In consideration of the above, you the User hereby agree as follows:
The AWAV Service is intended solely for Users who are 18 years of age or older. Any access to or use of the AWAV Service by anyone under 18 is expressly prohibited. By accessing or using the AWAV you represent and warrant that you are 18 years of age or older.
For guidance on Assessment Vendor Accounts, please see the Assessment Vendor Terms and Conditions.
USE OF WEBSITE:
By accessing and using the AWAV Service, you acknowledge that you are responsible for your actions and for all User Content you post. You represent and warrant, to the best of your knowledge that:
AWAV REVIEWS PROGRAM:
We encourage those who desire to share their experience regarding a Assessment Vendor Offering to submit reviews on the AWAV Service. You acknowledge and agree that we as the website operator are merely providing a platform for these user reviews; and that all such reviews represent the opinions of the reviewers of the Assessment Vendor Offerings and not those of AWAV. From time to time, AWAV may provide nominal incentives (such as gift cards) to encourage submission of reviews, regardless of whether the content of the review is positive or negative. We provide clear notice on the AWAV Service when a reviewer has been offered a nominal incentive for submitting an honest review. Users may opt to post their review anonymously, but must submit sufficient information for AWAV to verify their identity. While a reviewer may choose not to share personal information, their identity is always verified by AWAV Service before their review is published.
AWAV Community Guidelines:
When contributing a User Reviews you (whether a buyer, reviewer or vendor), acknowledge and agree to adhere to the AWAV Community Guidelines which details the rules for buyers, reviewers and vendors. This includes the quality assurance process, the guidelines each review must meet and the process for flagging reviews for investigation. As a neutral platform, AWAV will only remove reviews that, at AWAV’s discretion, do not meet the guidelines.
INTELLECTUAL PROPERTY RIGHTS:
AWAV Service is comprised of content created by us, Users, Partners, and Assessment Vendors. AWAV recognizes that Assessment Vendor names, their service marks and trademarks are the property of their respective owners. This section sets out the ownership and usage rights for each type of content.
The AWAV Service and all intellectual property rights therein, including without limitation the listings we create from publicly available or licensed content, and/or AWAV domain names (collectively, “AWAV IP”), is the property of AWAV, and/or its authorized licensors, and is protected by U.S. and international copyright, trademark and other intellectual property laws.
Except to the extent otherwise expressly permitted under copyright law, User will not copy, reproduce, modify, use, distribute, display, create derivative works of or otherwise exploit the AWAV IP without the express written consent of AWAV or the applicable copyright owner.
User certifies that User owns or has secured all necessary intellectual property rights in the content that User uploads, posts, e-mails, transmits or otherwise makes available to the AWAV Service, including without limitation User Reviews ("User IP"), and User further agrees to be liable for all such User IP.
By posting User IP (including User Reviews) on AWAV Service or otherwise submitting to User IP to AWAV, User grants AWAV a perpetual, worldwide, irrevocable, nonexclusive, royalty-free and fully sub-licensable right to use, reproduce, modify, create derivative works of, publicly display, communicate and distribute (either electronically or via other media now known or hereafter devised) the User IP in the ordinary course of business.
All intellectual property rights not expressly granted hereunder are expressly reserved to AWAV.
COPYRIGHT INFRINGEMENT CLAIMS:
We respect the intellectual property rights of others and will not tolerate infringing activity on the AWAV Service.
If you are a copyright owner or agent, and you believe your rights under applicable Copyright laws are being infringed by us or another person or entity using the AWAV Service, you may submit to AWAV’s Designated Copyright Agent ([email protected]) a written notification pursuant to the Digital Millennium Copyright Act ("DMCA") (17 U.S.C. § 512), which must include the following information:
We reserve the right to seek damages from any person who knowingly, materially submits a DMCA notification claim under this section in violation of the law.
REPRESENTATIONS & WARRANTIES:
YOUR USE OF THE AWAV SERVICE IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE AWAV SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION: ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, ACCURACY OF INFORMATIONAL CONTENT OR SYSTEM INTEGRATION. WE DO NOT WARRANT THAT ASSESSMENT DIORECTORY SERVICE WILL BE SECURE, AVAILABLE OR OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER; THAT ERRORS OR DEFECTS WILL BE CORRECTED; OR THAT THE CONTENT ON THE AWAV SERVICE IS ACCURATE OR APPROPRIATE FOR YOU AND YOUR BUSINESS NEEDS.
User may terminate its User Account at any time by sending an email request to [email protected] We will endeavor to remove your User Account within 5 (five) business days. While you will still may be able to access certain portions the AWAV Service following termination of your Account, you will no longer have access to the full functionality.
AWAV may in our sole discretion terminate your User Account or impose limits on or restrict your access to parts or all of the AWAV Service at any time, without notice or liability.
For guidance on termination of Assessment Vendor accounts, please see AWAV Assessment Vendor Terms and Conditions.
WAIVER & SEVERABILITY:
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