Last updated: 06/27/2018
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING OUR APP.
Welcome to AVA Actions, an AVA ASCENT LLC.(“AVAAscent”) mobile application(the“App”).By using the App, you signify your assent to these Terms and Conditions of Use(“Terms”).If you do not agree to all of these Terms, do not use the App.
AVA Actions may revise and update these Terms at any time. Your continued usage of the App will mean you accept those changes.
The App Does Not Provide Medical Advice
The contents of the App, such as text, graphics, images, videos, communications, information obtained from App licensors, and other material contained on the App(“Content”)are for informational and educational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the App.
If you think you may have a medical emergency, call your doctor or 911 immediately. AVA Ascent does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the App. Reliance on any information provided by AVA Ascent, AVA Ascent employees, others appearing on the App at the invitation of AVA Ascent, or other visitors to the App is solely at your own risk.
The App may contain health or medical related materials that are sexually explicit. If you find these materials offensive, you may not want to use the App.
Ability to Accept Terms
Due to the nature of the internet, we cannot prohibit minors from downloading the App. If you are a minor, your acceptance of these Terms must be through a parent or lawful guardian. We have the right to presume that you have lawfully represented your capacity to accept these Terms whether directly or through a parent or guardian.
We are committed to protecting the privacy of children. You should be aware that the App is not intended or designed to attract children under the age of 13. We do not collect personally identifiable information from any person we actually know is a child under the age of 13.
Use of Content
AVA Ascent authorizes you to view the material on the App solely for your personal, noncommercial use if you include the following copyright notice:“Copyright© 2018, AVA Ascent LLC. All rights reserved” and other copyright and proprietary rights notices that are contained in the Content. Any special rules for the use of certain software and other items accessible on the App may be included elsewhere within the App and are incorporated into these Terms by reference.
The Content is protected by copyright under both United States and foreign laws. Title to the Content remains with AVA Ascent or its licensors. Any use of the Content not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws. Content and features are subject to change or termination without notice in the editorial discretion of AVA Ascent. All rights not expressly granted herein are reserved to AVA Ascent and its licensors.
If you violate any of these Terms, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.
Liability of AVA Action and its Licensors
The use of the App and the Content is at your own risk.
When using the App, information will be transmitted over a medium that may be beyond the control and jurisdiction of AVA Ascent and its suppliers. Accordingly, AVA Ascent assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the App.
The App and the Content are provided on an“asis” basis. AVA ASCENT, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE, IN CONNECTION WITH THE APP AND YOUR USE THEREOF. Without limiting the foregoing, AVA Ascent, its licensors, and its suppliers make no representations or warranties about the following:
1. The accuracy, reliability, completeness, currentness, or timeliness of the Content or software provided by AVA Ascent on or through the use of the App; or
2. The satisfaction of any government regulations requiring disclosure of information on prescription drug products, medical procedures or medical devices or the approval or compliance of any software tools with regard to the Content contained on the App.
In no event shall AVA Ascent, its licensors, its suppliers, or any third parties mentioned on the App be liable for any damages(including,without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the App or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not AVA Ascent, its licensors, its suppliers, or any third parties mentioned on the App are advised of the possibility of such damages. AVA Ascent, its licensors, its suppliers, or any third parties mentioned on the App shall be liable only to the extent of actual damages incurred by you, not to exceed the amount paid by you for the services in question during the six(6)month period prior to when such claim arose. AVA Ascent, its licensors, its suppliers, or any third parties mentioned on the App are not liable for any personal injury, including death, caused by your use or misuse of the App, Content, or Public Areas(asdefined below). Any claims arising in connection with your use of the App, any Content, or the Public Areas must be brought within one(1)year of the date of the event giving rise to such action, otherwise, such claim will be permanently barred. Remedies under these Terms are exclusive and are limited to those expressly provided for in these Terms.
You agree that you will not upload or transmit any materials, communications or content of any type(including,without limitation, videos, blogs, social media, message boards and postings)(collectively,“UserContent”) that infringe or violate any rights of any party. By submitting User Content of any kind, you agree that you have the right to submit such User Content and that such User Content is non-confidential for all purposes. You agree that you will be solely responsible for all User Content that you submit to the App, including the consequences of posting or publishing such User Content.
You also agree that you will not send or transmit to AVA Ascent by email(includingthrough the email addresses listed on the“ContactUs” link) any User Content that infringes or violates any rights of any party. If you submit any business information, idea, concept or invention to AVA Ascent by email, you agree such submission is non-confidential for all purposes.
If you submit any User Content that includes any business information, idea, concept or invention to AVA Ascent by email, you automatically grant or warrant that the owner of such User Content has expressly granted AVA Ascent a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the User Content in any media or medium, or any form, format, or forum now known or hereafter developed. AVA Ascent may sublicense its rights through multiple tiers of sublicenses. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, do not submit them to the App or to AVA Ascent by email. We try to answer every email in a timely manner, but are not always able to do so.
AVA Ascent does not endorse any User Content or any opinion, recommendation, or advice expressed therein, and AVA Ascent expressly disclaims any and all liability in connection with such User Content. AVA Ascent reserves the right to review all User Content prior to posting it on the App and to remove any User Content for any reason, at any time, without prior notice, at our sole discretion.
To protect your privacy, you agree that you will not submit any User Content that contains Personally Identifiable Information(likename, phone number, email address or web site URL) of you or of anyone else. Uploading media such as images or video of other people without their permission is strictly prohibited.
AVA Ascent has several tools that allow you to record and store information. You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your AVA Ascent passwords or accounts. It is your sole responsibility to(1)control the dissemination and use of activation codes and passwords;(2)authorize, monitor, and control access to and use of your AVA Ascent account and password; and(3)promptly inform AVA Ascent of any need to deactivate a password. You grant AVA Ascent and all other persons or entities involved in the operation of the App the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the App. AVA Ascent cannot and does not assume any responsibility or liability for any information you submit, or your or third parties’ use or misuse of information transmitted or received using AVA Ascent tools and services.
If AVA Ascent offers paid services, and you choose to purchase a paid service from AVA Ascent(the“PaidServices”), the following additional terms and conditions will apply depending on which service you choose. If you are a minor, you must purchase the Paid Services through a parent or lawful guardian. We have the right to presume that you have lawfully represented your capacity to subscribe to a Paid Service whether directly or through a parent or guardian.
INFORMATION YOU SUBMIT: You are using the Paid Services at your own risk and you, along with your healthcare provider, are personally responsible for verifying its suitability for your needs.
CHARGES AND BILLING: The Paid Services may be available for purchase(a)on a subscription basis under which you will have access to the Paid Services for the term of the applicable subscription purchased(“SubscriptionServices”), or(b)on a perpetual basis under which you will have access to the Paid Services perpetually(i.e.permanently)(“PerpetualServices”). You are responsible for providing a valid credit card number at the time you register for a Paid Service. You represent and warrant that you are an authorized user of such credit card, and you agree to pay all charges resulting from your Paid Service account at the prices then in effect, including any unauthorized charges incurred prior to your notifying AVA Ascent of such charges. You agree that AVA Ascent may pass your credit card information and related personally identifiable information to its designated service provider(s) for their use in charging you for appropriate services utilized through your account. All Paid Service charges are exclusive of sales or other taxes and you are responsible for payment of any applicable state, local and city taxes. AVA Ascent reserves the right to modify or terminate membership plans, change prices, or institute new charges for any Subscription Service at any time with at least thirty(30)days’ notice.
MEMBERSHIP TERM AND PRICING: With the exception of trial memberships and special offers, the membership term for a Subscription Service is determined by the level of membership you choose. Unless specified otherwise, your membership to a Subscription Service is automatically renewed following your initial membership period on a monthly basis. You are responsible for all associated monthly renewal fees until notice of cancellation is received by AVA Ascent for the applicable Subscription Service.
CANCELLATION: If you cancel your Perpetual Service at any time, you will not receive a refund. If you cancel your Subscription Service during your initial membership period, you will not receive a refund for that period. After the initial membership period for a Subscription Service, you are financially responsible for the monthly membership fee until you notify AVA Ascent that you are canceling your membership. You may cancel your membership for Subscription Services at any time after the initial membership period, and if you are charged for a Subscription Service after your cancellation for such Subscription Service occurs, you will receive a full refund of such amounts. Cancellations for Subscription Services become effective the month following the month in which they occur. A membership month begins on the calendar date(e.g.,May 15th) when a member subscribes to the Subscription Service and concludes on the day before that calendar date(e.g.,June 14th) the following month.
You may cancel your membership to a Subscription Service as follows:
– By email: send an email to contact@AVA Ascent.com from the email account you submitted when registering for the Subscription Service and indicate within the body of the message your intent to cancel. Be sure to include your first and last name and user name.
– By U.S. mail: send a brief letter, including your first and last name, user name and email address, and mail it to: AVA Ascent Customer Service, Attn: Subscription Services, 8839 Knox Ave, Skokie, IL 60076.
CONTACT US: Questions or comments regarding Paid Services, including any reports of non-functioning links, should be directed by electronic mail to contact@AVAAscent.com or via U.S. mail to AVA Ascent Customer Service, Attn: Paid Services, 8839 Knox Ave, Skokie, IL 60076. We try to answer every email in a timely manner but are not always able to do so.
If you use publicly available areas of the App(“PublicAreas”), such as a message board, Facebook Group, blog, social media, community posting or other member communities, you are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any communications found in the Public Areas. AVA Ascent and its licensors are not responsible for the consequences of any communications in the Public Areas. In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately. If you think you may have a medical emergency, call your doctor or 911 immediately.
In consideration of being allowed to use the Public Areas, you agree that the following actions shall constitute a material breach of these Terms:
1. Using a Public Area for any purpose in violation of local, state, national, or international laws;
2. Posting material that infringes on the intellectual property rights of others or on the privacy or publicity rights of others;
3. Posting material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by AVA Ascent in its sole discretion;
4. Posting advertisements or solicitations of business;
5. After receiving a warning, continuing to disrupt the normal flow of dialogue, or posting comments that are not related to the topic being discussed(unlessit is clear the discussion is free-form);
6. Posting chain letters or pyramid schemes;
7. Impersonating another person;
8. Distributing viruses or other harmful computer code;
9. Harvesting or otherwise collecting information about others, including email addresses, without their consent;
10. Allowing any other person or entity to use your identification for posting or viewing comments;
11. Posting the same note more than once or“spamming”;or
12. Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Public Area or the App, or which, in the judgment of AVA Ascent, exposes AVA Ascent or any of its customers or suppliers to any liability or detriment of any type.
AVA Ascent reserves the right(butis not obligated) to do any or all of the following:
1. Record the dialogue in public chat rooms, Facebbok Groups or other social media.
2. Investigate an allegation that a communication(s) do(es) not conform to the terms of this section and determine in its sole discretion to remove or request the removal of the communication(s).
3. Remove communications which are abusive, illegal, or disruptive, or that otherwise fail to conform with these Terms.
4. Terminate a user’s access to any or all Public Areas and/or the App upon any breach of these Terms.
5. Monitor, edit, or disclose any communication in the Public Areas.
6. Edit or delete any communication(s) posted on the App, regardless of whether such communication(s) violate these standards.
Neither AVA Ascent nor its licensors have any liability or responsibility to users of the App or any other person or entity for performance or nonperformance of the aforementioned activities.
Advertisements, Searches, and Links to Other Apps
AVA Ascent may provide links to third-party web Apps. AVA Ascent also may select certain sites as priority responses to search terms you enter and AVA Ascent may agree to allow advertisers to respond to certain search terms with advertisements or sponsored content. AVA Ascent does not recommend and does not endorse the content on any third-party websites. AVA Ascent is not responsible for the content of linked third-party sites, sites framed within the App, third-party sites provided as search results, or third-party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites. AVA Ascent does not recommend or endorse any product, service, test, physician, procedure, opinion or treatment mentioned on the App.
You agree to defend, indemnify, and hold AVA Ascent, its managers, members, officers, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms or your use of the App.
AVA Ascent is based in Skokie, Illinois, in the United States of America. AVA Ascent makes no claims that AVA Ascent, the App or the Content are appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access the App from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
The following provisions survive the expiration or termination of these Terms for any reason whatsoever: Liability, User Submissions, User Submissions including image, video, audio files, Indemnity, Jurisdiction, and Complete Agreement.
You expressly agree that exclusive jurisdiction for any dispute with AVA Ascent, or in any way relating to your use of the App, resides in the courts of the State of Illinois and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Illinois in connection with any such dispute including any claim involving AVA Ascent or its affiliates, subsidiaries, employees, contractors, officers, managers, members, telecommunication providers, and content providers.
These Terms are governed by the internal substantive laws of the State of Illinois, without respect to its conflict of laws principles. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
Notice and Takedown Procedures; and Copyright Agent
If you are a copyright owner or an agent thereof and believe any materials accessible on or from the App infringe your copyright, pursuant to the Digital Millennium Copyright Act(“DMCA”)you may request removal of those materials(oraccess thereto) from the App by contacting the AVA Ascent copyright agent(identifiedbelow) and providing the following information in writing(see17 U.S.C 512(c)(3) for further detail):
1. Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location(e.g.,URL) of an authorized version of the work.
2. Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
3. Your name, address, telephone number and(ifavailable) email address.
4. A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
5. A statement that the information that you have supplied is accurate, and indicating that“underpenalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.
6. A signature or the electronic equivalent from the copyright holder or authorized representative.
The AVA Ascent agent for copyright issues relating to the App is as follows:
AVA Ascent LLC
8839 Knox Ave,
Skokie, IL 60076
If you believe that any User Content that you submitted to the App and was removed(orto which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use such User Content, you may send a counter-notice containing the following information to the AVA Ascent agent for copyright issues:
1. Your physical or electronic signature;
2. Identification of the User Content that has been removed or to which access has been disabled and the location at which the User Content appeared before it was removed or disabled;
3. A statement that you have a good faith belief that the User Content was removed or disabled as a result of mistake or misidentification; and
4. Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the appropriate federal court in Illinois, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the AVA Ascent agent for copyright issues, we may send a copy of the counter-notice to the original complaining party informing that person that we may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at the sole discretion of AVA Ascent.
In an effort to protect the rights of copyright owners, AVA Ascent maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of the App who are repeat infringers.
Thank you for your cooperation! Now go forth and get AVA Ascent!
Questions or comments regarding the App, including any reports of non-functioning links, should be submitted using our Contact Us Form or via U.S. mail to:
AVA Ascent, Inc.
8839 Knox Ave,
Skokie, IL 60076