INTELLECTUAL PROPERTY; USE OF CONTENT; CONFIDENTIALITY
This Website is owned and operated by Avero, and, except as provided in the Transaction Agreement, (1) all Software, Marketing Materials, and all designs, text, images, videos, graphics, programs, and other content and materials appearing at, and, except as expressly set forth in the Transaction Agreement, data, reports, and other information accessible through the Website (collectively, “Content”), and (2) all Avero trademarks, trade names, service marks, service names, logos, URLs and the like (collectively, “Marks”) appearing on the Website are the property Avero. You may access or use Content only for the purposes set forth in the Transaction Agreement, and, except as permitted in the Transaction Agreement, you may not (i) adapt, copy, distribute, modify, reverse-engineer, or prepare any derivative work based on any Content, in whole or part; (ii) sell or license any Content; (iii) disclose any unique metric provided by Avero; or (iv) permit any third party to do any of the foregoing. You must keep all Content strictly confidential, and you may not disclose your username or password to any person or allow any other person to access the Website, by use of your username or password.
Avero reserves the right, without notice and at its sole discretion, to suspend or terminate your ability to access or use the Website, and to block or prevent future access to and use of the Website for any reason, or no reason. Avero may, in its sole discretion, terminate, change, modify, suspend, make improvements to, or discontinue any or all aspects of the Website, temporarily or permanently, at any time with or without notice to you. You agree that Avero shall not be liable to you or to any third party for any modification, suspension or discontinuance.
AVERO MAKES NO REPRESENTATION OR WARRANTY IN CONNECTION WITH THE WEBSITE OR CONTENT, ALL OF WHICH WE PROVIDE ON AN “AS IS” AND “AS AVAILABLE” BASIS. AVERO HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, WITH RESPECT TO THE WEBSITE AND CONTENT. AVERO DOES NOT WARRANT THAT THE OPERATION OF THE WEBSITE OR CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT TRANSMISSIONS OR DATA WILL BE SECURE, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
LIMITATION OF LIABILITY
Neither Avero, or any parent or subsidiary of Avero, nor any member, manager, subsidiary, director, officer, employee, agent, consultant, subcontractor, representative, adviser, or other person employed or engaged by Avero or any parent or subsidiary in any capacity (each, an “Affiliate”) shall be liable for special, incidental, consequential, or indirect damages or loss of good will, revenue, or income, equipment failure, or other damage, expense, or loss, regardless of theory of liability, whether arising under contract, tort, law, equity, or otherwise, arising in connection with (1) the Website; (2) your use of the Website, or errors, file corruption, or other damage arising or allegedly arising from such use, or (3) your inability, for any reason to access the Website. Avero’s liability arising from any use or inability for any reason to access the Website shall not event exceed Avero’s liability set forth in the Transaction Agreement.