Terms of Service
1. Your Acceptance
2. Avante Service
These Terms of Service apply to all users of the AvanteSite and/or Service. Information provided by our users through the AvanteSiteand/or the Servicemay contain links to third party websites that are not owned or controlled by Avante. Avante has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Avante will not and cannot censor or edit the content of any third-party site. By using the Site and/or the Service, you expressly acknowledge and agree that Avante shall not be responsible for any damages, claims or other liability arising from or related to your use of any third-party website or services.
3. Avante Access
C. You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc. or “load testers” such as wget, apache bench, mswebstress, httpload, blitz, XcodeAutomator, Android Monkey, etc., that accesses the Site and/or the Servicein a manner that sends more request messages to the Avante servers in a given period of time than a human can reasonably produce in the same period by using anAvanteService or Site, and you are forbidden from ripping the content unless specifically allowed. Notwithstanding the foregoing, Avante grants the operators of public search engines permission to use spiders to copy materials from the website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Avante reserves the right to revoke these exceptions either generally or in specific cases. While we don’t disallow the use of sniffers such as Ethereal, tcpdump or HTTPWatch in general, we do disallow any efforts to reverse-engineer our system, our protocols, or explore outside the boundaries of the normal requests made by Avante clients. We have to disallow using request modification tools such as fiddler or whisker, or the like or any other such tools activities that are meant to explore or harm, penetrate or test the Site and/or the Service. You must secure our permission before you measure, test, health check or otherwise monitor any network equipment, servers or assets hosted on our domain. You agree not to collect or harvest any personal identification information, including phone number, from the Service, nor to use the communication systems provided by the Service for any commercial solicitation or spam purposes. You agree not to spam, or solicit for commercial purposes, any users of the Service.
4. Intellectual Property Rights
The design of the Avante Service along with Avante created text, scripts, graphics, interactive features and the like, except User Submissions (as defined below), and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to Avante, subject to copyright and other intellectual property rights under Canada and foreign laws and international conventions. The Service or the Site is provided to you AS IS for your information and personal use only. Avante reserves all rights not expressly granted in and to the Service or the Site. You agree to not engage in the use, copying, or distribution of any of the Service or the Site other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Service for any commercial purposes.
5. User Submissions
A. Components of theAvante Service allow Avante users to receive alarms and submit and send text, photos, voice clip(s), location data and other communications submitted by you (collectively, the “User Submissions”). These User Submissions may be hosted, shared, and/or published as part of the Avante Service, and should be available to the contact(s) that you choose to submit theaforementioned information. For clarity, alarms will be sent directly to you and/or your preferred contact(s) and text messages will be sent directly to your contact(s) of your choice. Text message, photos, voice clip(s) and location data will only be viewable by those contact(s) you directly send such information.
B. You shall be solely responsible for your own User Submissions and the consequences of sending them. Because Avante is only acting as a repository of data, user submitted information do not necessarily represent the views or opinions of Avante, and Avante makes no guarantees as to the validity, accuracy or legal status of any information. In connection with User Submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize Avante to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Service and these Terms of Service; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Service and these Terms of Service. To be clear: you retain all of your ownership rights in your User Submissions, but you have to have the rights in the first place. However, by submitting the User Submissions to Avante, you hereby grant Avante a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Avante Service and Avante’s(and its successor’s) business, including without limitation for promoting and redistributing part or all of the Avante Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each subscriber to your information on the Avante Service a non-exclusive license to access your User Submissions through the Service. The foregoing license granted by you terminates once you remove or delete a User Submission from the Avante Service.
C. In connection with User Submissions, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Avante all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage Avante or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business; (v) impersonate another person; (vi) interfere with or disrupt the integrity or performance of the Service or the data contained therein; or (vii) attempt to gain unauthorized access to the Service or the Site or its related systems or networks.
D. Adult content must be identified as such. Avante does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Avante expressly disclaims any and all liability in connection with User Submissions. Avante does not permit copyright infringing activities and infringement of intellectual property rights via its Service, and Avante will remove all content and User Submissions if properly notified that such content or User Submission infringes on another’s intellectual property rights. Avante reserves the right to remove content and User Submissions without prior notice. Avante may also terminate a user’s access to the Service, if they are determined to be a repeat infringer, or for any or no reason, including being annoying. A repeat infringer is a User who has been notified of infringing activity more than once and/or has had a User Submission removed from the Service more than twice. An annoying person is anyone who is (capriciously or not) determined to be annoying by authorized Avante employees, agents, subagents, superagents or superheros. Avante also reserves the right to decide whether content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to excessive length or limited interest. Avante may remove such User Submissions and/or terminate a User’s access for sending such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
E. You understand that when using the Avante Service and/or Site that Avante is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to User Submissions, and that such User Submissions are not the responsibility of Avante. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Avante with respect thereto, and agree to indemnify and hold Avante or its parent company Avante Logixx Inc., its officers, directors, employees, agents, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Avante Service.
F. Avante permits you to link to materials on the Service for personal purposes only. Avante reserves the right to discontinue any aspect of the Avante Service at any time.
6. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE AVANTE SERVICE AND/OR SITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, AVANTE OR ITS PARENT COMPANY AVANTE LOGIXX INC., ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF. AVANTE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SERVICE’S CONTENT AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE AND/OR SITE THROUGH THE ACTIONS OF ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONSIN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE AVANTE SERVICE. AVANTE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE AVANTE SERVICE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY USER SUBMISSION OR OTHER ADVERTISING, AND AVANTE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
7. Limitation of Liability
The Service and the Site is controlled and offered by Avante from its facilities in Canada. Those who access or use the Avante Service and/or Site from other jurisdictions do so at their own volition and are responsible for compliance with local law.
You agree to defend, indemnify and hold harmless Avante, its parent corporationAvante Logixx Inc., officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Avante Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Avante Service and/or the Site.
9. Ability to Accept Terms of Service
You affirm that you are either of age of consent, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Avante without restriction.
The Information Avante Collects
Avante may obtain the following types of information from or concerning you or your mobile phone device, which may include information that can be used to identify you as specified below (“Personal identification information”):
Personal identification information: You provide certain personal identification information, such as your mobile phone number, billing information (if applicable) and mobile device information (if applicable) to Avante when choosing to participate in various uses of the Avante Service, such as registering as a user.
How we use collected information
Avante Security Inc. may collect and use Users personal information for the following purposes:
- – To improve customer service
Information you provide helps us respond to your customer service requests and support needs more efficiently.
- – To improve our Site or Service
We may use feedback you provide to improve our products and services.
- – To send periodic emails
We may use the email address to respond to their inquiries, questions, and/or other requests.
The Information Avante Does Not Collect
Avante does not collect names, emails, addresses or other contact information from its mobile app and website, users’ mobile address book or contact lists. We do not collect location data, but users may voluntarily share their location, photos, sound clips with other users via the Avante Service.
The contents of messages that have been delivered by the Avante Service (mobile apps) are not copied, kept or archived by Avante in the normal course of business. The contents of any delivered messages are not kept or retained by Avante — the only records of the content of any delivered messages reside directly on the sender’s and recipient’s mobile devices (and which may be deleted at the user’s option). Notwithstanding the above, Avante may retain date and time stamp information associated with successfully delivered messages.
The Way Avante Uses Information
If you submit personal identification information to us through the Avante Site, or the Avante Service, then we use your personal information to operate, maintain, and provide to you the features and functionality of the Avante Site and Avante Service.Before or at the time of collecting personal information, we will identify the purposes for which information is being collected.We may collect and use of personal information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes, unless we obtain the consent of the individual concerned or as required by law. We will only retain personal information as long as necessary for the fulfillment of those purposes. We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.We adopt appropriate data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of your personal information, username, password, transaction information and data stored on our Site.
Our Site is in compliance with PCI vulnerability standards in order to create as secure of an environment as possible for Users.
When Avante Discloses Information
We do not sell, trade, or rent Users personal identification information to others. We do not share generic aggregated demographic information to any personal identification information regarding visitors and users with our business partners, trusted affiliates and advertisers for the purposes outlined above. We may collect and release Users personal identification and/or non-personal- identification information if required to do so by law, or in the good-faith belief that such action is necessary to comply with state and federal laws (such as Canada Copyright Law), international law or respond to a court order, subpoena, or search warrant or equivalent, or where in our reasonable belief, an individual’s physical safety may be at risk or threatened. Avante also reserves the right to disclose personal identification information and/or non-personal- identification information that Avante believes, in good faith, is appropriate or necessary to enforce our Terms of Service, take precautions against liability, to investigate and defend itself against any third-party claims or allegations, to assist government enforcement agencies, to protect the security or integrity of the Avante Site or our servers, and to protect the rights, property, or personal safety of Avante, our users or others.
Third-party Advertisers, Links to Other Sites
Our Commitment To Data Security
Avante uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information. We cannot, however, ensure or warrant the security of any information you transmit to Avante and you do so at your own risk. Using unsecured Wi-Fi or other unprotected networks to submit messages through the Avante Service and/or the Site is never recommended. Once we receive your information, Avante makes commercially reasonable efforts to ensure the security of our systems. However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. Avante may post a notice on the Avante Site if a security breach occurs.
Changes and updates to this Privacy Notice
Your acceptance of these terms
By using Avante Service and/or Avante Site, you signify your acceptance of this policy. If you do not agree to this policy, please do not use our Service and/or our Site. Your continued use of the Service and/or Site following the posting of changes to this policy will be deemed your acceptance of those changes.
Avante Security Inc.
1959 Leslie Street
Date Last Modified: