All AvaSure websites are owned and operated by AvaSure. AvaSure is the name we use to refer to our whole business, including AvaSure, LLC (“AvaSure”) with its worldwide headquarters at 5801 Safety Drive, NE, Belmont, Michigan 49306 U.S.A. and any of the companies that it controls such as its subsidiaries, divisions and affiliates.
The information contained in AvaSure websites (i) are for general guidance on matters of interest only and shall not be assimilated to or substituted for legal or medical advice and (ii) do not constitute an offer of or solicitation for the purchase of products or services.
A reference to an AvaSure product or service on an AvaSure website does not imply that such product or service is or will be available in your country where it may be subject to different regulations and conditions of use. Such reference does not imply any intention on our part to sell this product or service in your country and you should always rely on product information especially created for your country. AvaSure’s website contains information about products and services that may or may not be available in any particular country or region of the world, may be available under different trademarks in different countries and where applicable may be approved or cleared by a government regulatory body for sale or use with different indications and restrictions in different countries.
Although accessible by others, the product information on a public AvaSure website is intended for use by residents of the United States only unless designated by a national flag or regional symbol. AvaSure’s websites may link to other websites produced by AvaSure’s various operating divisions and subsidiaries, some of which are outside the U.S. Those AvaSure websites may have information that is appropriate only to the particular originating country or region where the website is based. You should not construe anything on a linked website as a promotion or solicitation for any product or for the use of any product that is not authorized by the laws and regulations of the country where you are located.
AvaSure’s websites may contain from time to time information related to various health, medical and fitness conditions and their treatment. Such information is not meant to be a substitute for the advice provided by a physician or other medical professional. You should not use the information contained herein for diagnosing a health or fitness problem or disease. You should always consult a medical professional, such as a physician, to determine what courses of treatment, if any, may be appropriate for you.
Copyrights and Trademarks. The contents of AvaSure’s websites are protected by worldwide copyright and trademark laws. Any rights not expressly granted herein are reserved. Reproduction, transfer, distribution or storage of part or all of the contents in any form without the prior written permission of AvaSure is prohibited except in accordance with the following terms. AvaSure consents to you browsing AvaSure’s websites on your computer and printing or downloading content only for your personal use for non-commercial purposes provided that such uses are not competitive with or derogatory to AvaSure; but no modification or further reproduction of the content is permitted. The content may otherwise not be copied or used in any way without the prior written consent from an authorized AvaSure representative. Individual documents on an AvaSure’s website may be subject to additional terms indicated in those documents.
The trademarks, service marks, trade names, trade dress and products contained in AvaSure’s websites are protected in the United States and internationally. AvaSure is a registered trademark of AvaSure, LLC. Other product and company names mentioned in AvaSure’s websites may be trademarks or trade names of their respective owners. Your access to AvaSure’s websites should not be construed as granting, by implication, estoppel or otherwise, any license or right to use any marks appearing on AvaSure’s websites without the prior written consent of an authorized AvaSure representative or the third-party owner thereof except to identify the products or services of the company.
If you believe that your intellectual property has been improperly used on a AvaSure website please contact AvaSure’s Compliance Department at the address provided below.
Software. Any software including any files, images generated by the software, code, source and destination, and data accompanying the software (collectively, “Software”), used or accessible by means of a AvaSure website may be used by you solely for accessing and using AvaSure’s website for purposes and according to the conditions expressly stated on the AvaSure website. AvaSure retains full and complete title to and all intellectual property rights in the Software. You agree to neither copy, distribute, sell, modify or create derivative works from any part of the Software nor to decompile, reverse engineer or disassemble the same, unless permitted by applicable law.
User Representations. In using any AvaSure website, you agree: (a) not to disrupt or interfere with the security of, or otherwise abuse, the AvaSure website, or any services, system resources, accounts, servers or networks connected to or accessible through the AvaSure website or affiliated or linked websites; (b) not to disrupt or interfere with any other user’s enjoyment of the AvaSure website or affiliated or linked websites; (c) not to upload, post, or otherwise transmit through or on any AvaSure website any viruses or other harmful, disruptive or destructive files; (d) not to use or attempt to use another’s account, service or system without authorization from AvaSure, or create or use a false identity on a AvaSure website; (e) not to transmit through or on a AvaSure website spam, chain letters, junk mail or any other type of unsolicited mass email to people or entities who have not agreed to be part of such mailings; (f) not to divulge your username and password to others either on or off the AvaSure website; (g) not to attempt to obtain unauthorized access to the AvaSure website or portions of the AvaSure website which are restricted from general access; and, (h) not use a AvaSure website to seek, provide or obtain specific medical advice, medical opinion or diagnosis as applied to a patient’s particular condition or situation.
In addition, you agree that you are solely responsible for actions and communications undertaken or transmitted under your account, and that you will comply with all applicable local, state, national and international laws and regulations, including but not limited to United States export restrictions, that relate to your use of or activities on a AvaSure web site.
Except for Registered Users (as defined in the applicable User Agreement) using a secured AvaSure website for professional use, in connection with the treatment of patients, you expressly agree that you will not provide, discuss or refer to any particular patient, any particular patient’s medical condition or any other information, which could identify a particular patient. You further expressly agree that you will not discuss, endorse or refer to “off label” uses of medical products, including any uses which have not been approved by the U.S. Food and Drug Administration or any other applicable regulatory agency.
Website Updates. All content available through an AvaSure website, including but not limited to data, technical drawings, configurations, quote and order information and catalog listings are believed to be accurate. However, you should independently evaluate the accuracy of the information and the usefulness for your particular needs of any content, product or service available through any AvaSure website. Specifications for products and services are subject to change without notice and AvaSure reserves the right to make changes without notice to processing, materials or configuration. AvaSure does not guarantee that products or services that are listed online will be available at the time of your order.
AvaSure may terminate, change, suspend or discontinue any aspect of an AvaSure web site, including the availability of any features, at any time. AvaSure may remove, modify or otherwise change any content, including that of third-parties, on or from an AvaSure web site. AvaSure may impose limits on certain features and services or restrict your access to parts or all of an AvaSure web site without notice or liability. AvaSure may terminate the authorization and rights provided herein and your use of any AvaSure website at any time in its sole discretion and upon such termination, you shall immediately destroy all materials that you have downloaded from any AvaSure website.
Links to an AvaSure Website. All links to a AvaSure website must be approved in writing by AvaSure, except that AvaSure consents to links in which: (a) the link is a text-only link containing only the title of the home page of AvaSure’s website, (b) the link “points” only to the home page of AvaSure’s web site and not to deeper pages, (c) the link, when activated by a user, displays this home page of AvaSure’s website in full-screen and not within a “frame” on the linked website, and (d) the appearance, position, and other aspects of the link do not (i) create the false appearance that an entity or its activities or products are associated with or sponsored by AvaSure or its affiliates, or (ii) damage or dilute the goodwill associated with the name and trademarks of AvaSure or its affiliates. In any event you agree that AvaSure reserves the right to withdraw this consent to link without reason or notice and at any time and you further undertake to delete any link for which AvaSure’s consent has been withdrawn.
AvaSure does not and cannot review the content posted by users on every AvaSure website and is not responsible for such content. AvaSure may at any time at its discretion remove any content posted by users.
Securities Disclaimer. AvaSure’s websites may contain “forward-looking statements” as defined in the Private Securities Litigation Reform Act of 1995. These statements, at the time they were made, were based on then-current expectations of future events.
If any of those underlying assumptions prove or have proven to be inaccurate or unknown or if risks or uncertainties materialize or have materialized, actual results could vary or already may have varied materially from AvaSure’s expectations and projections in these statements.
These risks and uncertainties include general industry conditions and competition: economic conditions such as interest rate and currency exchange rate fluctuations, technological advances and patents attained by competitors, challenges inherent in new product development including obtaining regulatory approvals, domestic and foreign health care reforms and governmental laws and regulations and trends toward health care cost containment.
The Company assumes no obligation to update any forward-looking statements as a result of new information or future events or developments.
Warranty. The use of any AvaSure website and the content therein is permitted for private, non-commercial use. The content in every AvaSure website is provided as a convenience to you. AvaSure will use reasonable efforts to include up-to-date and accurate information in its website but makes no representations, warranties or assurances as to the accuracy, currency or completeness of the information contained on any AvaSure website which are provided on “as is” and “as available” basis.
To the fullest extent permissible pursuant to applicable law, AvaSure and its affiliates disclaim all warranties of any kind, whether express or implied, including without limitation any warranty of merchantability, fitness for a particular purpose or non-infringement. You expressly agree that any use of an AvaSure website, including all content, data or software distributed by, downloaded or accessed from or through an AvaSure website is at your sole risk. You understand and agree that you will be solely responsible for any damage to your business, your computer system or loss of data that results from the download of such content, data and/or software.
You acknowledge that AvaSure does not control in any respect any information, products or services offered by third-parties through any website including an AvaSure website. Except as otherwise agreed in writing, AvaSure and its affiliates assume no responsibility for and make no warranty or representation as to the accuracy, currency, completeness, reliability or usefulness of any advice, opinion, summary, statement or other content or of any products or services distributed or made available by third-parties through any third-party or AvaSure websites.
AvaSure does not make any warranty that its web sites or its content will meet your requirements, or that a AvaSure website or its content will be uninterrupted, timely, secure, or error free or that defects, if any, will be corrected. Nor does AvaSure make any warranty as to the results that may be obtained from use of an AvaSure website or its content or as to the accuracy, completeness or reliability of any information obtained through use of any AvaSure website.
AvaSure assumes no responsibility for any damages suffered by a user, including, but not limited to, loss of data from delays, non-deliveries of content or email, errors, system down time, mis-deliveries of content or email, network or system outages, file corruption, or service interruptions caused by the negligence of AvaSure, its affiliates, its licensors, or a user’s own errors and/or omissions.
Except as otherwise provided under applicable laws and regulations regarding the security of personal data, AvaSure disclaims any warranty or representation that confidentiality of information transmitted through a AvaSure website will be maintained.
No advice or information, whether oral or written, obtained by you from AvaSure or third-parties through any AvaSure website shall create any warranty.
Some states do not allow the limitation or exclusion of certain warranties or conditions, so some of the above exclusions may not apply to you.
Limitation of Liability. TO THE EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL AVASURE OR ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM OR IN CONNECTION WITH THE USE OF OR THE INABILITY TO USE AN AVASURE WEBSITE OR ANY CONTENT CONTAINED ON AN AVASURE WEBSITE, OR, EXCEPT AS OTHERWISE PROVIDED UNDER APPLICABLE LAWS AND REGULATIONS REGARDING THE SECURITY OF PERSONAL DATA, RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR OTHER INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF AVASURE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE PARTIES ACKNOWLEDGE THAT THIS IS A REASONABLE ALLOCATION OF RISK, EVEN IF AVASURE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF CERTAIN WARRANTIES OR LIMITATIONS OF LIABILITY, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THE LIABILITY OF AVASURE WILL IN SUCH CASE BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
c/o: Corporate Compliance Officer
5801 Safety Drive, NE
Belmont, MI 49306
End User License Agreement
Please read this End-User License Agreement (“Agreement”) carefully before clicking the “I Agree” button and/or downloading or using AvaSure, LLC’s (“AvaSure”), Connect® or downloading and/or using any AvaSure software application, including but not limited to Connect®, Verify®, Standard, Enterprise, for either Server or Client (“Application”) or by accessing AvaSure’s website.
By clicking downloading and/or using the Application or accessing AvaSure’s website, you are agreeing to be bound by the terms and conditions of this Agreement.
If you do not agree to the terms of this Agreement, do not click on the “I Agree” button and do not download or use the Application.
AvaSure grants you a revocable, non-exclusive, non-transferable, limited license to download, install and use the Connect® Application and/or Software solely for commercial purposes related to your provision of patient engaged video surveillance services and/or health care services, strictly in accordance with the terms of this Agreement and any subscription term set forth within a Schedule executed under a Master Agreement between you and/or your Employer and AvaSure. Except as provided in the Usage Rules, you may not distribute or make the Application available over a network where it could be used by multiple devices at the same time. You may not transfer, redistribute or sublicense the Application and, if you give, sell or otherwise transfer your computers and/or mobile devices containing this Application to a third party, you must uninstall/remove the Application from the computers and devices before doing so. You may not copy (except as permitted by this license and the Usage Rules), reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Application, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the Application).
Usage Rules & Prohibitions
In using the Application, you acknowledge that The Application may not be available in all languages or in your Home Country, and/or may not be appropriate or available for use in all locations. To the extent you choose to use the Application, you are solely responsible for compliance with any applicable laws. Further you agree, under the following Usage Rules, not to:
- Send or otherwise transmit to or through the Application any unlawful, infringing, harmful, harassing, defamatory, threatening, hateful or otherwise objectionable material of any kind, any material that can cause harm or delay to the Application or
computers of any kind, and any unsolicited advertising, solicitation or promotional materials;
- License, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Application or make the Application available to any third party; Misrepresent your identity or affiliation in any way;
- Restrict or inhibit any person from using the Application, disclose personal information obtained from the Application or collect information
about users of the Application;
- Modify, expand upon, adulterate, reverse engineer, disassemble or decompile any section or technology on the Application, or attempt to do any of the foregoing;
- Gain unauthorized access to the Application, to other users’ accounts, names, personally identifiable information or other information, or to other computers or websites connected or linked to the Application;
- Launch or use any automated system, that accesses the Application in any manner;
- Send or otherwise transmit to or through the Application unsolicited communications or communications that are not otherwise scheduled through AvaSure’s customers, or messages marketing or advertising goods and services;
- Transmit or otherwise make available any virus, worm, spyware or any other computer code, file or program that may or is intended to damage or hijack the operation of any hardware, software or telecommunications equipment;
- Violate any applicable laws or regulations or this Agreement;
- Use data displayed, including but not limited to personal, medical and location information, beyond appropriate uses in the provision of health care services as you acknowledge use the Application or any data presented in any other manner is inconsistent with the terms of this Agreement
- Infringe upon the intellectual property rights of AvaSure, its customers, or any third party.
- use the Application to harass, abuse, stalk, threaten or defame any person or entity, and you acknowledge that AvaSure is not responsible for any such use.
- Alter or modify any part of the Content or services offered on the Application; or
- Assist or permit any persons in engaging in any of the activities described above.
Consent to Use of Data
You agree that AvaSure may collect and use technical data and related information—including but not limited to technical information about your device, location, data, system and application software, and peripherals—that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the Application. AvaSure may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.
The non-identifiable information we collect may be shared with our customers, suppliers and vendors and used in the aggregate to create summary statistics that help us analyze Application usage trends, assess what information is of most and least importance, determine technical design specifications, arrange Applications in the most user-friendly way, and identify system performance or problem areas.
Privacy and Security of Secure Portal
Use of the Application requires authorized individual healthcare personnel authorized by a customer of AvaSure, to register and log-in, and are password protected (“Registered Users”). The password protected portions of the Application are referred to as the Secure Portals. The Secure Portals may contain protected health information (PHI) or personal information about patients of AvaSure customers. Because of this, on the Secure Portals, AvaSure must be able to link a health care professional accessing a patient room within AvaSure’s customers’ settings and related activity back to their identity, for example to verify identity in our systems and eligibility for Services and use of the Application and for customer-analytic reporting. Therefore, in the Secure Portals, AvaSure may display and/or collect identifiable information about the User, and possible patients of AvaSure’s customers.
While no Application can absolutely guarantee security, we maintain physical, administrative, and technical safeguards to help protect your information and your patient’s PHI collected via the Secure Portals as required by applicable law. While we cannot guarantee that loss, misuse or alteration to data will not occur, we use industry standards, such as Secure Socket Layers (“SSL”) technology, to help safeguard against such occurrences. On the Secure Portals, the information passed between your browser and our system is encrypted with SSL technology to create a protected connection between you and our customer’s network to ensure confidentiality.
Our data center is both physically and electronically secured. Our servers are protected behind the Internet by using firewall and encryption technology. All data is stored and transferred in encrypted formats that either meet or exceed standards defined by state and federal laws. No data is transferred to Registered Users that do not have rights to access such information. All information and data you submit through the Application are stored on secure servers located in the United States.
Your Representations and Warranties
By downloading the Application, using the Application and/or registering on the Secure Portals, you represent and warrant that (i) you are at least eighteen (18) years of age, (ii) you have the legal ability and authority to enter into this Agreement with AvaSure, (iii) the information you have provided to AvaSure in your registration is accurate and complete (iv) you will comply with any and all laws applicable to your use of the Application and the Secure Portals, (v) you will not interfere with a third party’s use and enjoyment of the Secure Portals, and (vi) you will not interfere with or disrupt AvaSure’s or its Customers’ security measures. If any information you provide to AvaSure becomes inaccurate, incomplete or otherwise false or misleading, you will immediately notify AvaSure.
Intellectual Property Rights and Content
All materials on and in the Application, including the design, layout, and organization (collectively referred to as “Content”), are owned and copyrighted by AvaSure or its suppliers or vendors, and are protected by all applicable intellectual property laws. The Content contains trademarks, service marks, and registered trademarks of AvaSure and its licensors. All rights and title to the Content, trademarks and service marks herein remain with AvaSure or its licensors.
You are authorized to view the Application and Content. You are not authorized to alter, obscure, or remove any copyright or trademark notice present in the Content. All rights not expressly granted herein are reserved to AvaSure.
You may not reproduce, duplicate, copy, sell, trade, resell, or exploit for commercial gain any portion of the Application or the Content. You agree not to change or delete any copyright or proprietary notice from materials downloaded with this Application.
Modifications to Application
AvaSure reserves the right to modify, suspend or discontinue, temporarily or permanently, the Application or any service to which it connects, with or without notice and without liability to you.
AvaSure IS NOT A MEDICAL CARE PROVIDER AND IN NO WAY PROVIDES MEDICAL CARE. THE APPLICATION IS NOT MEANT TO REPLACE DIRECT, FACE-TO-FACE MEDICAL CARE BUT IS ONLY MEANT TO SUPPLEMENT THAT RELATIONSHIP FOR NON-EMERGENCY NEEDS. AVASURE will use reasonable efforts to keep the content timely and accurate, but makes no guarantees, and disclaims any implied warranty or representation about its accuracy, relevance, timeliness, completeness, or appropriateness for a particular purpose. AvaSure assumes no liability arising from or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Application. You, as a user, further agree as follows:
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE APPLICATION IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APPLICATION, DATA OR CONTENT DISPLAYED THEREBY, AND ANY SERVICES PERFORMED OR PROVIDED BY THE APPLICATION ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND AVASURE HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY AVASURE OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL AVASURE BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall AvaSure’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of Fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
No Right to Export or Re-export
You may not use or otherwise export or re-export the Application except as authorized by United States law and the laws of the jurisdiction in which the Application was obtained. In particular, but without limitation, the Application may not be exported or re-exported (a) into any U.S.-embargoed countries or (b) to anyone on the U.S. Treasury Department’s Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By using the Application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.
You will need to provide us with an email address. We will use email to send you important updates about the Application as well as notifications when information and documents are added that Registered Users of the Application need to be aware of. AvaSure will also use email address to send general information about the other applications and/or services available through AvaSure. In some instances, but not all, you will be able to opt out of receiving emails. AvaSure does not sell your email address to third parties.
The Application and related documentation are “Commercial Items”, as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
- Except to the extent expressly provided in the following paragraph, this Agreement and the relationship between you and AvaSure shall be governed by the laws of the State of Michigan, excluding its conflicts of law provisions. You and AvaSure agree to submit to the personal and exclusive jurisdiction of the courts located within the County of Kent, State of Michigan, to resolve any dispute or claim arising from this Agreement. If (a) you are not a U.S. citizen; (b) you do not reside in the U.S.; (c) you are not accessing the Service from the U.S.; and (d) you are a citizen of one of the countries identified below, you hereby agree that any dispute or claim arising from this Agreement shall be governed by the applicable law set forth below, without regard to any conflict of law provisions, and you hereby irrevocably submit to the non-exclusive jurisdiction of the courts located in the state, province or country identified below whose law governs:
If you are a citizen of any European Union country or Switzerland, Norway or Iceland, the governing law and forum shall be the laws and courts of your usual place of residence.
Specifically excluded from application to this Agreement is that law known as the United Nations Convention on the International Sale of Goods.
Term and Termination
This Agreement shall remain in effect until terminated by you or AvaSure. AvaSure may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice. This Agreement will terminate immediately, without prior notice from AvaSure, in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the Application and all copies thereof from your mobile device or from your desktop. Upon termination of this Agreement, you shall cease all use of the Application and delete all copies of the Application from your mobile device or from your desktop.
If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Amendments to this Agreement
AvaSure reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material, we will provide at least 30 days’ notice prior to any new terms taking effect by posting a Notice of Amendment. What constitutes a material change will be determined at our sole discretion. All amendments to this Agreement shall require you to reaffirm your consent to the amended terms prior to continued use after the amendment has taken effect.
If you have any questions about this Agreement, please contact us.
Attn: Safety Officer
5801 Safety Drive, N.E.
Belmont, Michigan 49306
Last updated: September 29, 2020