AVI Terms of Use 

  1. DESCRIPTION OF SERVICE AND ACCEPTANCE OF TERMS OF USE 

Automotive Video Innovations, Inc (“AVI,” “we,” or “us”) provides an online video service offering a selection of videos, training programs, resources, and other content (collectively, “Content”) for viewing on AVI’s websites, AVI’s affiliate and distribution partner websites (“Distribution Sites”), and other websites where users are permitted to embed AVI’s video player (the “Video Player”) in accordance with these Terms of Use (these websites, together with the AVI’s sites and distribution Sites, are referred to collectively as the “Sites”). Our video service, our video players, and any other features, tools, applications, materials, or other services offered from time to time by AVI in connection with its business on any of the Sites are referred to collectively as “Web Services.” We are a company based in the United States. 

It is our pleasure to provide Web Services for your personal training and education. To enjoy AVI and the web services, you must agree to, and follow, the terms and conditions set forth in these Terms of Use (“Terms of Use” or “Terms”). By visiting an AVI Site or using any of the web services on any of the AVI Sites, you are agreeing to these Terms. Please take a moment to carefully read through these Terms. It is our goal to provide you with a first class user experience, so if you have any questions or comments about these Terms, please contact us at support@aviondemand.com (subject line: “TOU Question”). 

  1. CHANGES TO THE TERMS OF USE BY AVI 

AVI may change these Terms of Use at any time and such change shall be effective upon posting the new Terms of Use on the AVI Sites. Any visit to an AVI Site or use of the web services on any of the AVI sites by you after the new Terms are posted will be deemed to evidence your agreement to such change. Therefore, it is important you read this page regularly to ensure that you are familiar with the most updated Terms. 

  1. ACCESS AND USE OF AVI SERVICES 

Your License. AVI is pleased to grant you a limited license to view the Content and to use the web services for personal, non-commercial purposes as set forth in these Terms. 

The Content. You may only view the Content personally and for a non-commercial purpose. You must not remove, alter, interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the Content or any digital rights management mechanism, device, or other content protection or access control measure associated with the Content. The copying, downloading, stream capturing, reproduction, duplication, archiving, distribution, 

uploading, publication, modification, translation, broadcast, performance, display, sale, or transmission of the Content is strictly prohibited unless it is expressly permitted by AVI in writing. The Content covered by this restriction includes any text, graphics, layout, interface, logos, photographs, audio and video materials, and stills. In addition, you are strictly prohibited from creating derivative works or materials that otherwise are derived from or based on in any way the Content, including montages, mash-ups and similar videos, wallpaper, desktop themes, greeting cards, and merchandise, unless it is expressly permitted by AVI in writing. You may not incorporate the Content into any hardware or software application. This prohibition applies even if you intend to give away the derivative materials free of charge. 

The Video Player. You may not modify, enhance, remove, interfere with, or otherwise alter in any way any portion of the Video Player, its underlying technology, any digital rights management mechanism, device, or other content protection or access control measure incorporated into the Video Player. This restriction includes disabling, reverse engineering, modifying, or otherwise circumventing the Video Player in a manner that enables users to view the Content without displaying visibly both the Video Player and all surrounding elements (including the graphical user interface, any advertising, copyright notices, and trademarks) of the webpage where the Video Player is located. 

Embedding a Video Using the Video Player. You may embed videos using the Video Player, provided you do not embed the Video Player on any website or other location that contains or hosts content that is unlawful, infringing, pornographic, obscene, defamatory, libelous, threatening, harassing, vulgar, indecent, profane, hateful, racially or ethnically offensive, encourages criminal conduct, gives rise to civil liability, violates any law, rule, or regulation, infringes any right of any third party including intellectual property rights, is otherwise inappropriate or objectionable to AVI (in AVI’s sole discretion), or links to infringing or unauthorized content (collectively, “Unsuitable Material”). You may not embed the Video Player into any hardware or software application. 

Ownership. You agree that AVI owns and retains all rights to the web services. You further agree that the Content provided to you and other users as part of the web services is owned by AVI. The web services and the Content are protected by copyright, trademark, and other intellectual property laws. 

Your Responsibilities. In order for us to keep the web services safe and available for everyone to use, we all have to follow the same rules of the road. In general, you and other users must use the web services for lawful and appropriate purposes only. Your commitment to this principle is critical. You agree not to use the web services in a way that: 

* violates the rights of others including patent, trademark, trade secret, copyright, privacy, publicity, or other proprietary rights; * uses technology or other means to access the Content or the web services that is not authorized by AVI (including by disabling or circumventing any content protection or access control mechanisms intended to prevent the unauthorized download, stream capture, linking, reproduction, or distribution of the Content or web services); * involves accessing the web ervices through any automated means, including “robots,” “spiders,” or “offline readers” (other than by individually performed searches on publicly accessible search engines for the sole purpose of, and solely to the extent necessary for, creating publicly available search indices — but not caches or archives — of the web services and excluding those search engines that host, promote, or link primarily to infringing or unauthorized content); * attempts to introduce viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; * attempts to damage, disable, overburden, impair, or gain unauthorized access to the web services, including AVI’s servers, computer network, or user accounts; * attempts to remove, modify, disable, or otherwise impair any advertising in connection with the web service; * attempts to collect personally identifiable information in violation of AVI’s Privacy Policy; * encourages conduct that would constitute a criminal offense or give rise to civil liability; * violates these Terms or any guidelines or policies posted by AVI; or * interferes with any other party’s use and enjoyment of the web services. 

No Spam/Unsolicited Communications. We know how annoying and upsetting it can be to receive unwanted email or instant messages from people you do not know. Therefore, no one may use the web services to harvest information about users for the purpose of sending, or to facilitate or encourage the sending of, unsolicited bulk or other communications. You understand that we may take any technical remedies to prevent spam or unsolicited bulk or other communications from entering, utilizing, or remaining within our computer or communications networks. If you Post (as defined below in Section 7) or otherwise send spam, advertising, or other unsolicited communications of any kind through the web services, you acknowledge that you will have caused substantial harm to AVI and that the amount of such harm would be extremely difficult to measure. 

Downloads. In order to participate in certain web services, you may be notified that it is necessary to download software or other materials or agree to additional terms and conditions. Unless otherwise provided by these additional terms and conditions, they are hereby incorporated into these Terms. 

Suspension/Discontinuation. We hope not to, but we may change, suspend, or discontinue — temporarily or permanently — some or all of the web services with respect to any or all users, at any time without notice. You acknowledge that AVI may do so in AVI’s sole discretion. You also agree that AVI will not be liable to you for any modification, suspension, or discontinuance of the web services. 

  1. ACCOUNTS AND REGISTRATION 

We may from time to time offer various features that require registration or the creation of an account on an AVI Site. If at any time you choose to register or create an account with us, the additional terms and conditions set forth below also will apply. 

All registration information you submit must be accurate and updated. Please keep your password confidential. You will not have to reveal it to any representative of any Site. You are responsible for all use on your account, including unauthorized use by any third party. Therefore, it is critical that you do not share your password with anyone. Please notify us at mhobbs@auto-video.com (subject line: “Account Security Breach”) as soon as you know of, or suspect any unauthorized use of, your account. Please also make sure to notify us if your registration information changes, in case we need to contact you. 

You may terminate your account by emailing mhobbs@auto-video.com (subject line: “Account Termination Request”). Please identify your account and provide a valid reply email address in the event we require additional information to terminate your account. 

We reserve the right to immediately terminate your account or your use of the AVI Services at any time, without notice or liability, if AVI determines in its sole discretion that you have breached these Terms of Use, violated any law, rule, or regulation, engaged in other inappropriate conduct, or for any other business reason. We also reserve the right to terminate your account or your use of the web services if such use places an undue burden on our networks or servers. Of course, we would prefer to avoid such termination; therefore, we may use technology to limit activities, such as the number of calls to the AVI servers being made or the volume of User Material (as defined below in Section 7) being Posted. 

  1. COLLECTION AND USE OF PERSONAL INFORMATION 

For information about AVI’s policies and practices regarding the collection and use of your personally identifiable information, please read AVI’s Privacy Policy. The Privacy Policy is incorporated by reference and made part of these Terms of Use. Thus, by agreeing to these Terms of Use, you agree that your presence on an AVI Site and use of the web services on any of the Sites are governed by the AVI Privacy Policy in effect at the time of your use. 

  1. USER REVIEWS, COMMENTS, AND OTHER MATERIAL 

Your Posts. As part of the web services, users may have an opportunity to publish, transmit, submit, or otherwise post (collectively, “Post”) reviews, comments, or other materials (collectively, “User Material”). In order to keep the web services enjoyable for all of our users, you must adhere to the rules below. 

Please choose carefully the User Material that you Post. Please limit yourself to User Material directly relevant to the web services. Moreover, you must not Post User Material that: (a) contains Unsuitable Material (as defined above in Section 3); or (b) improperly claims the identity of another person. You should also be careful if you decide to Post personally identifiable information, such as your full name, email address, telephone number, or street address. 

You must be, or have first obtained permission from, the rightful owner of any User Material you Post. By submitting User Material, you represent and warrant that you own the User Material or otherwise have the right to grant AVI the license provided below; you also represent and warrant that the Posting of your User Material does not violate any right of any party, including privacy rights, publicity rights, and intellectual property rights. In addition, you agree to pay for all royalties, fees, and other payments owed to any party by reason of your Posting User Material. AVI will remove all User Material if we are properly notified that such User Material infringes on another person’s rights. You acknowledge that AVI does not guarantee any confidentiality with respect to any User Material. 

AVI does not claim any ownership rights in User Material that you Post. After Posting your User Material, you continue to retain all of the same ownership rights you had prior to Posting. By Posting your User Material, you grant AVI a limited license to use, display, reproduce, distribute, modify, delete from, add to, prepare derivative works of, publicly perform, and publish such User Material through the web services worldwide, in perpetuity, in any media formats and any media channels now known or hereinafter created. Without this license, we would not be able to provide your User Material in connection with the web services. For example, without the right to modify User Material, we could not format it to satisfy technical requirements, and without the right to publish User Material, we could not allow other users to view your User Material. The license you grant to AVI is non-exclusive (meaning you are not prohibited by us from licensing your User Material to anyone else in addition to AVI), fully-paid, and royalty-free (meaning that AVI is not required to pay you for the use of your User Material), and sublicensable (so that AVI is able to use its affiliates, subcontractors, and other partners, such as internet content delivery networks to provide the web services). By Posting your User Material, you also hereby grant each user of the web services a non-exclusive limited license to access your User Material, and to use, display, reproduce, distribute, and perform such User 

Material as permitted through the functionality of the web services and under these Terms of Use. 

Third Party Posts. Despite these restrictions, please be aware that some material provided by users may be objectionable, unlawful, inaccurate, or inappropriate. AVI does not endorse any User Material, and User Material that is Posted does not reflect the opinions or policies of AVI. We reserve the right, but have no obligation, to monitor User Material and to restrict or remove User Material that we determine, in our sole discretion, is inappropriate or for any other business reason. In no event does AVI assume any responsibility or liability whatsoever for any User Material, and you agree to waive any legal or equitable rights or remedies you may have against AVI with respect to such User Material. You can help us tremendously by notifying us of any inappropriate User Material you find. If a “report” feature through the web services is not available for a specific instance of inappropriate User Material, please email mhobbs@auto- video.com (subject line: “Inappropriate User Material”). 

  1. LINKED WEBSITES AND ADVERTISING 

Third Party Websites. If we provide links or pointers to other websites, you should not infer or assume that AVI operates, controls, or is otherwise connected with these websites. When you click on a link within the web services, we will not warn you that you have left a Site and are subject to the terms and conditions (including privacy policies) of the destination website. In some cases, it may be less obvious than others that you have left a Site and reached another website. Please be careful to read the terms of use and privacy policy of any website before you provide any confidential information or engage in any transactions. You should not rely on these Terms for another website. 

AVI is not responsible for the content or practices of any website other than the AVI Sites, even if it links to an AVI Site and even if the website is operated by a company affiliated or otherwise connected with AVI. By using the web services, you acknowledge and agree that AVI is not responsible or liable to you for any content or other materials hosted and served from any website other than an AVI Site. 

Advertisements. AVI takes no responsibility for advertisements or any third party material Posted on any of the Sites, nor does it take any responsibility for the products or services provided by advertisers. Any dealings you have with advertisers found while using the web services are between you and the advertiser, and you agree that AVI is not liable for any loss or claim that you may have against an advertiser. 

  1. TRADEMARKS 

AVI, the AVI logo, and other AVI marks, graphics, logos, scripts, and sounds are trademarks of AVI. None of the AVI trademarks may be copied, downloaded, or otherwise exploited. 

  1. DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY AND INDEMNITY 

WHILE WE DO OUR BEST TO ENSURE THE OPTIMAL PERFORMANCE OF THE WEB SERVICES, YOU AGREE THAT USE OF THE WEB SERVICES IS AT YOUR OWN RISK. THE WEB SERVICES, INCLUDING AN AVI SITE AND THE OTHER SITES, THE CONTENT, THE VIDEO PLAYER, USER MATERIAL, AND ANY OTHER MATERIALS CONTAINED ON OR PROVIDED THROUGH THE SITES, ARE PROVIDED “AS IS” AND, TO THE FULLEST EXTENT PERMITTED BY LAW, ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, AVI DOES NOT MAKE ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE; OR THAT THE AVI SERVICES WILL BE UNINTERRUPTED, FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS, ACCURATE, ERROR FREE, OR RELIABLE. 

IN NO EVENT SHALL AVI OR ITS AFFILIATES, SUCCESSORS, AND ASSIGNS, AND EACH OF THEIR RESPECTIVE INVESTORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND SUPPLIERS (COLLECTIVELY, THE “AVI PARTIES”), BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES, INCLUDING LOSS OF PROFITS, ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF THE WEB SERVICES (INCLUDING ANY INFORMATION, PRODUCTS, OR SERVICES ADVERTISED IN, OBTAINED ON, OR PROVIDED THROUGH THE SITES), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHER THEORY, EVEN IF THE AVI PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU. 

YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE AVI PARTIES FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, DAMAGES, EXPENSES (INCLUDING REASONABLE ATTORNEY’S FEES AND COSTS), AND OTHER LOSSES ARISING OUT OF OR IN ANY WAY RELATED TO YOUR BREACH OR ALLEGED BREACH OF THESE TERMS OR YOUR USE OF THE WEB SERVICES. 

  1. NOTICE AND PROCEDURE FOR CLAIMS OF COPYRIGHT INFRINGEMENT 

If you believe that any Content, User Material, or other material provided through the web services, including through a link, infringes your copyright, you should notify AVI of your infringement claim in accordance with the procedure set forth below. 

We will process each notice of alleged infringement which AVI receives and take appropriate action in accordance with applicable intellectual property laws. A notification of claimed 

copyright infringement should be emailed to AVI at support@auto-video.com (subject line: “DMCA Takedown Request”). You may also contact us by mail or facsimile at: 

Attention: Paul Louwers Automotive Video Innovations, LLC. 6280 Arc Way. Fort Myers FL, 33966 Facsimile: (239) 561-9111 

To be effective, the notification must be in writing and contain the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive copyright interest; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of where the material that you claim is infringing is located on the web services that is reasonably sufficient to enable AVI to identify and locate the material; (d) how AVI can contact you, such as your address, telephone number, and email address; (e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) a statement by you that the above information in your notice is accurate and under penalty of perjury that you are authorized to act on behalf of the copyright owner or the owner of an exclusive right in the material. 

  1. GENERAL INFORMATION 

International Use. AVI’s goal is to bring you as much Content as is legally available. That said, we are limited by the rights that our content licensors grant to us. Using technologies to access the Content from territories where AVI does not have rights is prohibited. 

Export Controls. Software and the transmission of applicable technical data, if any, in connection with the web services are subject to export controls. You agree to comply with all applicable laws regarding software and the transmission of technical data exported from the United States or the country in which you reside. 

No Waiver/Reliance. If you see other parties violating these Terms from time to time, we would appreciate it if you would let us know at support@auto-video.com (subject line: “TOU Violation”). Precisely how AVI responds to a party that is violating these Terms will be determined after carefully analyzing all of the facts and circumstances of a particular case. You may not rely upon AVI’s precise response with respect to one party or one situation as any indication of what AVI might do with respect to another party or another situation, even if the parties or situations appear to be similar. Similarly, if we fail to act in response to a violation of these Terms of Use, you should not assume that we do not object to the violation or even that we are aware of it. In addition, you may not construe a waiver of any provision of these Terms 

of Use with respect to any party as a waiver of that provision (or any other provision) with respect to either that party or any other party. Further, AVI’s decision to delay exercising or enforcing any right or remedy under these Terms of Use shall not constitute a waiver of such right or remedy. Even if AVI acts in a way that appears to you to be inconsistent with these Terms of Use, AVI’s action shall not be deemed a waiver or constructive amendment of these Terms. 

Integration, Amendment, and Severability. Please note that these Terms of Use, including AVI’s Privacy Policy which is incorporated in these Terms, constitute the entire legal agreement between you and AVI and govern your use of the web services (but excludes any services, if any, that AVI may provide to you under a separate signed written agreement), and completely replaces any prior agreements between you and AVI in relation to the web services. These Terms may not be amended or varied except in a writing signed by AVI. These Terms of Use operate to the fullest extent permissible by law. If any provision of these Terms is held to be unlawful, void, or unenforceable, you and we agree that the provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions. 

No Use of Electronic or Digital Signatures. Although we understand that electronic or digital signatures are frequently viewed as the equivalent of traditional written signatures these days, for purposes of these Terms of Use, a signature or “signed” writing or written agreement may not include an electronic or digital signature. 

Thank you for taking the time to read these Terms of Use. These Terms of Use will be updated from time to time, so you should check back frequently to read the most recent Terms. By understanding and agreeing to follow these Terms, the experience will be better for all users. Enjoy the AVI web services!