Terms and ConditionsJanuary 01 2020
Use and access to this website maintained by or on behalf of AeroVironment, Inc. (the ‘Site’) is subject to all the following terms and conditions (‘Terms and Conditions’) and all applicable laws. By using, accessing, browsing or viewing this Site, and/or any features of this Site, the user of the Site (‘User’ or ‘You’) accepts, without limitation or qualification, all of the Terms and Conditions set forth herein. AeroVironment, Inc. (‘AV’) reserves the right to modify these Terms and Conditions at any time without prior notice and as such recommends that the User reads the Terms and Conditions carefully and completely each time this Site is visited or used. If a User of this Site is unwilling or unable to be fully bound by these Terms and Conditions, the User should not access or use the Site.
Unless otherwise explicitly stated, all material including text, images, graphics, drawings, audio recordings, photos and videos (collectively ‘Material’) contained in or displayed on this Site is copyrighted and the Material and the copyrights thereto are either the property of, licensed by, or used with the permission of, AV and/or one or more of its affiliated or associated companies or other third party entities with which AV has a contractual business relationship (collectively ‘Associated Entity’). No Material on this Site may be reproduced, copied, published, modified, posted, reposted, performed or distributed in any way without the express written permission of either AV or, for Material not owned or licensed by AV, the particular Associated Entity owning or licensing such Material.
The User of this Site may use and browse this Site and the Materials owned by AV (‘AV Materials’) for his/her own personal information, education, understanding and knowledge, provided all such use is for non-commercial and personal purposes. No permission is given nor are any rights granted to the AV Materials for any commercial purposes. Unauthorized use, reproduction, copying, posting, reposting, publishing, modification, display, performance and/or distribution of the AV Materials is a violation of AV’s copyrights. The use of any Material owned by an Associated Entity (‘Associated Entity Material’) for commercial purposes is expressly prohibited and may be a violation of that entity’s copyright(s). Except for any limited permission as expressly stated and provided herein, nothing contained or stated herein, or within the Site shall be construed, interpreted or read as granting any right or license to anyone to, and/or under, any patent, trademark, copyright, publicity right or other intellectual property right of AV and/or any Associated Entity.
The User of this Site agrees not to remove, edit or otherwise alter any copyright or other proprietary rights notice contained in or on the Site.
In the event that any material contained on this Site is alleged to infringe a third-party copyright, notification of such allegation should be made directly to AV in accordance with the procedure set forth below. AV will process any notices of alleged infringement and take appropriate action as required by the Digital Millennium Copyright Act (DMCA), as well as by all applicable intellectual property laws. As set forth by the DMCA, any notice of alleged copyright infringement is to be sent to AV’s agent:
900 Innovators Way
Simi Valley, CA 93065
According to 17 U.S.C. § 512(c)(3), to be effective a notification of claimed infringement must be a written communication provided to the above agent that
includes substantially the following:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(ii) 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.
(iii) 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.
(iv) 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.
(v) 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.
(vi) 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.
To the extent that Site contains, shows or otherwise presents the trademarks, trade dress, trade names, logos, symbols and/or service marks (collectively ‘Trademarks’) of AV, an Associated Entity, and/or others, whether such Trademarks are registered or unregistered, nothing within this Site or these Terms and Conditions shall be construed, interpreted or read as granting any right or license to anyone under, or to, any such Trademarks. Unauthorized use of the Trademarks by the User of this Site or any third party is strictly prohibited. AV shall enforce all of its intellectual property rights, including but not limited to rights in its Trademarks, to the fullest extent permitted by law. AV shall, to the fullest extent available under the law, seek civil and criminal actions against anyone infringing, misusing, copying and/or misappropriating AV’s Trademarks.
AeroVironment, AV, the AV logo, Architectual Wind, Global Observer, GO, Raven, Switchblade, Puma, Wasp, DDL and IWitness, are all trademarks of AeroVironment, Inc . Any and all third party trademarks are the property of their respective owners.
The User of this Site agrees not to remove, edit or otherwise alter any trademark, service mark or other proprietary rights notice contained in or on the Site.
3. Site Use and Content
This Site is not intended for use by, anyone under the age of 13. The User of this site hereby represents and warrants that he or she is 18 years of age or older. If the User is not at least 13 years of age, the User must not access or use this Site.
AV, and/or any Associated Entity, separately or collectively, do not warrant or represent in any way that the use of the Site and/or the Materials will not infringe any rights of any third party, and do not warrant or represent in any way the accuracy or correctness of any information provided by, or contained on, the Site. AV, and/or any Associated Entity, separately or collectively, assumes no liability or responsibility for any errors or omissions in the content, or information presented, in the Site or the Materials. The User of this Site and the Materials assumes and fully accepts all liability and risk for the use and browsing of this Site and/or the Materials. Neither AV, and/or any Associated Entity, separately or collectively, is in any manner liable for any direct, incidental, consequential, indirect, or punitive damages arising out of the User’s use and/or browsing of this Site and/or the Materials.
THIS SITE IS PROVIDED TO THE USER “AS-IS” WITHOUT ANY WARRANTY OF ANY KIND FROM EITHER AV AND/OR ANY ASSOCIATED ENTITY, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF DESIGN, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
The Site may contain information or data that is generated by third parties (such as by Site Users) separately and independent from AV or any Associated Entity (such as product reviews or ratings) (collectively ‘Third Party Submitted Content’). While AV will make reasonable efforts to review and monitor the Third Party Submitted Content, however, the User agrees that AV and any Associated Entity are not in any manner responsible for any Third Party Submitted Content or for any injury, harm, liability, cause of action, including but not limited to libel, slander, defamation, fraud, and/or any other action based on or arising from any omission, error, misrepresentation, inaccuracy, misstatement, misdirection, obscenity, profanity, pornography, resulting from and/or related to any Third Party Submitted Content. AV and/or any Associated Entity make no endorsement, representation, guarantee and/or warranty as to the authenticity, accuracy, integrity, quality, completeness or correctness of any Third Party Submitted Content. The User of this Site uses all Third Party Submitted Content at his or her own risk.
All information and/or data, including but not limited to pricing, terms, conditions, schedules, descriptions, specifications, images, product and service information and the like, set forth on this Site are subject to change without prior notice. All sales, lease and service commitments for products and services by AV are subject to the written terms and conditions of the applicable sales, lease, service or other agreement.
This Site may contain information regarding products, services and/or promotions of AV, and/or its Associated Entities. All the specifications, descriptions and images related to such products, services and/or promotions are based on the relevant information available at the time of posting and may be subject to change without notice. Some products, services and/or promotions shown or described may include optional, limited availability, prototype, pre-production, custom, special order, under development, not commercially available or discontinued equipment or services, and production products, services and promotions may vary. AV and Associated Entities reserve the right to make changes at any time, without notice, to any and all information related to products, services, and/or promotions, and to the products, services, and/or promotions themselves, set forth on this Site. AV and Associated Entities reserve the right to introduce or discontinue at any time, without notice, any and all products, services, and/or promotions. Specifications, availability and delivery time of products, services and promotions may vary, including variations by geographic location and local requirements.
4. Off-Site and/or Linked Content
AV and/or any Associated Entity is/are not in any manner responsible for any content, material, images or information contained in, or set forth, displayed or otherwise presented on, any site, page, file, document, or the like that this Site links to (by hypertext links or other means), lists, references or directs the User to (collectively ‘Off-Site Content’). AV and/or any Associated Entity is/are not in any manner responsible for any injury, harm, liability, cause of action, including but not limited to libel, slander, defamation, fraud, and/or any other action based on or arising from any omission, error, misrepresentation, inaccuracy, misstatement, misdirection, obscenity, profanity, pornography, resulting from and/or related to any Off-Site Content, and/or from the use or viewing of any site, page, file, document, or the like containing Off-Site Content. AV and/or any Associated Entity make no endorsement, representation, guarantee and/or warranty as to the authenticity, accuracy, integrity, quality, completeness or correctness of the Off-Site Content. The User of this Site uses all Off-Site Content at his or her own risk.
5. User Actions and Provided Materials
The User is prohibited from, and agrees not to, submit, send, post, provide, transmit, upload to, and/or display, present, perform on, this Site any materials that are in any manner inappropriate, obscene, lewd, offensive, threatening, unlawful, libelous, slanderous, defamatory, fraudulent, obscene, inflammatory, pornographic and/or profane. The User is prohibited from, and agrees not to, engage in any activity related to the use of this Site that constitutes, may constitute, results in, may result in, supports, aides or in any way encourages or facilitates any criminal offense, unlawful action and/or any civil cause of action. The User agrees to fully indemnify, hold harmless and defend AV and every Associated Entity and their respective directors, officers, board members, shareholders, managers, employees, contractors, agents and the like from any and all causes of action arising from any of the User’s actions or inactions related to the User’s use of this Site. AV and each Associated Entity assumes no responsibility or liability that may arise from any unlawful content of the User’s submissions, postings, transmissions, uploads or the like, the entirety of any such liability rests solely and completely with the User.
While AV and its Associated Entities may solicit User responses to questions or requests set forth on this Site, as well as User comments or feedback on our products or services, please do not submit any ideas, concepts, know-how, inventions, methods, processes, techniques or unsolicited information or data. However, in the event that any submission is made, the User agrees that AV and/or any Associated Entity is/are free to use and fully disclose, in any manner and for any purpose whatsoever (including, but not limited to, advertisement, marketing, licensing, manufacturing, product and/or service development, and giving or selling to third parties), any and all ideas, concepts, know-how, inventions, information, data, methods, processes, descriptions, techniques, drawings, charts, images, video, audio, statements, testimonials, suggestions, communications, or the like, that the User submits, sends, posts, provides, transmits, uploads to, and/or displays, presents, performs on, this Site (collectively ‘User Provided Material’). The User agrees to grant to AV and any and all Associated Entities a paid-up, royalty-free, world-wide, non-exclusive, perpetual license, with sub-license rights, to any and all intellectual property rights of the User Provided Material. Any and all User Provided Material will be non-confidential and AV and/or its Associated Entities shall not be liable for any disclosure thereof. User warrants that it has all right, power, permission and/or authority to grant the herein license(s) to the User Provided Material. The User agrees to fully indemnify, hold harmless and defend AV and every Associated Entity and their respective directors, officers, board members, shareholders, managers, employees, contractors, agents and the like from any and all causes of action arising from AV’s or an Associated Entities’ use of the User Provided Material. AV and each Associated Entity assumes no responsibility or liability that may arise from use of the User Provided Material.
The User agrees to provide AV and any Associated Entity with legitimate, accurate, correct, factual and complete information and/or data in response to any questions or requests set forth on this Site. The User agrees to request information from AV or any Associated Entity only for legitimate purposes and shall not be done for any purposes that are in any way inappropriate or unlawful.
The User agrees not to: (1) use any site search/retrieval application (or other such devices) to retrieve or index any portion of this Site; (2) collect any information about other Users (including usernames and/or email addresses) for any purpose; (3) create fake or automated user accounts; (4) send unsolicited communications (i.e., “spam”); (5) transmit or upload any virus, worm, Trojan horse, software bomb or other item designed to damage or degrade the Site, or any computer or system operating or related to the Site; (6) violate the security of or gain unauthorized access to the Site or any computer or system operating or related to the Site; and/or (7) impose an unreasonable or disproportionately large processing load on the Site.
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