Legal

 

Acceptance of Terms of Use. By accessing or browsing any web site owned and/or operated by Gavilon, LLC and/or one or more of its subsidiaries or affiliates (collectively the "Site"), you accept the legal policy set forth in the following Terms and Conditions (“Legal Policy”). Gavilon, LLC and/or any subsidiaries or affiliates ("Gavilon") provides you with access to, and use of, the Site subject to all applicable laws, regulations and this Legal Policy. If you do not accept each of the Terms and Conditions contained in this Legal Policy without limitation, please exit the Site.

 

Terms and Conditions

1. Content Ownership. The content or other materials on the Site including, but not limited to, all text, audio, images, software, code and other materials or elements (collectively the "Content") are owned and copyrighted by Gavilon, its licensors or others with all rights reserved. You should assume that the Content is copyrighted and owned by Gavilon and you may not use the Content, except as provided in this Legal Policy, without the prior written permission of Gavilon.

 

All trademarks, trade names and logos and all related product names, design marks and slogans which appear on the Site are either the trademarks or service marks (registered or unregistered) of Gavilon or its licensors unless otherwise stated herein. Gavilon and its licensors expressly reserve all intellectual property rights in all Content on the Site. No license is granted to you in connection with such Content contained on the Site.

 

2. User Conduct. Gavilon maintains the Site for information, education, and communication only and grants you permission to use the Site and to download Content, but only for noncommercial, personal use; provided, however, that you retain all copyright and other proprietary notices contained on the Content, that you do not distribute, modify, copy, transmit, publish, license, create derivative works from, sell or otherwise use Content without the prior written permission of Gavilon. The download or use of any images of people or places displayed on the Site, by you, or anyone else authorized by you, is prohibited unless permitted by the prior written permission of Gavilon.

 

Additionally, you agree to not to engage in any of the following activities on the Site:

  • Upload, post or transmit any informational content that is unlawful, threatening to another person or entity, infringing, defamatory, false, confidential, misleading, abusive, harassing, libelous, vulgar, obscene, pornographic, profane, invades the privacy of another, or is otherwise objectionable;
  • Impersonating another user, person or entity, including any official or employee of Gavilon; or
  • Use the Site to advertise or perform any commercial solicitation.

 

3. Links to Third Party Sites. The Site may contain links to other Internet sites not under the ownership or editorial control of Gavilon. Such links are provided for your convenience only and are not express or implied warranties by Gavilon of any products, services, advice or information available from such sites. Gavilon does not warrant and specifically disclaims any and all responsibility or liability for your use of such sites and you hereby release Gavilon, its officers, directors and agents from any and all such responsibility or liability for the same.

 

4. EXCLUSION OF LIABILITY. NEITHER GAVILON NOR ANY OF ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, NOR ANY OF THEIR RESPECTIVE AGENTS WILL BE LIABLE FOR ANY INJURY OR DAMAGES THAT RESULT FROM YOUR USE OF ANY GAVILON SITE. YOUR USE OF ANY GAVILON SITE IS AT YOUR OWN RISK. THIS INCLUDES (BUT IS NOT LIMITED TO) DAMAGES OR INJURY CAUSED BY: THE USE OR INABILITY TO USE THE SITE; THE USE OR INABILITY TO USE ANY SITE TO WHICH YOU HYPERLINK FROM OUR SITE; ERROR; FAILURE OF PERFORMANCE; OMISSION; INTERRUPTION; DEFECT; DELAY IN OPERATION OR TRANSMISSION; COMPUTER VIRUS; LINE FAILURE; INTRUSION, HACKING OR VIOLATION OF ANY GAVILON SITE BY ANY THIRD PARTY; OR ANY ILLEGAL ACTIVITIES OF ANY THIRD PARTIES. GAVILON DOES NOT WARRANT THE SECURITY OF ANY INFORMATION YOU TRANSMIT TO IT AT ANY GAVILON SITE.

 

GAVILON IS NOT LIABLE FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO: DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, OR OTHER DAMAGES IN ANY WAY RELATED TO THE USE OF THE SITE OR THE CONTENT THEREIN WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHERMORE, GAVILON IS NOT LIABLE EVEN IF IT HAS BEEN NEGLIGENT OR IF OUR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR BOTH.

 

EXCEPTION:The above limitations or exclusions may not apply to you to the extent that applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages. GAVILON'S TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, CAUSES OF ACTION OR OTHERWISE WILL NOT BE GREATER THAN ONE HUNDRED DOLLARS ($100).

 

5. DISCLAIMER. THE CONTENT OF ANY GAVILON SITE IS PROVIDED "AS IS" AND GAVILON DISCLAIMS ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE FOLLOWING WARRANTIES:

  • THE CONTENT IS OF ANY PARTICULAR LEVEL OF QUALITY OR FIT FOR A PARTICULAR PURPOSE;
  • THE CONTENT IS ERROR-FREE AND ACCURATE;
  • THE FUNCTIONAL ELEMENTS CONTAINED IN THE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE;
  • DEFECTS WILL BE CORRECTED;
  • THE SITE OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;
  • SUCCESSFUL RESULTS OR OUTCOMES WILL RESULT FROM PROPERLY FOLLOWING ANY INSTRUCTIONS, DIRECTIONS OR RECIPES CONTAINED IN THE CONTENT;
  • THE CONTENT ON THIS SITE IS NON-INFRINGING; AND/OR
  • THE SITE IS SECURE FROM TAMPERING, HACKING OR INTRUSION BY THIRD PARTIES.

IN ADDITION TO THE ABOVE YOU (AND NOT GAVILON) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION OF ANY EQUIPMENT, HARDWARE, SOFTWARE OR OTHER ITEMS NECESSARY TO USE THE SITE OR VIEW THE CONTENT.

EXCEPTION:In certain states, the law may not allow us to disclaim or exclude warranties, so the above disclaimer may not apply to you.

 

6. Export Control. Software and other materials from the Site may be subject to United States Export Control and these laws prohibit the export of certain technical data and software to certain territories. Gavilon does not authorize the exportation or download of any software or technical data from the Site to any jurisdiction prohibited by the United States Export laws.

 

7. Cautionary Language Regarding Forward Looking Information. The Site may contain statements, estimates or projections that constitute, "forward-looking statements" as defined under U.S. federal securities laws. Generally, the words "believe," "expect," "intend," "estimate," "anticipate," "project," "will" and similar expressions identify forward-looking statements, which generally are not historical in nature. Forward-looking statements are subject to certain risks and uncertainties that could cause actual results to differ materially from Gavilon's historical experience and its present expectations or projections. You should not place undue reliance on forward-looking statements, which speak only as of the date they are made. Gavilon undertakes no obligations to publicly update or revise any forward-looking statements.

 

8. Revisions to the Terms or Site. Gavilon may at any time, in its sole discretion and without notice, revise or modify this Legal Policy. Any such revisions will be effective immediately upon the posting of the revised Terms and Conditions. By continuing to use this Site, you agree to be bound by any such revisions and should periodically visit this Site to review the current Legal Policy.

 

9. Content Submitted by Users. Any communication or material you transmit to Gavilon at the Site by electronic mail or otherwise, including any data, may be used by Gavilon for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and/or posting. Furthermore, Gavilon will not compensate you in any way for any such information, nor will the information be returned to you.

 

10. User Names and Passwords. If this Site allows you to create a User Name and a Password or to use an assigned User Name and Password in order to access areas of this Site then:

  • You agree to use the Site solely for legitimate and legal purposes;
  • When registering for a User Name, you agree that you will use only accurate and truthful information about yourself or entity and you will not imitate any other person, entity or assume a false identity;
  • You agree to immediately notify Gavilon of any unauthorized use of your Password, User Name or the Site, or any other breach of security (send notice to use via the contact information on this Site);
  • You agree not to share your User Name or Password with any other person or entity;
  • You agree to assume and bear full responsibility for all risks and damages arising out of the use of the Site by you and any other person or entity using your User Name or Password.

Gavilon reserves the right at any time in its sole discretion, without notice, to discontinue or terminate your Password or User Name and your use of the Site, with or without cause.

 

11. Site Security. Users are prohibited from violating or attempting to violate the security of the Site, including without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, flooding, spamming, mailbombing or crashing; (d) sending unsolicited e-mail, including promotions and/or advertising of products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting; or (f) by using or attempting to use any engine, software, tool, agent or other device or mechanism (including, without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Site other than the search engine and search agents available from Gavilon on this Site and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer). Gavilon may investigate occurrences that potentially involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

 

12. General Terms. This Legal Policy and your use of this Site is governed by the laws of the State of Delaware in the United States of America, without regard to its choice of law provisions. This Legal Policy constitutes the entire agreement between you and Gavilon and governs your use of any Gavilon Site. The failure of Gavilon to exercise or enforce any right or provision of this Legal Policy shall not constitute a wavier of any such right or provision. If any provision of this Legal Policy is found by a court of competent jurisdiction to be invalid then such provision shall be eliminated from the Legal Policy and the surviving terms shall remain in full force and effect. Any claims arising under this Legal Policy must be brought within one (1) year after such claim or action or action arose or be forever barred.

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