Av-DEC® Terms of Website Use

Terms of Website Use

Welcome to AvDEC.com. The AvDEC.com website (the "Website" or the "Site") is comprised of various web pages operated by Av-DEC. The Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of the Site constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

Access to the Website is permitted only on a temporary basis, and we reserve the right to withdraw or amend any service we provide on the Website in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website. You are responsible for making all arrangements necessary for you to have access to the Website. You are responsible for ensuring that all persons who access the Website through your internet connection are aware of and comply with these Terms of Use.

These Website Terms of Use cover the use of certain websites, online services, applications, telephone support services, e-mail, text, or other messaging, blogs, software and networks (including internet of things (IoT) devices, web and social media sites and pages, software or networks) of Aviation Devices & Electronic Components, LLC ("Av-DEC") and/or its subsidiaries, affiliates, and associated companies (“Av-DEC”).

Av-DEC may collect information relating to you and your use of Av-DEC goods or services. For example, when you use an Av-DEC website, Av-DEC may collect information including your business contact details and information about the pages you visit in view of making orders or enquiries about Av-DEC products and services for your employer company.

Updates and Revisions

These Terms of Use (Website) may change from time to time. Av-DEC reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice.

Collection of IP Addresses

Our servers may collect and use IP addresses. They do this for identification purposes.

As IP addresses, server log files and other such data do not reveal your specific identify, we treat such information as non-personal information, unless otherwise required by applicable law. Among other things, Av-DEC may use IP addresses for purposes of administering our websites and systems, calculating usage levels of our websites, and helping us to diagnose problems with our websites and/or other Av-DEC systems. We may use IP addresses in conjunction with cookies for the purpose of "remembering" your computers or other device, to save you from, for example, selecting local languages each time the same computer or other device is used to access the Av-DEC websites.

Registered or Named Users

Av-DEC may allow you to become a registered or named user. When you become such a user, we may ask for your name, business email address, and other information including your job title, business telephone number, your employer company, its address and your country. We may use cookies to remember your details and content preferences. You may be asked whether you would like to receive e-mail messages regarding our products, services or other topics which may be of interest to you. Av-DEC will not send you such messages without your consent, as relevant and depending on applicable laws.

Linking to the Website

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement with Av-DEC where none exists. You must not establish a link from any website that is not owned by you. The Website must not be framed on any other site, nor may you create a link to any part of the Website other than the homepage. The website from which you are linking must comply in all respects with the content standards set out herein. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

Links from the Website

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of such sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Marketing emails

When you visit certain Av-DEC web pages, you may be asked whether you would like to receive e-mail messages regarding the products and/or services of Av-DEC and other topics which may be of interest to you.

A cookie may be used to tailor those types of emails to the products and/or services from Av-DEC based on how you use the Av-DEC services. Your browser or device may be set to disable this cookie. This means you may withdraw your consent to it at any time.

We may use your e-mail address solely for our marketing purposes. To object to use of your email address please contact us (see “Contact Us” information below). If you wish to object after receipt of an email, you may do that through the "Unsubscribe" link as is mentioned directly above at any time and free of charge.

Users under the Age of 18

You must not use this Website if you are under 18.

Limitation of Warranty

The data and information contained in Av-DEC Website are believed to be accurate, BUT ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. In no event shall Av-DEC be liable for any damages of any kind whatsoever, including any direct, actual, special, indirect, or consequential damages, relating to the use of the Av-DEC services, data and information, except as otherwise limited by applicable law. Av-DEC products are warranted, if at all, only according to the terms and conditions set forth in Av-DEC's Offer of Sale.

Indemnification

YOU ARE SOLELY RESPONSIBLE FOR, AND AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS AV-DEC FROM AND AGAINST, ALL LIABILITIES, CLAIMS, DAMAGES, AND EXPENSES, INCLUDING ATTORNEYS' FEES, ARISING OUT OF YOUR USE OR MISUSE OF AV-DEC SERVICES, SOFTWARE, INFORMATION, DATA AND/OR DOCUMENTATION, OR FROM OR RELATED TO ILLEGAL, INFRINGING, OBSCENE, DEFAMATORY OR OTHERWISE UNLAWFUL USER DATA, OR YOUR VIOLATION OR ALLEGED VIOLATION OF THESE TERMS.

Termination/Access Restriction

Av-DEC reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice.

DISCLAIMER

AV-DEC DOES NOT WARRANT THAT THE FUNCTIONING OF ANY AV-DEC SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE AV-DEC WEBSITE, OR THE SERVER THAT MAKES IT AVAILABLE, ARE FREE OF VIRUSES, MALWARE OR OTHER HARMFUL COMPONENTS. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT AV-DEC IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER SUBSCRIBERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. EXCEPT AS OTHERWISE LIMITED BY APPLICABLE LAW, IN NO EVENT WILL AV-DEC, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING AV-DEC GOODS, SERVICES OR SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE AV-DEC GOODS OR SERVICE. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE AV-DEC WEBSITE.

Usage Restrictions

You shall not, except to the extent permitted by applicable law:

Make any Av-DEC Website, services or Software available to, or use any Av-DEC services or Software for the benefit of, anyone other than you or registered or named users, as applicable; or

Sell, resell, license, sublicense, distribute, rent or lease any Av-DEC data, information services or Software, or include any Services or Software in a service bureau or outsourcing offering; or

Use any Av-DEC services or Software to store or transmit infringing, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of third-party privacy rights; or

Use any Av-DEC services or Software to store or transmit malicious code, or to interfere with or disrupt the integrity or performance of any Av-DEC service or data contained therein.

You shall not: Attempt to gain unauthorized access to any Av-DEC Website, services, Software, systems, or networks; or

Permit direct or indirect access to or use of any Av-DEC Website services or Software in a way that circumvents a contractual usage limit; or

Copy any Av-DEC Website, services or Software, or any part, feature, function or user interface thereof; or

Frame or mirror any part of any Av-DEC services or Software; or

Access any Av-DEC Website, information, data, services or Software in order to build a competitive product or service; or Reverse engineer any Av-DEC products.

Limitation of Liability

Under no circumstances, including, but not limited to, negligence, shall Av-DEC be liable for any direct, indirect, incidental, special or consequential damages that result from the use of, or the inability to use any Av-DEC service. You specifically acknowledge and agree that Av-DEC is not liable for any defamatory, anti-competitive, offensive, or illegal conduct of any user. If you are dissatisfied with any Av-DEC service, or with any of Av-DEC's terms, your sole and exclusive remedy is to discontinue using the service.

Governing Law and Jurisdiction

These terms shall be governed by and construed in accordance with the laws of the State of Texas, USA, without giving effect to any principles or conflicts of law. If any provision of these terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Texas in each case located in the City of Fort Worth and County of Tarrant although we retain the right but not the obligation to bring any suit, action or proceeding against you for breach of or related to these Terms of Use in your country of residence or any other relevant country. You agree to waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

User Data

As used herein, “User Data” means data, information or other content submitted by or for you to the Services or collected or processed by or for you using the Services. You warrant that you have the right to license use of the User Data to Av-DEC, and you grant to Av-DEC and its distributors, agents and business partners, each acting in her or its capacity as such, a perpetual license to copy, backup, store, transfer, maintain, modify and otherwise use the User Data for providing the Services to you and/or for providing other services or products to you, and in aggregate, but not including any personally identifiable information, for improving and enhancing the Services. Av-DEC may collect, process, copy, backup, store, transfer and use personally identifiable information only in accordance with the applicable laws. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

Contact Av-DEC

For questions, comments or details regarding Av-DEC, please go to www.avdec.com and choose the envelope icon in upper-right hand corner. This will provide you with a service request form. When using the “Contact Us” form do not provide your private contact details or any other private information.

Last updated: April 2022