- INTRODUCTION AND ACCEPTANCE
- INTELLECTUAL PROPERTY
- ACCESS AND USE
(A) We may offer certain portions of our Services at no charge (e.g., Websites) and others (e.g., mobile Applications) for a fee, on a subscription basis or under any other lawful pricing structure. In all instances, our Services are not being sold to you; rather, you are being granted a limited license to use our Services. In addition, the license to use of any of our paid Services does not necessarily transfer across operating systems and/or different equipment (e.g., mobile devices, computers, etc.). For example, unless we specifically tell you otherwise, the use of any of our mobile Applications is limited to the relevant device and/or operating system you are using at the time you use the Application. Access can be terminated at any time and for any reason as determined by Averus, customer/user has no right to retain data previously offered.
(i) remove, alter, cover, or distort any copyright, trademark, or other proprietary rights notice we include in or through our Services or Service content;
(ii) circumvent, disable or otherwise interfere with our security-related features including, without limitation, any features that prevent or restrict the use of or copying of any software or other Service Content;
(iii) use an automatic device (such as a bug, robot or spider) or manual process to copy or “scrape” the Website or Service content for any purpose without our express written permission. Notwithstanding the foregoing, Averus grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Averus reserves the right to revoke these exceptions either generally or in specific cases;
(iv) collect or harvest any personally identifiable information or non-personally identifiable information from our Services including, without limitation, user names, passwords, email addresses;
(v) solicit other users to join or become members of any commercial online service or other organization without our prior written approval;
(vi) attempt to or interfere with the proper working of our Services or impair, overburden, or disable the same;
(vii) decompile, reverse engineer, or disassemble any portion of our software or other Service content, or our Services;
(viii) use network-monitoring software to determine architecture of or extract usage data from our Services;
(ix) encourage conduct that violates any local, state or federal law, either civil or criminal, or impersonate another user, person, or entity
(x) violate U.S. export laws, including, without limitation, violations of the Export Administration Act and the Export Administration Regulations administered by the Department of Commerce;
(xi) engage in any conduct that restricts or inhibits any other user from using or enjoying our Services.
(E) You understand and agree that your use of the services and/or service content while operating a motor vehicle (or during any other activity that requires your attention) may be distracting, dangerous, or prohibited by law. You are solely responsible for your exercising good judgment, acting in a safe and responsible manner, and obeying all laws and regulations at all times. You understand that failing to pay full attention in the operation of a vehicle or in other activities may cause an accident, damage, injury, death, or other serious consequences. You assume sole responsibility for your use of the services and service content.
- USER REGISTRATION & PROMOTIONAL MESSAGES
(A) IN ORDER TO ACCESS OR USE SOME FEATURES OF OUR SERVICES, YOU MAY HAVE TO BECOME A REGISTERED USER. IF YOU ARE UNDER THE AGE OF EIGHTEEN (18), THEN YOU ARE NOT PERMITTED TO REGISTER AS A USER, SIGN UP FOR ANY PROMOTIONAL MESSAGES (SEE BELOW), OR OTHERWISE PROVIDE US ANY PERSONAL INFORMATION.
(B) If you become a registered user, you will provide true, accurate and complete registration information and, if such information changes, you will promptly update the relevant registration information. During registration, you will create a user name and password. You are solely responsible for safeguarding and maintaining the confidentiality of your membership. You are solely responsible for the activity that occurs under your membership, whether or not you have authorized the activity. You agree to contact us immediately, via firstname.lastname@example.org if you become aware of any breach of security or unauthorized use of your membership.
- USER CONTENT
(A) We may now or in the future permit users to post, upload, transmit through, or otherwise make available through our services (collectively, “submit”) messages, text, illustrations, data, files, images, graphics, photos, comments, sounds, music, videos, information, content, and/or other materials (“User Content”). Subject to the rights and license you grant herein, you retain all right, title and interest in your User Content. We do not guarantee any confidentiality with respect to User Content even if it is not published through our services. It is solely your responsibility to monitor and protect any intellectual property rights that you may have in your User Content, and we do not accept any responsibility for the same.
(B) You shall not submit any User Content protected by copyright, trademark, patent, trade secret, moral right, or other intellectual property or proprietary right without the express permission of the owner of the respective right. You are solely liable for any damage resulting from your failure to obtain such permission or from any other harm resulting from User Content that you submit.
(C) You represent, warrant, and covenant that you will not submit any User Content that:
(i) violates or infringes in any way upon the rights of others, including, but not limited to, any copyright, trademark, patent, trade secret, moral right, or other intellectual property or proprietary right of any person or entity;
(ii) impersonates another or is unlawful, threatening, abusive, libelous, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, pornographic, or otherwise objectionable, or otherwise violates any applicable law;
(iii) encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law;
(iv) is an advertisement for goods or services or a solicitation of funds;
(v) includes personal information such as messages which identify phone numbers, social security numbers, account numbers, addresses, or employer references;
(vi) contains a formula, instruction, or advice that could cause harm or injury;
Moreover, any conduct by a user that in our sole discretion restricts or inhibits any other user from using or enjoying our services will not be permitted.
(F) Notwithstanding the generality of the foregoing, we reserve the right to display advertisements in connection with your User Content and to use your User Content for advertising, marketing, promotional, and other commercial purposes. You acknowledge and agree that your User Content may be included on the websites and advertising networks of our distribution partners, marketing partners, accounts, and third-party service providers (including their downstream users).
(G) We have the right, but not the obligation, to monitor User Content. We have the right in our sole discretion and for any reason whatsoever to edit, refuse to post, remove, or disable access to any User Content.
- SERVICE CONTENT & THIRD PARTY LINKS
(A) We provide our services including, without limitation, service content for educational, entertainment and/or promotional purposes only. You may not rely on any information and opinions expressed through any of our services for any other purpose. In all instances, it is your responsibility to evaluate the accuracy, timeliness, completeness, or usefulness of any service content. Under no circumstances will we be liable for any loss or damage caused by your reliance on any service content.
(B) In many instances, service content will include content posted by a third-party or will represent the opinions and judgments of a third-party. We do not endorse, warrant and are not responsible for the accuracy, timeliness, completeness, or reliability of any opinion, advice, or statement offered through our services by anyone other than our authorized employees while acting in their official capacities.
(C) Our services may link or contain links to other websites maintained by third parties. We do not operate or control, in any respect, or necessarily endorse the content found on these third-party websites. You assume sole responsibility for your use of third-party links. We are not responsible for any content posted on third-party websites or liable to you for any loss or damage of any sort incurred as a result of your dealings with any third-party or their website.
- DISCLAIMER OF WARRANTIES
(A) YOU EXPRESSLY AGREE THAT USE OF OUR SERVICES IS AT YOUR SOLE RISK. OUR SERVICES AND SERVICE CONTENT (INCLUDING SOFTWARE) ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE AVERUS PARTIES DISCLAIM ANY AND ALL WARRANTIES INCLUDING ANY: (1) WARRANTIES THAT OUR SERVICES WILL MEET YOUR REQUIREMENTS; (2) WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, SECURITY, USEFULNESS, TIMELINESS, OR INFORMATIONAL CONTENT OF OUR SERVICES OR SERVICE CONTENT; (3) WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE; (4) WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED OR ACCESSED THROUGH OUR SERVICES; (5) WARRANTIES CONCERNING THE ACCURACY OR RELIABILITY OF THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SERVICES; (6) WARRANTIES THAT YOUR USE OF OUR SERVICES WILL BE SECURE OR UNINTERRUPTED; AND (7) WARRANTIES THAT ERRORS IN OUR SERVICES OR SERVICE CONTENT (INCLUDING SOFTWARE) WILL BE CORRECTED.
- LIMITATION ON LIABILITY
(C) In some jurisdictions limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to you. These limitations shall apply to the fullest extent permitted by law.
- CHOICE OF LAW; JURISDICTION AND VENUE
- DISPUTE RESOLUTION & MANDATORY ARBITRATION
(A) We each agree to first contact each other with any disputes and provide a written description of the problem, all relevant documents/information and the proposed resolution. You agree to contact us with disputes by contacting us at Averus, 3851 Clearview Court, Gurnee, IL 60031. We will contact you based on the contact information you have provided us.
(B) If after 60 days the parties are unable to resolve any dispute raised under the previous provision, the dispute may only be submitted to arbitration consistent with this Section. The parties understand that they would have had a right or opportunity to litigate disputes through a court and to have a judge or jury decide their case, but they choose to have any disputes resolved through arbitration.
(C) We each agree that any claim or dispute between us, and any claim by either of us against any agent, employee, successor, or assign of the other, including, to the full extent permitted by applicable law, third parties who are not signatories to this agreement, whether related to this agreement or otherwise, including past, present, and future claims and disputes, and including any dispute as to the validity or applicability of this arbitration clause, shall be resolved by binding arbitration.
(D) We are entering into this arbitration agreement in connection with a transaction involving interstate commerce. Accordingly, this arbitration agreement and any proceedings thereunder shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16. Any award by the arbitrator(s) may be entered as a judgment in any court having jurisdiction.
(E) Exception to Arbitrate. Either of us may bring qualifying claims in small claims court. Further, as set forth below, we each agree that any arbitration will be solely between you and Averus, not as part of a classwide claim (i.e., not brought on behalf of or together with another individual’s claim). If for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then our agreement to arbitrate doesn’t apply and the classwide dispute must be brought in court.
- NO CLASS ACTIONS
TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CLASSWIDE BASIS; THAT IS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY, OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.
- NO TRIAL BY JURY
TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.
- AMENDMENT; ADDITIONAL TERMS
(A) No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
INFORMATION AVERUS COLLECTS
We typically collect two kinds of information about you when you use our Services: (a) information that you provide that personally identifies you; and (b) information that does not personally identify you, but that we automatically collect or that you provide us.
Our definition of Personally Identifiable Information includes any information that may be used to specifically identify or contact you. The types of Personally Identifiable Information we may obtain include:
- Your name, address, telephone number, email or other electronic address and/or company name.
- Username and password for the account you may establish through our Services.
- Information you provide in a resume, cover letter or other employment-related materials.
You generally do not have to give us any Personally Identifiable Information in order to read the content portions of the Services. Whether or not you provide us Personally Identifiable Information is your choice; however, in many instances this type of information is required to participate in the particular activity, realize a benefit we may offer, or gain access to certain content or features available through our Services.
When you visit our Site, we may also collect certain Non-Personally Identifiable Information by automated means, such as cookies (as described in more detail below) or you may provide Non-Personally Identifiable Information to us. Our definition of non-personal information is any information that does not personally identify you. Please note that Non-Personally Identifiable Information can include certain Personally Identifiable Information that has been de-identified; that is, information that has been rendered anonymous. The Non-Personally Identifiable Information we may collect includes:
- Information about the devices our visitors use to access the Internet (such as the IP address and the device, browser and operating system type).
- Pages and URLs that refer visitors to our Services, also pages and URLs that visitors exit to once they leave our Site.
- Dates and times of visits to or use of our Services.
- Information on actions taken through our Services (such as page views and site navigation patterns).
- A general geographic location (such as country and city) from which a visitor accesses our Services.
- Search terms that visitors use to reach our Services.
Personally Identifiable Information are not intended for children. We do not knowingly collect Personally Identifiable Information from anyone under the age 18.
USE OF INFORMATION
Averus’ primary goal in collecting Personally Identifiable Information is to provide the products and services you request, to give you an enjoyable and customized experience while using our Services and interactive features, and to allow us to develop new services to better meet the needs of our users and customers.
We may use the Personally Identifiable Information we obtain about you to:
- Provide services requested by users, communicate with users regarding usage of our services, and enhance the operation and experience of our Services.
- Place, bill, and ship orders, send requested electronic communications to subscribers, send print catalogs, and manage online accounts.
- Provide administrative notices or communications applicable to your use of our Services.
- Respond to your enquiries, questions and comments and provide customer support.
- Process and respond to your application for current and future job opportunities.
- Send you promotional information to you that, in some cases, is targeted to your interests and solicit your feedback and input. These communications will contain links for preference management and, where appropriate, unsubscribe links should you decide you do not want to receive further marketing and promotional communications. Please note that if you unsubscribe from receiving marketing and promotional communications from us, you may continue to receive certain transactional messages, such as order confirmations and factual information about your account.
- Protect against and prevent fraud, unauthorized transactions, claims and other liabilities, and manage risk exposure, including by identifying potential hackers and other unauthorized users.
We use Non-Personally Identifiable Information in order to operate, maintain and manage our Services, to analyze trends and statistics regarding the use of our Services in order to help us understand activity and to monitor and improve our Services. We may use your Non-Personally Identifiable Information by itself or aggregate it with information we have obtained from other customers or other sources. We may, among other things, share your Non-Personally Identifiable Information with our affiliated companies, allow third parties to collect such information directly from you, and/or sell the information to third parties to achieve these and any other business objectives (e.g., generate revenue, form alliances, etc.). However, it is important to remember that your Non-Personally Identifiable Information (whether standing alone or combined with other Non-Personally Identifiable Information) is anonymous information that does not personally identify you.
COOKIES AND ANALYTICS
The cookies may be used to collect and process aggregate tracking information to determine which areas of our Site users like and do not like based on traffic to those areas. This helps us continue to build a better service for you and other Site users. The cookie will not be used to retrieve information from your computer that is unrelated to this Site or your interaction with it. A cookie cannot read data off your hard disk or read cookie files created by other websites. If you wish, you may instruct your internet browser to prevent cookies from being used or to notify you before a cookie is placed. You do not need to have cookies turned on to use this Site. However, if you have cookies turned on, it enables us to more accurately customize your shopping on this Site. If you decide not to accept cookies from our Site, you may not be able to take advantage of all of the features of our Site.
Do Not Track Features: Certain browsers may offer you the option of providing notice to websites that you do not wish for your online activities to be tracked for preference based advertising purposes (“DNT Notice”). Some browsers are, by default, set to provide a DNT Notice, whether or not that reflects your preference. Providing DNT Notice is often touted as a means to ensure that cookies, Web beacons and similar technology are not used for preference based advertising purposes – that is, to restrict the collection of non-personally identifiable information about your online activities for advertising purposes. Unfortunately, given how preference based advertising works, DNT Notices may not effectively accomplish this goal. For this and a variety of other reasons, with respect to our Website, we do not take any action based on browser based DNT Notices. Rather, if you do not wish to participate in preference based advertising activities, you should follow the simple opt-out process identified above.
SHARING OF INFORMATION
Averus does not sell or share our email lists or Personally Identifiable Information to third parties so that they can independently market you unless we obtain your consent to do so.
Service Providers: Averus may transfer (or otherwise make available) your Personal Information to our affiliates, subsidiaries and other third parties who provide services on our behalf. For example, we may use service providers to authorize and process payments, deliver products, send email or other communications, conduct surveys, distribute our products, provide billing and collection services, or host our Site and operate certain of its features. Your personal information may be maintained and processed by our affiliates, subsidiaries and other third party service providers in the US or other jurisdictions. Our service providers are given the information they need to perform their designated functions, and we do not authorize them to use or disclose personal information for their own marketing or other purposes. For additional information about the way in which our third-party service providers treat your personal information, contact us as set out below.
Legal/Compliance: Averus may disclose your Personal Information or other information if we believe in good faith that such disclosure is necessary: (a) to comply with applicable laws or in response to a subpoena, court order, government, or law enforcement request, or other valid legal process; (b) to produce relevant documents or information in connection with litigation, arbitration, mediation, adjudication, government or internal investigations, or other legal or administrative proceedings; (c) to protect the interests, rights, safety, or property of Averus or others; (d) to enforce the terms of any agreement with Averus; (e) to operate Averus’ systems properly; (f) or as otherwise required or permitted by applicable law. Further use and/or disclosure of your Personally Identifiable Information by third parties once it has been disclosed by Averus is not the responsibility of Averus. Rather, such use and/or disclosure is governed by such parties’ privacy policies.
Sale of Business: We may transfer any Personal Information or other information we have about you as an asset in connection with a merger or sale (including transfers made as part of insolvency or bankruptcy proceedings) involving all or part of Averus or as part of a corporate reorganization or stock sale or other change in corporate control.
Your California Privacy Rights: Residents of the State of California, under certain provisions of the California Civil Code, have the right to request from companies conducting business in California a list of all third parties to which the company has disclosed certain personally identifiable information as defined under California law during the preceding year for third party direct marketing purposes. You are limited to one request per calendar year. In your request, please attest to the fact that you are a California resident and provide a current California address for our response. You may request the information in writing as provided below.
ACCURACY AND SECURITY OF PERSONAL INFORMATION
To protect your Personal Information in our custody or control from theft, unauthorized access, use, modification and disclosure, and to maintain its accuracy and integrity, we have implemented reasonable technical, physical and administrative security measures. These measures include computer safeguards and secured files and buildings.
Although we have implemented reasonable safeguards, please note that no electronic transmission of information can be guaranteed to be entirely secure. You acknowledge and agree that we are not responsible for the theft, destruction, or inadvertent disclosure of your Personally Identifiable Information. In the unfortunate event that your “personally identifiable information” (as the term or similar terms are defined by any applicable law requiring notice upon a security breach) is compromised, we may notify you by e-mail (at our sole and absolute discretion) to the last e-mail address you have provided us in the most expedient time reasonable under the circumstances; provided, however, delays in notification may occur while we take necessary measures to determine the scope of the breach and restore reasonable integrity to the system as well as for the legitimate needs of law enforcement if notification would impede a criminal investigation.
ACCESSING YOUR PERSONAL INFORMATION
You may ask for access to your Personally Identifiable Information in our custody and control, ask for your Personally Identifiable Information to be updated or corrected, or ask us to remove your Personally Identifiable Information from our records (subject to our legal obligations to retain such information) by contacting us at email@example.com or at the contact information set out below. All requests must include the following information first name, last name, and email address. Averus will make reasonable efforts to accommodate your request, but reserves the right to impose restrictions and requirements on such access requests, if allowed or required by applicable law.
We ask for your email address for online purchases in order to communicate with you about your orders. We also may notify you via email of any specials, promotions, or discounts at Averus, as well as information on the latest trends in uniforms. If you do not want to receive any marketing or promotional emails, please contact us at firstname.lastname@example.org. You can also always remove yourself from any Averus marketing or promotional email list by clicking the unsubscribe link provided in each message. Please note that if you unsubscribe from receiving marketing and promotional communications from us, you may continue to receive certain transactional messages, such as order confirmations and factual information about your account.
We use Secure Sockets Layer (SSL) to encrypt your credit card number and payment information. To check if your connection is secure, look at the left-hand corner of your browser window. If you see an unbroken key or closed lock (depending on your browser), the SSL is active.
LINKS TO OTHER WEBSITES
Our Services may contain links to other sites for your convenience and information. These sites may be operated by companies not owned by Averus and may have their own privacy notices, which you should review if you visit those sites. We are not responsible for the content of any sites not owned by Averus, any use of those sites, or those sites’ privacy practices.
3851 Clearview Court
Gurnee, IL 60031