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Avanti Terms of Use

Institutional License

LAST UPDATED: April 25, 2022

Your use of Avanti (the “Platform”) is subject to all terms and policies in these Terms of Use. The Terms of Use may be revised from time to time through an updated posting, and therefore you should check the Terms of Use periodically. Revisions are effective upon posting and your continued use of the Service following the posting of revisions to the Terms of Use will indicate your acceptance of such revisions.

BY USING THE SERVICE, YOU REPRESENT THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS OF USE, YOU SHOULD NOT USE THE PLATFORM. BY USING THE PLATFORM, YOU AGREE TO USE IT IN A MANNER CONSISTENT WITH ALL APPLICABLE LAWS AND REGULATIONS AND IN ACCORDANCE WITH THESE TERMS OF USE.

Privacy

We process personal information in accordance with our Privacy Policy. By using the Platform, you consent to such processing.

Solution Tree Inc. is concerned about the safety and privacy of all Users and others, particularly students, affected by the Platform. Therefore, Users shall adhere to requirements under specific federal and state laws applicable to those involving student information, including but not limit to The Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. § 1232g; 34 CFR Part 99).

User License

Users are granted, subject to these Terms of Use, a personal, non-exclusive, non-assignable, and non-transferable license to access and use the Platform for non-commercial use only for a period of one year. Modifications of any materials in the Platform or use of the materials for any purpose other than as contemplated in the Platform is a violation of Solution Tree’s copyright and proprietary rights. You agree not to reverse engineer, duplicate, publish, modify, or otherwise distribute the materials on the Platform unless specifically authorized in writing by Solution Tree to do so. Solution Tree does not guarantee the accuracy or completeness of any information or content. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.

You may not share your login with others or project the Platform for others to see/use. Licenses are individual in nature and should only be used as such. Sharing your login or projecting content for others could lead to loss of your subscription.

Postings

To the extent that certain aspects of the Platform provide Users an opportunity to post messages or provide other information (collectively, “Postings”), BE ADVISED THAT SOLUTION TREE HAS NO OBLIGATION TO SCREEN, EDIT, OR REVIEW SUCH POSTINGS PRIOR TO THEIR APPEARANCE IN THE PLATFORM, and Postings do not necessarily reflect the views of Solution Tree. To the fullest extent permitted by applicable laws, Solution Tree shall in no event have any responsibility or liability for the Postings (or the loss thereof for any reason) or for any claims, damages, or losses resulting from their use (or loss) and/or appearance in the Platform. The Postings and any personal information you submit for viewing may be accessible and viewable to other Users on your Account. Solution Tree reserves the right to monitor all Postings and to remove anything which it considers in its absolute discretion to be offensive or otherwise in breach of these Terms of Use or for any other reason as it deems necessary. You hereby represent and warrant that you have all necessary rights in and to all Postings and all material they contain; that your Postings shall not infringe any proprietary or other rights of third parties; that your Postings shall not contain any viruses or other contaminating or destructive devices or features; that your Postings will not contain any defamatory, indecent, offensive, tortious, or otherwise unlawful material or content; and that your Postings will not be used to carry out or solicit any unlawful activity and/or be used to make commercial solicitations.

You hereby authorize Solution Tree to use and/or authorize others to use all or part of your Postings in any manner, format, or medium that Solution Tree or such other parties see fit. You shall have no claim or other recourse against Solution Tree for infringement of any proprietary right in Postings.

Unlawful Use

As a condition of your use of the Platform, you warrant to Solution Tree that you will not use the Platform for any purpose that is unlawful or prohibited by the Terms of Use. You agree not to use the Platform in any manner that could damage, disable, overburden, or impair the Platform or interfere with any other party’s use and enjoyment of the Platform. You agree not to obtain or attempt to obtain through the Platform any materials or information not intentionally made available to you through the Platform.

You may not use the Platform:

  1. in any way that breaches any applicable law or regulations;
  2. in any way that is unlawful or fraudulent, or has unlawful or fraudulent purpose or effect;
  3. for the purpose of harming or attempting to harm any individual in any way;
  4. to send, receive, upload, download, use or re-use any material which does not comply with our Content Standards set out below;
  5. to transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam);
  6. to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

Content Standards

These content standards (“Content Standards”) apply to any and all material which you contribute to the Platform (“Contributions”).

Contributions must:

  • be accurate (where they state facts);
  • be genuinely held (where they state opinions);
  • comply with applicable law in the United States and in any country from which they are posted.

Contributions must not:

  • contain any material which is defamatory of any person or which is obscene, offensive, hateful or inflammatory;
  • promote violent or sexually explicit material;
  • promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
  • infringe any copyright, database right or trade mark of any other person;
  • be false, inaccurate or likely to deceive or mislead any person;
  • be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
  • promote any illegal activity;
  • be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;
  • be likely to harass, upset, embarrass, alarm or annoy any other person;
  • be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
  • give the impression that they emanate from us, if this is not the case;
  • advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse;
  • link directly or indirectly to or include descriptions of goods or services that are prohibited under these Terms of Use.

Maintenance

Solution Tree reserves the right at any time to suspend the Platform, or any part thereof, with or without notice, for the purpose of performing maintenance. You agree that Solution Tree will not issue fee adjustments or refunds and will not be liable to you or any third party for any modification, suspension, or discontinuation of the Platform, or any part thereof.

Copyright and Trademark Notices

The entire content of the Platform and any supporting software are the proprietary property of Solution Tree and/or its licensors and are protected by U.S. and international copyright and other intellectual property laws. The reproduction, redistribution, modification, or publication of any part of the Platform without the express written consent of Solution Tree and/or its licensors is strictly prohibited.

You agree not to display, disparage, dilute, or taint our trademarks or use any confusing similar marks or use our trademarks in such a way that would misrepresent the ownership of such marks. Any permitted use of our trademarks by you shall be to the benefit of Solution Tree.

Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

1) YOUR USE OF THE PLATFORM IS AT YOUR OWN RISK. THE PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. SOLUTION TREE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

2) SOLUTION TREE MAKES NO WARRANTY THAT

  1. THE PLATFORM WILL MEET YOUR REQUIREMENTS,
  2. THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,
  3. THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PLATFORM WILL BE ACCURATE OR RELIABLE,
  4. THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE PLATFORM WILL MEET YOUR EXPECTATIONS, AND
  5. ANY ERRORS OR DEFECTS IN THE PLATFORM WILL BE CORRECTED.

3) ANY MATERIAL UPLOADED/DOWNLOADED OR OTHERWISE OBTAINED, FROM THE PLATFORM IS DONE AT YOUR OWN DISCRETION AND RISK; SOLUTION TREE SHALL NOT BE LIABLE, AND YOU WILL BE SOLELY RESPONSIBLE, FOR ANY AND ALL LOSS, OR CORRUPTION, OF DATA UPLOADED OR INPUTTED BY YOU THROUGH THE USE OF THE PLATFORM, AND ALL SERVICING, REPAIR, OR CORRECTION AND ANY DAMAGE TO YOUR HARDWARE AND SOFTWARE THAT MAY RESULT FROM THE USE OF THE PLATFORM.

Limitation of Liability

IN NO EVENT SHALL SOLUTION TREE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE OR DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:

  1. THE LOSS OF DATA AND/OR THE USE OR THE INABILITY TO USE THE PLATFORM;
  2. THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE PLATFORM;
  3. UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
  4. STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE PLATFORM; OR
  5. ANY OTHER MATTER RELATING TO THE PLATFORM.

Exclusions and Limitations

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF THE ABOVE MAY NOT APPLY TO YOU.

Indemnification

You agree to indemnify and hold Solution Tree and its subsidiaries, affiliates, officers, agents, directors, licensors, contractors and employees harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Platform, your connection to the Platform, your violation of these Terms of Use, or your violation of any rights of another User.

Submissions

Solution Tree always welcomes suggestions and comments regarding the Platform from Users. Any comments or suggestions submitted to the Platform or Solution Tree, either online or offline will become Solution Tree’s property upon their submission. This policy is intended to avoid the possibility of future misunderstandings when projects developed by Solution Tree might seem to others to be similar to their own submissions or comments.

Contact

If you have any questions, comments, or concerns about the Terms of Use or the Platform, please contact:
[email protected]

General Information

The Terms of Use govern your use of the Platform and supplement any prior agreements between you and Solution Tree concerning the Platform. You also may be subject to additional terms and conditions that may apply when you use affiliated services, third-party content or third-party software. The failure of Solution Tree to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Use remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Platform or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.