ATTENTION: PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEB SITE. ACCESSING OR USING THE AVICENA WEB SITE CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS IN THEIR ENTIRETY, DO NOT USE THE WEB SITE.

By using or visiting the web site at www.avicena.tech (the “Web Site”), you expressly agree to be bound by and to adhere to these Terms and all applicable laws and regulations governing the Web Site.  AvicenaTech, Corp. (“Avicena”) reserves the right to change these Terms at any time, effective immediately upon posting on the Web Site.

Use of Site. Avicena authorizes you to view and download the materials at this Web Site only for your own personal, non-commercial and informational purposes only, and that you shall not duplicate, download, publish, or otherwise distribute the materials on this Web Site for any other purpose.  Without limiting the foregoing, you may not modify the materials in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose, or copy or post the Materials on any networked computer or broadcast the Materials in any media. The materials at this Web Site are copyrighted and any unauthorized use of any materials at this Web Site may violate copyright, trademark, and other laws. If you breach any of these Terms, your authorization to use this Web Site automatically terminates and you must immediately destroy any downloaded or printed materials.

User Submissions. Any material, information or other communication you transmit or post to this Web Site will be considered non-confidential and non-proprietary ("User Communications"). Avicena will have no obligations with respect to User Communications. Avicena will be free to copy, disclose, distribute, incorporate and otherwise use the User Communications and all data, images, sounds, text, and other things embodied therein for commercial or non-commercial purposes. You are prohibited from posting or transmitting to or from this Web Site any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law in any jurisdiction. Notwithstanding the foregoing, this section is not intended to apply to personal data, or to modify any written agreement between the parties regarding the disclosure and protection of confidential information.

Links To Other Web Sites. Links to third party Web Sites on this Web Site are provided solely as a convenience to you. Avicena has not reviewed all of these third party sites and does not control and is not responsible for any of these sites or their content. If you decide to access any of the third party sites linked to this Web Site, you do this entirely at your own risk.

Avicena Proprietary Rights. You acknowledge and agree that the materials on this Web Site are owned by Avicena and/or its suppliers and are protected by U.S. and international copyright, trademark and other applicable laws. Where Avicena has posted a legal notice or credits on pages of the Web Site, you may not remove such notices or credits, or any additional information contained along with the notices and credits.  Within the Materials and pages of the Web Site, Avicena has included its names, marks, brands, logos, designs, trade dress, and other designations Avicena uses in connection with its product offerings and services (collectively, “Avicena Marks”).  You may not alter or remove the Avicena Marks or display or use the Avicena Marks for any purposes without the prior written consent of a duly authorized representative of Avicena.  Avicena reserves all of its rights in the Materials and Avicena Marks.

 

DISCLAIMER OF WARRANTIES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE WEB SITE AND MATERIALS  IS AT YOUR SOLE RISK. THE WEB SITE AND MATERIALS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. AVICENA DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.  AVICENA MAKES NO REPRESENTATIONS, WARRANTIES, OR GUARANTIES AS TO THE QUALITY, SUITABILITY, ACCURACY, OR COMPLETENESS OF ANY OF THE MATERIALS. IN NO EVENT WILL AVICENA OR ITS SUPPLIERS BE LIABLE FOR THE ACCURACY OR COMPLETENESS OF THE MATERIALS. AVICENA MAKES NO WARRANTY THAT:   (i) THE MATERIALS AND/OR WEB SITE  WILL MEET YOUR REQUIREMENTS, (ii) THE MATERIALS AND/OR WEB SITE  WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE MATERIALS AND/OR WEB SITE WILL  BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER ITEMS PURCHASED OR OBTAINED BY YOU THROUGH THE  WEB SITE WILL MEET YOUR EXPECTATIONS, OR THAT (v) ANY ERRORS IN THE FUNCTIONALITY OF THE WEB SITE OR MATERIALS WILL BE CORRECTED.

LIMITATION OF LIABILITY. IN NO EVENT WILL AVICENA, ITS SUPPLIERS, OR OTHER THIRD PARTIES MENTIONED AT THIS SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE, ANY WEB SITES LINKED TO THIS SITE, OR THE MATERIALS, APPLICATIONS OR INFORMATION CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS, APPLICATIONS OR INFORMATION FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

INDEMNITY. YOU AGREE TO HOLD AVICENA HARMLESS FROM ANY LOSS, LIABILITY, CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR USE OF THE WEB SITE AND/OR MATERIALS, INCLUDING WITHOUT LIMITATION YOUR SUBMISSION OF USER CONTENT THROUGH THE WEB SITE.

 

Applicable Laws. Avicena controls and operates this Web Site from its facilities in Sunnyvale, California in the United States of America and makes no representation that these Materials are appropriate or available for use in other locations. If you use this Web Site from other locations, you are responsible for compliance with applicable local laws.  These Terms will be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of laws. In the event of any dispute between you and Avicena relating to the Web Site, the materials of the Web Site, or their use, you agree to submit to the personal and exclusive jurisdiction of the federal and state courts located within the county of Santa Clara, California.

Import/Export Control. You acknowledge and agree that the Web Site materials are subject to U.S. export control laws and regulations and may be subject to export or import regulations in other countries.  You agree that you will not export, reexport or transfer the materials in violation of any applicable laws or regulations of the United States or the country where the materials were legally obtained.  You are solely responsible for obtaining any licenses or authorizations required to export, reexport, transfer or import the materials.  In addition to the above, in the absence of authorization by U.S. and local law and regulations, as required, the materials may not be used or exported or reexported to (i) any U.S. sanctioned or embargoed country, or to nationals or residents of such countries; or (ii) any person, entity, organization or other party identified on the U.S. Department of Commerce’s Denied Persons or Entity List, the U.S. Department of Treasury’s Specially Designated Nationals or Blocked Persons List, or the Department of State’s Debarred Parties List, as published and revised from time to time; or (iii) any party engaged in nuclear, chemical/biological weapons or missile proliferation activities.

U.S. Government Restricted Rights. Government users will receive no greater than Restricted Rights as defined in FAR 52.227-19 (c) (1-2 ) (June 1987). Government users will receive no greater Limited Rights as defined in FAR 52.227-14 (June 1987) or DFAR 252.227-7015 (b) (2) (November 1995), as applicable in any technical data at this Web Site.