Thank you for choosing Avanquest North America Inc. ("Avanquest," "our," "us" or "we"). Your access, installation and use of our websites (“Sites”), services and software (together, the "Services") is subject to the terms and conditions in these Terms of Use, our Privacy Policy, any End User License Agreement ("EULA"), and in any other Avanquest agreements that relate to the Services (collectively, "Agreement").
Agreement: You acknowledge that you have read, understand and agree to be bound by this Agreement. Your access, installation and/or use of the Services constitutes acceptance of this Agreement. Avanquest reserves the right, in its sole discretion, to modify, amend or supplement this Agreement at any time with or without notice. If you continue to use the Services after any modifications, amendments or supplements are made, you are accepting and agreeing to be bound by them. For information about our collection and use of data, refer to the most current version of our Privacy Policy.
User: You represent and warrant that: (a) if you are an individual, you are at least 18 years old and have the legal capacity to enter into and be bound by this Agreement; and (b) if you are an entity, you are a corporation, limited liability company, partnership or other legal entity in good standing with the legal authority and power to enter into and be bound by this Agreement. If you are a legal entity, you warrant that you have the authority to and do hereby bind your entity and all individuals employed or engaged by your entity that may use the Services.
1. Product Descriptions. Product descriptions are presented on the Sites and should be consulted before your order. Photographs and pictures have no contractual value.
2. No Offer. Any prices, quotations and descriptions made or referred to on the Sites do not constitute an offer by us but an invitation for you to make an offer to purchase. We may withdraw or revise them at any time prior to our express acceptance of your order.
3. Choice of Products. You are solely responsible for determining which of our products, after having studied their features, best meet your needs. As the person with complete knowledge of the equipment, software and configurations that you use, you are in the best position to assess the compatibility of the products you order from us. When you place your order, you are deemed to have accepted the prices, volumes, quantities and features of the products ordered.
4. Errors. While we make every effort to ensure that the prices and product descriptions on our Sites are accurate, we cannot guarantee the correctness of all information. We reserve the right to notify you of any error relating to a product prior to shipment of your order. In such event, we will convey the correct information to you so you can either (a) confirm your order under the corrected terms or (b) cancel it. If you confirm your order, you acknowledge that the product is provided in accordance with the corrected terms.
5. Availability. We make every effort to ensure that the products appearing on our Sites are available. However, we cannot guarantee that all products are in inventory. If we are unable to process or fulfill your order, we may (a) reject it (without liability) by sending you a rejection email and refunding any prior payment that you have made; (b) propose alternative products; or (c) continue to try to source the products from our suppliers for thirty (30) days after your order. If we cannot source the products within this time, we will cancel your order as described above.
6. Archives - Access. After acceptance of your order, we may keep, for a reasonable period of time and as legally allowed, records of orders received, acknowledgements, acceptances and other records reflecting our sale of product to you. You should print or save a copy of all such documents and this Agreement for your own records.
1. Prices. Prices of products are exclusive of taxes, shipping and freight charges. Any applicable taxes, as well as shipping and freight will be billed as separate line items on your invoice in addition to the price of the products bought. We may modify the prices at any time and without notice. The prices you will pay for products are those in effect at the time we accept your order.
2. Security. On the Sites, credit card transactions are secured, and your credit card number and personal data are encrypted. We use the 256-bit SSL encryption standard (Secure Socket Layer), currently one of the most reliable standards on the Internet.
1. Licensing Terms. When we supply products consisting of or including software programs (the "Software"), the Software is licensed by the relevant licensor. Its use is subject to the end-user license agreement or other licensing terms included with the Software. Under no circumstances does delivery or download of Software constitute a transfer of any ownership interest in or to the Software.
2. Copyright. All content included on the Sites such as text, graphics, logos, button icons, images, sounds, videos, digital downloads, data compilations, and software (including the Software), is the property of Avanquest or its content suppliers, and is protected by copyright laws. The Software may not be copied, adapted, translated, made available, distributed, varied, modified, disassembled, decompiled, reverse engineered or combined with any other software, except to the extent permitted in the licensing terms or by laws expressly mandating such a right.
3. Trademark. Any and all copyrights, trademarks and intellectual property rights embodied in, or used in or in connection with, the Sites or Services including, without limitation, any and all related documentation, promotional materials, manuals, packaging and artwork are and remain the sole and exclusive property of Avanquest.
1. Address of Delivery. We can only deliver products to accurate addresses. You must check the delivery address on any acknowledgment or acceptance we provide and notify us without delay of any error or omission. If you submit an invalid delivery address to us, we may charge you for additional costs arising from or connected with any change you make to the delivery address after submission of your order.
2. Delivery Time. All delivery times or dates provided by us are estimates only. While we do make every effort to meet such times or dates, we will not be liable to you for any delays. Times specified on the Sites correspond to the current average times provided by our partners and vendors. If we are unable to deliver the product, we will refund your payments on request.
3. Risk of Loss. Risk of loss or damage to the product passes to you on its delivery. If you refuse or fail to take delivery of products provided in accordance with this Agreement, you are liable for any loss of or damage to the products and (without prejudice to any other rights or remedies) we are entitled to: (a) demand the immediate payment in full for the products delivered and either (i) complete delivery by whatever means we consider appropriate, or (ii) store the products at your risk; (b) demand all costs of product storage and any additional costs we incur as a result of your refusal or failure to take delivery; or (c) thirty (30) days after the agreed date for delivery, dispose of the products in such manner as we deem fit and set off any proceeds of sale against any amount due from you.
1. Download Procedure. As soon as your payment is processed, you will receive an e-mail providing a link that gives you access to the download space. Your product will be available to download up to one month after purchase.
2. Backup Disc Option. When you order your product, you may have an option to order a "Backup Disc". This option allows you to receive a custom Disc of the product you have downloaded. This way, you can instantly start using the downloaded product, but also have a backup copy if you ever have to re-install it on your device.
3. Extended Download Period. Depending on the product, you may have the option to subscribe to our "extended download period" which means that your product is available for you to download for up to 2 years after the purchase date.
Please consult the applicable product's EULA for return information. You are responsible for any costs associated with returning product unless the product is defective, in which case Avanquest will pay associated costs. The risk of loss and damage to any returned product passes to us only upon our receipt of the return.
DISCLAIMER OF WARRANTIES: THE SERVICES ARE PROVIDED "AS IS, AS AVAILABLE" WITHOUT ANY WARRANTY OF ANY KIND. AVANQUEST DISCLAIMS ALL WARRANTIES WHETHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, THOSE REGARDING (A) THE QUALITY, AVAILABILITY, PERFORMANCE, FUNCTIONALITY AND COMPATABILITY OF THE SERVICES WITH ANY OTHER SERVICE OR PRODUCT), (B) THE QUALITY OR ACCURACY OF ANY INFORMATION OBTAINED FROM OR AVAILABLE THROUGH THE SERVICES, (C) FREEDOM OF THE SERVICES FROM INTERRUPTION, ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS, (D) NON-INFRINGEMENT, (E) MERCHANTABILITY, AND (F) FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE, SUPPORT, MAINTENANCE OR INFORMATION PROVIDED BY AVANQUEST, ITS REPRESENTATIVES, AUTHORIZED SUPPORT PROVIDERS OR OTHER USERS SHALL CREATE A WARRANTY OF ANY KIND. THE FOREGOING DISCLAIMER APPLIES WITHOUT LIMITATION TO ALL SUPPORT AND MAINTENANCE PROVIDED TO YOU BY AVANQUEST, ITS REPRESENTATIVES, AUTHORIZED SUPPORT PROVIDERS AND/OR ANY OTHER USERS.
LIMITATION OF LIABILITY: AVANQUEST WILL NOT BE LIABLE FOR NON-PERFORMANCE, OR DELAY IN PERFORMANCE, OF THE SERVICES EVEN IF THE CAUSE IS WITHIN OUR CONTROL. IN NO EVENT WILL AVANQUEST BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOST PROFITS, LOSS OF DATA OR INFORMATION OR LOSS OF GOODWILL OR OPPORTUNITY. THIS LIMITATION OF LIABILITY APPLIES REGARDLESS OF THE THEORY OF LIABILITY INCLUDING, BUT NOT LIMITED TO, CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY AND WHETHER OR NOT AVANQUEST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. AVANQUEST WILL NOT BE LIABLE FOR THE COST OF PROCURING SUBSTITUTE GOODS, SOFTWARE OR TECHNOLOGY. YOUR SOLE AND EXCLUSIVE REMEDY UNDER THIS AGREEMENT IS YOUR RIGHT TO DISCONTINUE USE OF THE SERVICES. AVANQUEST'S LIABILITY SHALL IN ALL EVENTS BE LIMITED TO THE GREATER OF FIFTY DOLLARS ($50.00) OR ANY AMOUNT ACTUALLY PAID BY YOU TO AVANQUEST FOR THE SERVICES IN DISPUTE DURING THE ONE YEAR PERIOD PRECEDING THE CLAIM. NO ACTION, REGARDLESS OF FORM, ARISING FROM, BASED ON OR RELATED TO THIS AGREEMENT OR THE PROVISION OF THE SERVICES MAY BE BROUGHT BY YOU MORE THAN ONE YEAR AFTER THE EVENT GIVING RISE TO THE ACTION. YOUR RIGHTS MAY VARY FROM STATE TO STATE, AND SOME JURISDICTIONS DO NOT ALLOW A LIMITATION ON LIABILITY DAMAGES AS CONTAINED IN THIS AGREEMENT. IN SUCH JURISDICTIONS, AVANQUEST'S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. THE FOREGOING LIMITATIONS SHALL APPLY, WITHOUT LIMITATION, TO ALL SUPPORT AND MAINTENANCE PROVIDED TO YOU BY AVANQUEST, ITS REPRESENTATIVES, AUTHORIZED SUPPORT PROVIDERS AND/OR ANY OTHER USERS.
Indemnification: You will indemnify and hold Avanquest and its owners, directors, officers, employees, affiliates, agents, representatives, successors and assigns harmless from and against any third party claim, action, suit or proceeding that arises from, is based on, or related to your breach of this Agreement or any unauthorized use of the Services and indemnify Avanquest for all losses, damages, expenses and costs (including reasonable attorneys' fees at trial and on appeal) incurred by Avanquest as a result of any such claim, action, suit or proceeding.
VENUE, GOVERNING LAW, DISPUTE RESOLUTION, ARBITRATION AND CLASS ACTION WAIVER: ANY LEGAL ACTION OR DISPUTE BASED ON, RELATED TO OR CONNECTED WITH THIS AGREEMENT OR THE SERVICES WILL BE GOVERNED BY THE VENUE, GOVERNING LAW, DISPUTE RESOLUTION, ARBITRATION AND CLASS ACTION WAIVER PROVISIONS OF THE APPLICABLE EULA.
Reservation of Rights: Avanquest reserves all rights not expressly granted to you by this Agreement.
Survival: The following provisions shall survive the expiration or termination of this Agreement: disclaimer of warranties, limitation of liability, indemnification, benefit of provisions, venue, governing law, dispute resolution, arbitration and class action waiver and reservation of rights.
Benefit of Provisions: All provisions of this Agreement that disclaim warranties, exclude damages and limit liability shall be for the benefit of Avanquest and our affiliates, partners, licensors, vendors and similar parties.
Last updated: 01/25/2022
