PLEASE READ ALL AGREEMENTS CAREFULLY BEFORE USING THE SERVICES. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS THEN YOU MAY NOT ACCESS THE SITE OR USE ANY OF THE CONTENT OR SERVICES.
Some of The Services may require you to have an account. You agree to provide accurate, current, and complete information as required in the creation of your account. You are responsible for maintaining the password to your account. You may not share your account with anyone. You may not create a username with the intent to impersonate another person or entity, create a username that is subject to copyright, trademark or any type of ownership for which you do not have explicit written consent to use, or create a username that is, in the opinion of Avalanche, offensive, vulgar or obscene. Avalanche reserves the right to refuse registration or to cancel an account at its discretion. You agree to take sole responsibility for any activities in your account whether or not you have authorized such activities.
You agree not to use The Services for any purpose that is unlawful or prohibited by The Agreements. These include but are not limited to the following:
Avalanche will investigate and may, at it's discretion, prosecute security violations to the fullest extent of the law.
Avalanche, Avalanche logos and symbols, as well as all Avalanche trademarks, service marks, product names, and trade names are owned by Avalanche. All other trademarks, and such markings and symbols appearing on or within The Services are property of their respective owners. You many not use or display such markings without the prior written consent of the owner.
Avalanche may from time to time perform scheduled or unscheduled maintenance on The Services to improve reliability and performance as well as feature upgrades. Maintenance of any type may cause all or portions of The Services to become inaccessible for periods of time (Downtime). Efforts will be taken to schedule maintenance to off-peek hours, however downtime due to maintenance may occur at any time. You acknowledge and agree to Downtime regardless of prior notification or the length of the Downtime.
The Services are provided 'AS-IS,' without warranty of any kind, either expressed or implied. Without limiting the foregoing, Avalanche explicitly disclaims any warranties of merchantability, fitness for a particular purpose and non-infringement.
Avalanche makes no warranty that The Services will meet your requirements or will be available on an uninterrupted, secure, or error-free basis. Your use of The Services are at your own risk. You acknowledge and agree that Avalanche will not be responsible for any damages to your computer system, the computer systems of third parties, or to Your Files as a result of your use of The Services.
You will defend, indemnify and hold harmless Avalanche, it's officers, directors, affiliates, employees and agents from and against claims, liabilities, damages, losses and expenses including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with your access to or use of The Services or your violation of this Agreement.
In no event will Avalanche be liable to you or to any third party for any incidental, special, consequential or punitive damages arising out of or in connection with this Agreement or from the use of or inability to use The Services, whether based on warranty, contract, tort (including negligence) or any other legal theory, and whether or not Avalanche has been informed of the possibility of such damage.
This Agreement will be governed by the laws of the State of California without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of this Agreement will be the state and federal courts located in Los Angeles County, California, and you waive any objection to jurisdiction and venue in such courts.
The Agreements represent the entire and exclusive agreement between Avalanche and you regarding The Services, and The Agreements supersedes and replaces any prior agreements between Avalanche and you regarding The Services.