The ORDRS contains material which is derived in whole or in part from material supplied by AvPeace, Inc. and other sources. The ORDRS website and the AvPeace websites contains information, text, designs, graphics, photographs, images, sound, video clips, animation, effects and other materials that are protected by International copyright and trademark laws or other intellectual or proprietary rights owned by AvPeace, Inc. or other third parties. All trademarks and copyrights information contained on these websites are the property of their respective owners. The information, content or advertisements (collectively, the "Materials") on the ORDRS are provided for your review for individual or internal business purposes. Any other use of the ORDRS or the Materials is strictly prohibited, including without limitation, modification, republication, deletion, transmission, public performance, distribution, proxy caching, uploading, posting, reproduction, redistribution or any other dissemination without the express written permission of AvPeace or the applicable rights holder. The Materials on the ORDRS may not be used by third parties for telemarketing, commercial mass e-mail, direct marketing, e-mail spammers, or by agents, or representatives. You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute in any way any material from this site including code and software. You may download material from this site for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices. Any permitted use of the ORDRS does not extend to using the AvPeace websites or Materials for any illegal purpose, or to transmit to or through the AvPeace websites or the ORDRS website or to or through any Service any illegal, harmful, threatening, defamatory, obscene, hateful, pornographic or other objectionable material of any kind, or to interfere with, abuse or otherwise violate the legal rights of any third party using the AvPeace websites or the ORDRS website or Materials.
AvPeace makes every effort to ensure the information presented in, on or through this ORDRS website is accurate, however, because AvPeace communicates information provided and created by advertisers, software developers, publishers, marketing agents, resellers and other third parties, AvPeace has no control over the accuracy of such information, and makes no guarantee as to such information, and is not responsible for the information, including its accuracy, legal tender, content, quality, copyright compliance or legality, or any resulting loss or damage. AvPeace makes no representations concerning any attempt to review the content of sites listed in any of the Materials and does not investigate, represent or endorse the accuracy, legality, legitimacy, validity or reliability of any deals, coupons or other promotions ("Promotions") or Materials contained on, distributed through, or linked, accessed or downloaded from any of the services contained on any AvPeace websites or this ORDRS website (the "Service"), nor the quality of any product or service, information or other materials displayed, purchased, or obtained by you as a result of an advertisement or any other information or offer in or in connection with the Service (the "Products"). Nor does AvPeace assume the responsibility of enforcing licensing requirements with respect to licensed professions or trades prior to publishing Materials. All of the data on Products and Promotions including but not limited to, the prices and the availability of any product or service or any feature thereof, is subject to change without notice by the party providing the Product or Promotion. AvPeace encourages you to exercise discretion while browsing the Internet using the AvPeace services and to read the fine print associated with any Promotions found on this ORDRS website or the AvPeace websites and throughout the Internet. AvPeace reserves the right, in its sole discretion and without any obligation, to make improvements to, or correct any error or omissions in, any portion of the Service or the Materials. AvPeace also does not make any representations regarding the availability and performance of its websites. You hereby acknowledge that any use of this ORDRS website or any of the AvPeace websites, reliance upon any Materials and any use of the Internet generally shall be at your sole risk and that AvPeace shall not be liable for any loss of data, lost profits or any other damages or losses resulting from such use. AvPeace intends to update information listed on this ORDRS website or the AvPeace websites where appropriate, but shall not be liable for any inaccuracies.
THE SERVICE AND THE MATERIALS ARE PROVIDED BY AVPEACE ON AN "AS IS" BASIS AND AS AVAILABLE, WITHOUT ANY WARRANTY OR REPRESENTATION OF ANY KIND, WHETHER EXPRESS OR IMPLIED. AVPEACE EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICE OR ANY MATERIALS AND PRODUCTS. IN NO EVENT SHALL AVPEACE BE LIABLE FOR ANY COMPENSATORY, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, OR ANY CLAIMS OF THIRD PARTIES WHATSOEVER WITH RESPECT TO THE SERVICE, THE MATERIALS, THE PROMOTIONS AND THE PRODUCTS REGARDLESS OF THE LEGAL THEORY ON WHICH THE CLAIM IS BASED, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES THAT RESULT FROM ANY MISTAKE, OMISSION, VIRUS, DELAY OR INTERRUPTION IN OPERATION OR SERVICE OR FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM AN ACT OF GOD, COMMUNICATIONS FAILURE, THEFT OR UNAUTHORIZED ACCESS TO AVPEACE RECORDS. AVPEACE SHALL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES WHATSOEVER RESULTING FROM ANY FAILURE OF THE INTERNET. Some states do not allow the exclusion or limitation of liability of consequential or incidental damages, so the above exclusions may not apply to all users; in such states liability is limited to the fullest extent permitted by law.
You agree to defend, indemnify and hold harmless AvPeace, its affiliates together with their respective employees, agents, directors, officers and shareholders, from and against all the liabilities, claims, damages and expenses (including reasonable attorney's fees and costs) arising out of your use of this ORDRS website or the AvPeace websites; your failure to use this ORDRS website or the AvPeace websites; your breach or alleged breach of this Agreement or your breach or alleged breach of the copyright, trademark, proprietary or other rights of third parties.
AvPeace reserves the right to immediately terminate your use of, or access to, this ORDRS website or any of the AvPeace websites at any time if AvPeace decides at its sole discretion that you have breached this Agreement or any relevant law, rule or regulation or you have engaged in conduct that AvPeace considers to be inappropriate or unacceptable.
If you believe that any material contained in this ORDRS website or any of the AvPeace websites infringes your copyright, you should notify AvPeace of your copyright infringement claim in accordance with the following procedure. AvPeace will process notices of alleged infringement which it receives and will take appropriate action as required by the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. The DMCA requires that notifications of claimed copyright infringement should be sent to our Designated Agent as listed below. To be effective, the notification must be in writing and contain the following information (DMCA, 17 U.S.C. 512(c)(3)):
Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material; Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
You agree that this Agreement will be governed by, and construed in accordance with, the laws of the State of Pennsylvania without giving effect to principles of conflict of laws. You agree to submit to the exclusive jurisdiction of the courts of the State of Pennsylvania and further agree that any cause of action arising under this Agreement shall be brought in a court in the City and County of Philadelphia, Pennsylvania for resolution of any dispute, action or proceeding arising in connection with this Agreement or your use or non-use of the Site, and you further irrevocably waive any right you may have to trial by jury in any such dispute, action or proceeding.