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TERMS OF USE

EFFECTIVE DATE: THIS TERMS OF USE AGREEMENT WAS LAST UPDATED ON APRIL 15TH 2015.

This Terms of Use Agreement sets forth the standards of use of the Avire Inc. Online Service. By using the http://www.januselevatoronlinestore.com/ website you (the “Individual”) agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at http://www.januselevatoronlinestore.com/. Your continued use of this Website after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.

  1. Disclaimer of Warranties.

    The site is provided by Avire Inc. on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, Avire Inc. makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. Avire Inc. shall have no liability for any interruptions in the use of this Website. Avire Inc. disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties; therefore the above-referenced exclusion is inapplicable.

  2. Limitation of Liability

    AVIRE INC. SHALL NOT be liable for any damages whatsoever, and in particular AVIRE Inc. shall not be liable for any special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or related to this web site or the information contained in it, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if Skills Unlimited, Inc. has been advised of the possibility of such damages. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.

  3. Indemnification

    Individual agrees to indemnify and hold Avire Inc., its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of Individual’s use of this Website, the violation of this Agreement, or infringement by Individual, or other user of this Website using Individual’s computer, of any intellectual property or any other right of any person or entity.

  4. Third-Party Sites

    Our website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that Avire Inc. is not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage all Individuals to review said privacy policies of third-parties’ sites.

  5. Governing Jurisdiction of the Courts New York

    Our website is operated and provided in the State of New York. As such, we are subject to the laws of the State New York, and such laws will govern this Terms of Use, without giving effect to any choice of law rules. We make no representation that our website or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State New York.

  6. Compliance with Laws.

    Individual assumes all knowledge of applicable law and is responsible for compliance with any such laws. Individual may not use this Website in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Individual further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.

  7. Copyright Information

    All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is ©2009 Avire Inc., with all rights reserved, or is the property of Avire Inc. and/or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Avire Inc., is strictly forbidden.

  8. Other Terms

    If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by Avire Inc., in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as an Individual. Individual agrees that by accepting this Terms of Use Agreement, Individual is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement.

Terms & Conditions of Sale 

GENERAL

a)       This contract contains the entire agreement between the parties and supersedes any prior or contemporaneous oral or written agreements or communications between them relating to the subject matter hereof.

b)        This contract shall not be assigned, modified, or cancelled without Avire Inc. (“Seller”) prior written consent, and any attempt to assign, modify or cancel it without such consent shall be absolutely void.

c)       Buyer understands and agrees that these terms and conditions shall apply to all orders placed at any time by buyer including any after the order with respect to which these terms and conditions were first delivered to Buyer.

CHANGES AND CANCELLATION:

Orders accepted by the Seller are not subject to changes or cancellation by the Buyer, except with the Seller’s written consent.  If the sale covers product that must be manufactured especially for Buyer and such change or cancellation is made, Buyer shall take all completed goods at full price and all goods in process at cost plus pro-rata profit and Buyer shall reimburse Seller for any loss on materials purchased or on contract for completion of the order.  This includes, but is not limited to, all blanket orders, even those without firm release dates scheduled.

TITLE, RISK OF LOSS, PRICES:

Terms of delivery are F.O.B. point of shipment (ICC INCOTERMS 1990).  Risk of loss and title shall pass to Buyer upon delivery of product to the carrier.  Unless specifically otherwise set forth, prices do not include the cost of freight or handling, or cost or charges for insurance or any production, sales, use, transfer, transportation, excise or other tax, tariffs, or custom duties, and Buyer shall pay directly or be charged by Seller for all such costs and/or charges in addition to the price(s)of the product supplied hereunder and Buyer shall be obligated to pay such charges and costs on the same terms as apply to payment of the price(s) hereunder.

DELIVERIES:

a)       Delivery of any installment of product within 30 days after the date specified therefore shall constitute a timely delivery.  Thereafter, delivery shall be deemed timely unless prior to shipment Seller has received written notice of cancellation.  Untimely delivery of one installment shall entitle Buyer to cancel that installment only.

b)       Seller is not responsible for delays in delivery or non-performance resulting from causes beyond Seller’s reasonable control.  Seller’s time for delivery shall be extended by the time required to eliminate such cause for delay.  IN NO EVENT SHALL SELLER BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF A DELAY OR FAILURE TO DELIVER, INCLUDING, BUT NOT LIMITED TO LOSS OF PROFIT OR REVENUES.

c)       Unless otherwise specifically expressed, partial shipments shall be deemed acceptable.

d)       All installation and related field labor costs shall be borne solely by Buyer.


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