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AVALANCHE TECHNOLOGY WEB SITE TERMS AND CONDITIONS
THANK YOU FOR VISITING THE AVALANCE TECHNOLOGY WEB SITE. YOUR USE OF AND ACCESS TO THE SITE ARE GOVERNED BY THESE TERMS AND CONDITIONS,
WHICH COLLECTIVELY FORM A BINDING LEGAL AGREEMENT BETWEEN YOU AND AVALANCE TECHNOLOGY CO., INC. ("AVALANCE TECHNOLOGY"). IF YOU DO NOT AGREE TO THESE
TERMS AND CONDITIONS, YOUR PERMISSION TO ACCESS OR USE THE SITE IS AUTOMATICALLY AND IMMEDIATELY REVOKED.
USE OF CONTENT
All text, images, graphics, media, content, data, and information on the Site ("Content") are for general informational purposes only. The Site
is the property of Avalanche Technology and is protected by United States and international copyright, trademark, and other applicable laws. This includes
the content, appearance, and design of the web site, as well as the trademarks, graphics, logos, colors, and designs. Except as expressly set forth
herein, all rights in the Content and the Site are reserved to Avalanche Technology and its licensors. Any use of the Content not expressly permitted by
these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws. Content is subject to change
and the operation of the Site may terminate without notice in the sole discretion of Avalanche Technology.
USER COMMUNICATIONS
No User submissions to the site create any legal obligation on the part of Avalanche Technology, nor does Avalanche Technology's receipt of such submissions
constitute any acceptance by Avalanche Technology of the contents of such submissions.
You agree that you will not transmit any communications or content of any type that infringe or violate any rights of any party. By submitting
ommunications or content to any part of this Site, including without limitation information relating to employment applications, you agree that all such
submissions and communications are non-confidential for all purposes, and further that to the best of your knowledge such submission and communications
comply fully with all requirements set forth in the relevant portions of the Site or elsewhere as indicated on the Site or in other Avalanche Technology materials.
If you make any such submission, you hereby grant to Avalanche Technology, or warrant that the owner of such content has expressly granted to Avalanche Technology all
right, title, and interest in and to such submission, including without limitation all rights of copyright therein, including the rights to use, reproduce,
create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any
form, format, or forum now known or hereafter developed. Avalanche Technology may freely assign or sublicense these rights.
You agree that the following actions shall constitute a material breach of these Terms and Conditions:
- Using the Site for any purpose in violation of local, state, national, or international laws;
- Attempting to use the Site to disseminate material that infringes on the intellectual property rights of others or on the privacy or publicity rights of others;
- Attempting to use the Site to disseminate material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful,
or embarrassing to any other person or entity as determined by Avalanche Technology in its sole discretion;
- Attempting to use the Site to disseminate advertisements;
- Attempting to use the Site to disseminate viruses, trojan horses, timebombs, worms, cancelbots, or other harmful computer code;
- Harvesting or otherwise collecting information about others, including email addresses, without their consent;
- Engaging in any other which, in the judgment of Avalanche Technology, exposes AVALANCE TECHNOLOGY or any third party to any liability or detriment of any type;
- Knowingly submitting false or misleading information relating to employment opportunities.
LINKS TO OTHER SITES
AVALANCE TECHNOLOGY does not endorse, takes no responsibility for, and expressly disclaims any warranties of any kind as to content on any third-party
websites, including without limitation linked third-party sites, sites of third-party advertisers on the Site, and sites framed within the Site.
Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites. Avalanche Technology does not endorse
any product advertised on the Site.
INDEMNITY
You agree to defend, indemnify, and hold harmless Avalanche Technology, its officers, directors, employees, agents, licensors, and suppliers, harmless
from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees,
resulting from, or alleged to result from, your violation of these Terms and Conditions.
GENERAL
Avalanche Technology makes no claims that the Content is appropriate or may be downloaded in any particular jurisdiction. Access to the Content may not be
legal by certain persons or in certain countries. If you access the Site, you do so at your own risk and are responsible for compliance with the laws
of your jurisdiction. All provisions of this Agreement which by their nature are intended to survive the termination of this Agreement (including
without limitation the provisions captioned Disclaimer and Limitation of Liability, User Communications, Indemnity, and Jurisdiction) shall survive
such termination.
JURISDICTION
You expressly agree that exclusive jurisdiction for any dispute with Avalanche Technology, or in any way relating to your use of the Site, resides in the
state and federal courts located in the State of California and you further agree and expressly consent to the exercise of personal jurisdiction state
and federal courts located in the State of California in connection with any such dispute including any claim involving Avalanche Technology or its affiliates,
subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.
These Terms and Conditions are governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles.
If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not
affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms
and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
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