, legality, and enforceability of the remaining provisions of these Terms will not be affected.
Miscellaneous
You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services, provided AVT may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit. The failure of either you or AVT to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, such provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and AVT agree these Terms are the complete and exclusive statement of the mutual understanding between you and AVT, and these Terms supersede and cancel all previous written and oral agreements, communications, and other understandings related to the subject matter of these Terms. You hereby acknowledge and agree you are not an employee, agent, partner, or joint venture of AVT, and you do not have any authority of any kind to bind AVT in any respect whatsoever.
These Terms and Conditions do not, nor is it intended to, confer any third-party rights to any individual or organization not specifically contemplated and expressly stated herein.
HOW TO CONTACT US
If you have any questions regarding this Terms of Service, please contact us at HERE.
We will keep a copy of your message until we have had an opportunity to address your concern. We may archive your message for a certain period of time or discard it, but the email address associated with the message will not be used for any other purpose. Be advised we may also ask that you verify your identity prior to engaging in substantive discussions regarding your account.