FREE Web Membership Terms And Conditions CLICK HERE TO JOIN AVERT FREE! Effective: January, 2005 Last Modified: 2005/04/09 PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY USING THIS WEB SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL POLICIES AND GUIDELINES INCORPORATED BY REFERENCE. These terms and conditions ("Site Terms") apply exclusively to your access to, and use of, this Web Site ("Site") and do not alter in any way the terms and conditions of any other agreement you may have with the Association of Volunteer Emergency Response Teams, Inc. ("AVERT") for products, services or otherwise. AVERT reserves the right to amend at any time, any policies governing this Site, including these Site Terms and AVERT's Privacy Policy, by posting the amended terms on the Site, and indicating the date of the last revision date. The amended terms shall be effective immediately after they are initially posted on the Site. If you do not accept the amended terms, you must cease using the Site. If you have any questions regarding use of this Site, please direct them to the webmaster@avertdisasters.org or call 801-468-2779. 1. Privacy Policy AVERT strongly believes in protecting user privacy. Please refer to our Privacy Policy for information regarding how AVERT collects and uses information from users of the Site. 2. Limited License AVERT grants you a limited license to make personal use of this site. Such license is subject to the Site Terms and does not include: (a) any resale or commercial use of the Site or the content therein; (b) the collection and use of any product listings, pictures or descriptions; (c) making derivative uses of the Site or contents; (d) use of any data mining, robots or similar data gathering or extraction methods; (e) downloading (other than page caching) of any portion of the Site, or any information contained on the Site, except as expressly permitted on the Site; or (f) any use of the Site other than for its intended purpose. Except as noted above, you are not conveyed any right or license by implication, or otherwise, in any patent, trademark or proprietary right of AVERT or any third party. 3. Terms and Conditions of Sale All sales are final. Neither AVERT, nor any third party transaction facilitator (currently PayPal Payment Services), makes any warrant or guarantee of any product or service offered through the Site, except as provided in the "CERT Online Warehouse" - Order, Payment and Returns policy, Manufacturer's warranties (as applicable), or third party supplier or vendor terms and conditions of sale. Members are advised to check the policies of manufacturers and third party suppliers linked through this Site. By ordering products through the "CERT Online Warehouse" on this Site, you agree to be bound by, and accept, such terms and conditions. 4. Copyright Unless otherwise indicated, all AVERT Generated Web Site materials and content, including, without limitation, the AVERT Logo, all layouts and designs, text, graphics, and other files, are the proprietary copyrights of AVERT or its licensers. You may copy, make minor modifications, and print to hard copy, any portion of this Site for the purposes of: (1) informational, non- commercial, personal or family use; (2) training aids for course instructor's use; or (3) Community Preparedness Information Booths for non-profit organization's use. Any other use of the Site content - including commercial use, reproduction for purposes other than above, distribution, republication, display, or performance - without the prior written consent of AVERT, is strictly prohibited! AVERT defines "minor modifications" as: (1) spelling corrections before printing from word processing software or other programs; (2) insertion of local or community contact information; (3) insertion of other appropriate, locally specific, supplemental information. For all permitted uses listed above, AVERT's copyright in the base material must be appropriately cited. You may upload copyright protected materials to the Site provided the appropriate copyright notice is clearly displayed. 5. Trademarks AVERT, the AVERT Logo, any product or service name or slogan contained in the Site, are trademarks of AVERT and its suppliers or licensers, and may not be copied, imitated or used, in whole or in part, except as provided in section 4 above, without the prior written consent of AVERT, or the appropriate copyright holder. All other trademarks, registered trademarks, product or company names or logos contained in the Site are the property of the respective owners. You agree not to upload any trademarks or copyright protected materials without having written permission of the trademark or copyright owner. 6. Hyperlinks AVERT makes no claim or representation regarding, nor accepts responsibility for, the quality, content, nature or reliability of other sites accessible through hyperlink in the Site. AVERT is providing these links as a convenience to visitors, and inclusion of any link does not imply affiliation, endorsement, or adoption by AVERT of the site or any information contained therein. 7. Submissions You acknowledge and agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, provided by you in the form of e-mail or other submissions to AVERT, or postings on this Site, are non-confidential and shall become the sole property of AVERT, unless otherwise copyright protected. 8. Limitation of Liability IN NO EVENT SHALL AVERT, ITS OFFICERS, MANAGERS, MEMBERS OR EMPLOYEES BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR THE MATERIALS CONTAINED IN, OR ACCESSED THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY THE USER ON ANY INFORMATION OBTAINED FROM AVERT, OR THAT RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERROR, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO AVERT'S RECORDS, PROGRAMS, OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF AVERT ARISING OUT OF OR RELATING TO THE USE OF THIS SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO AVERT FOR ACCESS TO OR USE OF THIS SITE. 9. Termination Notwithstanding these Site Terms, AVERT reserves the right, without notice, and in its sole discretion, to terminate your license to use this Site, and to block or prevent future access to, and use of, this Site. 10. Severability If any provision of these Site Terms is deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Site Terms and shall not affect the validity and enforce ability of any remaining provisions. 11. Questions and Contact Information Questions or comments about AVERT's Site may be directed to the AVERT Web Master by clicking here to contact us.