Avatar CONNECT

These Terms: These terms of use ("Terms") explain the conditions upon which an individual user (“you”) may access and use the 'Avatar CONNECT' application ("CONNECT"), including any services, websites, SMS, APIs, email notifications, applications, ads, and audio and visual service made available to you in connection with it on mobile computing devices (“Devices”). You may access and use CONNECT only in accordance with these Terms. If you do not agree these Terms, please uninstall the application.

Access to CONNECT: You may not access or use CONNECT for the purpose of any trade, business, craft, or profession unless: (i) you have first been authorized as a "Registered User" or "Guest" of a business customer (a "Customer") that has purchased CONNECT from a relevant entity ("Avatar Partners Inc", "we", or "us"), and are using the username and other identifiers for access ("Credentials") provided to you for that purpose; or (ii) you are using CONNECT when granted a trial/evaluation basis. If you are using CONNECT as a Registered User of Guest of a Customer, these Terms apply to you and your use as an individual on that Customer's behalf; however, the separate contract between Avatar Partners Inc and the Customer shall apply as between Avatar Partners Inc and the Customer.

We may revise these Terms from time to time and will tell you if we do. We will try and tell you a reasonable amount of time in advance of any modification that we think will materially disadvantage users generally. This may not always be possible, for example if we have to make changes to meet security, safety, legal, or regulatory requirements.

You may stop using CONNECT and uninstall the application at any time

THE SECTIONS BELOW ENTITLED “BINDING ARBITRATION” AND “CLASS ACTION WAIVER” CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS.

Using CONNECT: To access CONNECT you will be asked to provide true and complete registration details. If we believe the details are not correct, current, or complete, we have the right to prevent you from accessing CONNECT, or any of its resources, and to terminate or suspend your account. You are responsible for all activities that occur using your Credentials. You must keep them secret and may not share them with any person. You agree to notify Avatar Partners Inc immediately if you suspect unauthorized use of your Credentials. Avatar Partners Inc. will not be liable for any loss that you may incur as a result of someone else using your Credentials, either with or without your knowledge. You may be held liable for any losses incurred by us or another person due to someone else using your Credentials.

• You may not access or use CONNECT in any way which is unlawful or contrary to commonly acceptable standards of good behavior online, and in particular you may not: (i) interfere with the lawful and authorized use of CONNECT or any other system by any person, or interfere with any person's lawful business or activities; (ii) engage in bullying, harassment, or abusive behavior, or misrepresent your identity or intentions, or engage in any fraudulent behavior; (iii) conduct unsolicited advertising or marketing or other activities that violate anti-spam laws, including the Telephone Consumer Protection Act and the Do-Not-Call Implementation Act (or any similar or analogous anti-spam, data protection, or privacy legislation in any other jurisdiction, or make unwanted communications; (iv) collect or harvest information about other people; (v) upload or share any material containing malicious code such as viruses, Trojan horses, or worms, or launch or facilitate any cyber threat to any system, or attempt to access CONNECT through unauthorized third party applications, (vi) upload or share any material which someone may find offensive (including any libelous or defamatory, discriminatory, explicit, pornographic, or violent material); (vii) upload or share any material which infringes any persons rights (including intellectual property and privacy rights); (viii) infringe any guideline or code of practice to which you submit or are subject; (ix) attempt to bypass any security mechanism; (x) use CONNECT to receive, send or otherwise process Protected Health Information as defined by the Health Insurance Portability and Accountability Act of 1996 as amended; or otherwise (xi) use CONNECT in any way which may subject AVATAR PARTNERS INC to liability. You may not use CONNECT unless you are at least 13 years old.

Your data: Please read our Privacy Policy located at https://www.Avatar Partners Inc.com/documents/policies/privacy for more information on how we collect and use data collected from you and your Device related to your use and the performance of CONNECT. AVATAR PARTNERS INC uses this data to ensure that the Applications operate effectively and provide you with the best experiences and to better understand your needs. You understand that through your use of CONNECT you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States, Ireland, and/or other countries for storage, processing, and use by AVATAR PARTNERS INC and its affiliates.

Content: CONNECT may enable you to share information, text, links, graphics, photos, images, music, videos and other content or information ("Content"), as well as access and receive Content shared by certain other users. You consent to our monitoring Content you share, but acknowledge that we are not obliged to monitor Content shared by anyone and that we do not take responsibility for such Content. We do not endorse, support, represent, or guarantee the completeness, truthfulness, accuracy, or reliability of any Content communicated via CONNECT, or endorse any opinions expressed via CONNECT. You must use your own judgement in using or relying on any Content obtained through CONNECT, and any such use or reliance is at your own risk.

In the event that CONNECT enables you to upload Content, you: (i) grant to AVATAR PARTNERS INC and its affiliates an unrestricted, royalty-free, irrevocable license to use, host, transmit, process, store, display, reproduce, publish, and distribute such Content in connection with your use of CONNECT (including operating, developing, providing, and improving the service, and developing new ones) and as otherwise required by law, regulation, or order; (ii) represent and warrant that you have all rights necessary to grant the foregoing license; and (iii) indemnify AVATAR PARTNERS INC and its affiliates without limitation from and against all loss, damage, or expense suffered or incurred in connection with any claim alleging that the Content you uploaded infringes any third party rights of any kind.

Upon providing Content to another person using CONNECT, you grant to that person an unrestricted, royalty-free, irrevocable license to use that Content.

Our technology and materials: CONNECT and materials incorporated into it are protected by copyrights, patents, trade secrets, or other proprietary rights. Some of the characters, logos, or other images incorporated in CONNECT are also protected as registered or unregistered trademarks, trade names, and/or service marks owned by AVATAR PARTNERS INC or others. AVATAR PARTNERS INC or its licensors own the title, copyright, and other intellectual property rights in CONNECT and, in using it, you do not acquire any ownership rights.

CONNECT may contain third party software components or open source software for which additional terms apply. The current additional terms are detailed in the available at http://CONNECT.avatarpartners.com/notices in the 'About' section of the application.

Any software that we provide you may automatically download and install upgrades, updates, or other new features. You may be able to adjust these automatic downloads through your device settings. You may not copy, modify, distribute, sell, or lease any part of CONNECT, nor may you reverse engineer or attempt to extract the source code of it, except to the extent laws prohibit these restrictions.

Suspension: If we believe there is a violation of these Terms, we will ask Customer to take what we determine to be appropriate action to remedy the violation. We may directly take what we determine as appropriate action (including disabling your account) if Customer does not take appropriate action or we believe there is a credible risk of harm to us or CONNECT, or any third parties, we may step in. We may stop (permanently or temporarily) providing CONNECT or any features of it to you or to users generally. We also retain the right to create limits on use and storage at our sole discretion at any time. We may also remove or refuse to distribute any Content, suspend or terminate users, and reclaim usernames without liability to you. We may suspend your use of CONNECT at any time in our sole discretion. If we suspend your access, you must not create another account without our written permission.

Local Regulations: We make no representation that CONNECT is available for use or permitted by law in any particular location. To the extent you choose to access CONNECT, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. You specifically agree to comply with all applicable laws concerning the transmission of technical data exported from the United States or the country you reside in.

CONNECT is intended for use by businesses and organizations and not for consumer purposes. To the maximum extent permitted by law, you hereby acknowledge and agree that consumer laws do not apply. If however any consumer laws (e.g., in Australia, the Competition and Consumer Act 2010) do apply and cannot otherwise be lawfully excluded, nothing in these Terms will restrict, exclude or modify any statutory warranties, guarantees, rights or remedies you have, and our liability is limited (at our option) to the replacement, repair or resupply of CONNECT or the pro-rata refund to Customer of pre-paid fees for the remainder of the term under agreement with a Customer.

Export: Our materials and services are subject to United States (U.S.) export control laws and regulations. You warrant and represent that: (i) you are eligible to receive and use U.S. exports; (ii) you are not listed on either the U.S. Department of Commerce’s Entity List or Denied Persons List or the U.S. Department of Treasury’s List of Specially Designated Nationals; (iii) you are not resident in or a national of Cuba, Iran, North Korea, Sudan, or Syria; (iv) you will not use or divert for use, directly or indirectly, any material, services, or technical data relating thereto: (a) in any nuclear related activity (civilian or military), (b) in the design, development, production, stockpiling or use of missiles, and/or (c) in the design, development, production, stockpiling or use of biological or chemical weapons; AND (v) you will not re-export or divert any material, services, or technical data relating thereto to any third party or region and you agree to not distribute, any software, technical data or any products derived from software or technical data provided hereunder in contravention of U.S. law or regulation. This clause does not apply to mere travel activities with the services installed on a personal mobile device. You hereby acknowledge and further agree that: (i) a violation of any of the above representations constitutes a violation of your license to use CONNECT and therefore will be cause for the immediate termination of your license to use CONNECT and (ii) AVATAR PARTNERS INC may terminate your license to use CONNECT in its entirety, effective immediately and without advance notice, if AVATAR PARTNERS INC or an agency of the U.S. Government determines that a U.S. export license or other U.S. governmental approval is required for you to obtain or use (or continue to use) the materials and/or services.

Arbitration: READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM AVATAR PARTNERS INC. For any dispute with AVATAR PARTNERS INC, you agree to first contact AVATAR PARTNERS INC and attempt to resolve the dispute with us informally. In the unlikely event that AVATAR PARTNERS INC has not been able to resolve a dispute it has with you after sixty (60) days, we each agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief as provided below) arising out of or in connection with or relating to these Terms, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration. The arbitration will be conducted in Orange County, California, unless you and AVATAR PARTNERS INC agree otherwise. If you are using CONNECT for commercial purposes, each party will be responsible for paying filings, administrative and arbitrator fees, and the award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses. If you are an individual using CONNECT for non-commercial purposes: (i) the award rendered by the arbitrator may include your costs of arbitration, your reasonable attorney’s fees, and your reasonable costs for expert and other witnesses; and (ii) you may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this does not absolve you of your commitment to engage in the informal dispute resolution process. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in these Terms shall be deemed as preventing AVATAR PARTNERS INC from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, intellectual property rights, or other proprietary rights.

Class Action/Jury Trial Waiver: WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED CONNECT FOR PERSONAL, COMMERCIAL, OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ACCEPTING THESE TERMS YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.

Severance: In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect. AVATAR PARTNERS INC’s failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

Governing law and jurisdiction: The governing law and jurisdiction of Orange County, California, USA, excluding any choice of law provisions, will govern these Terms and any dispute that arises between you and AVATAR PARTNERS INC. Compulsory statutory laws of your country of residence remain applicable. We are neither willing nor obligated to participate in a dispute settlement before a consumer arbitration body.

Feedback: AVATAR PARTNERS INC will consider anything you provide to AVATAR PARTNERS INC, including feedback, ideas, or suggestions and/or contributions to services as available for our use free of any obligations to you (including any payment). Under no circumstances will we pay you for the use of your ideas or submissions.

If you have any questions about these Terms, please contact us