Medical Disclaimer

Updated July 2019

This web site is not designed to, and does not, provide medical advice. All content (“Content”), including text, graphics, images and information available on or through this web site are for general informational purposes only.

The content is not intended to be a substitute for professional medical advice, diagnosis or treatment. We strongly advise all users with health problems to consult a doctor who will be able to provide a proper diagnosis based on a knowledge and understanding of your medical history and all aspects of your symptoms. Never disregard professional medical advice, or delay in seeking it, because of something you have read on this web site. Never rely on information on this web site in place of seeking professional medical advice.

The owner and affiliates of this company are not responsible or liable for any advice, course of treatment, diagnosis or any other information, services or products that you obtain through this site. You are encouraged to confer with your doctor with regard to information contained on or through this web site. After reading articles or other content from this web site, you are encouraged to review the information carefully with your professional healthcare provider. AVERT does not accept any responsibility for harm or loss which may result from failure to consult with the appropriate health authorities, and readers assume the risk of any such injuries that may arise from these circumstances.

This website cannot always reflect the most up-to-date research and will be updated from time-to-time without notice to you. Some information may be provided by third parties and we cannot guarantee its accuracy.

We make no warranties that:

(i) the website will be uninterrupted, timely, secure, or error-free;

(ii) the results that may be obtained from the use of the website will be accurate or reliable; and

(iii) the quality of any products, services, information, or other material purchased or obtained by you through the website will meet your expectations.

Terms of Service

Updated August 2019

This Site is provided by AVERT (“AVERT” and “we” or “us”). Your use of this Site is subject to these Terms of Service (the “TOS”). Please read this TOS and the other information referred or linked to in this TOS carefully and be sure you understand it, since it is a legally binding agreement that contains important information about our Site and your permitted use of it. From time to time we may unilaterally modify this TOS, so it is important that you review this TOS every time you use this Site.

PLEASE NOTE: YOUR USE OF THIS SITE CONSTITUTES YOUR AGREEMENT TO BE BOUND BY AND COMPLY WITH ALL OF THE TERMS OF THIS TOS. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS TOS, THEN YOU MAY NOT USE THIS SITE.

Right to use the Site

AVERT grants you a limited, non-exclusive, revocable license for you to use this Site for your personal entertainment, information, education, and communication, upon all of the terms of this TOS. This Site contains materials and other items relating to AVERT and its products and services, and similar items from our business partners, licensors, and licensees, and other third parties (collectively, the “Content”). The Content may be in the form of information, text, data, images, graphics, button icons, registered and unregistered trademarks, illustrations, photographs, audio clips, music, sounds, pictures, videos, software, or other forms and formats now known or later invented. In using this Site, you must respect the intellectual property rights of AVERT and others, all as outlined below. Your unauthorized use of Content may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability.

Ownership

All Content is copyrighted, and it is either owned or used with permission by AVERT. AVERT disclaims any representation or warranty that your unauthorized use of Content will not infringe upon rights of third parties not owned by or affiliated with AVERT.

Except as set forth in this TOS or in the text of this Site, you may not reproduce, distribute, publish, transmit, modify, adapt, translate, display, distribute, sell, license, publicly perform, prepare derivative works based upon, or otherwise use or exploit the Content. You may download one copy of portions of the Content in temporary storage on one personal computer for your personal, non-commercial, non-political, non-networked viewing and use only, provided you do not delete or change any copyright, trademark, or other proprietary notices. The foregoing limited right does not give you any ownership of any Content. Except as expressly provided above, nothing contained in this TOS may be construed as conferring to you (by implication, estoppel, or otherwise) any license or right to any Content under any copyright or any other intellectual property right.

AVERT respects the intellectual property rights of others. If you believe that your work has been infringed by means of an improper posting or distribution of it via this Site, then please see the paragraph below entitled Procedure for Alleging Copyright Infringement.

The trademarks, logos, and service marks displayed on this Site are owned by AVERT and third parties, and this Site’s trade dress is owned by AVERT (collectively, the “Trademarks”, which also constitute Content). Specifically, the following Trademarks are among those owned by AVERT: The AVERT name and shield logo, TAC PAC and the TAC PAC and Design mark, the "Empowering People to Save Lives" and "Products + Training + Consulting" slogans and taglines, and all related and associated names, logos, slogans, taglines, and other marks. All Trademarks not owned by AVERT are the property of their respective owners, and are used with permission. Nothing contained on this Site may be construed as granting, by implication, estoppel, or otherwise, any right or license to use any Trademark.

Communications with AVERT

AVERT likes to hear from you. However, in your communications with AVERT, please keep in mind that, unless it specifically requests them, AVERT does not request or solicit any ideas or suggestions relating to new inventions, products, services, or any other matters. Therefore, please do not send to AVERT any unsolicited materials, such as ideas for products, or any other suggestions, ideas, notes, drawings, inventions, techniques, models, designs, concepts, or other similar information or materials.

Any such submissions and any questions, comments, answers, suggestions, photos or the like submitted by you to AVERT via this Site or by fax, mail, or otherwise, or transmitted, posted, or uploaded by you to this Site (collectively, “Your Submissions”) will be treated as non-confidential and nonproprietary, and AVERT will not assume any responsibility, obligation, or liability for them or for AVERT’s receipt or non-receipt of them. AVERT’s receipt of Your Submissions is not an admission by AVERT of their novelty, priority, or originality, and it does not impair AVERT’s right to contest existing or future intellectual property rights relating to Your Submissions.

You grant AVERT a non-exclusive, royalty-free, perpetual, irrevocable, and sublicensable right and license to reproduce, distribute, publish, transmit, modify, adapt, translate, display, distribute, sell, license, publicly perform, prepare derivative works based upon, and otherwise use or exploit Your Submissions throughout the world in any and all media. You represent and warrant that: (a) you have the right and authorization to make the foregoing grant without the consent of any third party, and (b) Your Submissions are accurate and, as permitted to be used by AVERT in this TOS, do not and will not infringe any right of any third party.

When you send e-mail to us, you are communicating with us electronically and you consent to receive communications from us electronically. Furthermore, you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Shopping Online

This Site may offer online capabilities to purchase products (such as toys) and services (such as memberships). You must be 18 years of age or older to make any such purchases. As to products and services featured on this Site, please note that we make every effort to display as accurately as possible the products and services that appear on this Site. However, the colors, dimensions, and details that you see on your computer monitor will vary depending on your equipment, so we cannot guarantee that your equipment will accurately display the details of our products and services. As to services featured on this Site, the terms of those service offerings may be specified in a separate agreement that will be provided to you in connection with the service purchased and will be supplemented by this TOS.

A. No Purchases by Minors

By ordering a product or service online from AVERT, you represent that you are 18 years of age or older. If a child under the age of 18 orders a product or service from AVERT without parental or guardian permission, then the parent or guardian may return the product or service for a refund according to the posted returns and exchanges policy that relate to that order.

B. Taxes

You are responsible for paying all sales, use, and other similar taxes relating to any of your online purchases of products or services from AVERT.

C. Shipping and Processing; Insurance

You are also responsible for paying all shipping and processing charges relating to your online purchases (including any product offered with a service), and for insuring your purchases.

Restrictions on your use of the Site

You agree that you will not: (a) use this Site for any commercial purpose (including, without limitation, for purposes of advertising, soliciting funds, collecting product prices, or selling products); (b) monitor, gather, or copy Content on this Site by using any robot, “bot”, spider, crawler, spyware, engine, device, software, extraction tool, or any other automatic device, utility, or manual process of any kind; (c) frame or utilize framing techniques to enclose any Trademark or other proprietary information (including, without limitation, any images, text, or page layout); (d) use any meta tags or any other “hidden text” utilizing any Trademarks; (e) engage in any activities through or in connection with this Site that seek to attempt to harm minors or are unlawful, offensive, obscene, threatening, harassing, or abusive, or that violate any right of any third party; or (f) engage in any activity that interferes with a user’s access to this Site or the proper operation of this Site. You also agree that, in using this Site, you will not impersonate any person or entity.

AVERT Community Code of Conduct

AVERT may elect to offer community features on this Site, such as message or bulletin boards, photo sharing pages, forums, and chat rooms. In such events, AVERT will not assume any obligation to monitor, filter, censor, edit, or regulate information or content provided by you or third parties on this Site, although AVERT reserves the right to do so in its sole discretion. AVERT does not endorse, warrant the accuracy or reliability of, or assume any liability in connection with any such information or content provided by users or other third parties.

As to any information or content that you upload or post to this Site, you represent and warrant to AVERT that you have the right and authorization to do so without the consent of any third party. You also agree not to upload or post to this Site: (a) infringing, defamatory, obscene, pornographic, threatening, abusive, violent, illegal, rude, harassing, or otherwise improper content, (b) viruses or other harmful items, or (c) content with a commercial purpose (such as offers to sell products or services or attempts to solicit funds or advertise products or services).

AVERT reserves the right, in its sole discretion, to adopt additional rules in any community area and to condition access to any such community features by any individual or group in accordance with age, geographic, or other criteria, to deny or restrict access by any individual or group who fails to meet that criteria or by anyone who fails to comply with our criteria or rules at any time, and to change or modify the criteria or rules at any time. AVERT also reserves the right (but does not assume any obligation), in its sole discretion, to delete any postings on this Site that violate this TOS and to deny access by any user to this Site.

Termination; Cooperation with Investigations

AVERT reserves the right, without any limitation whatsoever, to: (a) investigate any suspected breaches of its Site security or its information technology or other systems or networks, (b) investigate any suspected breaches of this TOS, (c) involve and cooperate with law enforcement authorities in investigating any such matters, (d) prosecute violators of this TOS to the full extent of the law, and (e) discontinue this Site or terminate your access to it at any time, without notice, for any reason and without any obligation to you whatsoever.

Privacy and Security

AVERT must collect certain information in order to operate this Site and to fulfill your requests or enable participation in certain online activities. But AVERT respects the privacy of its visitors, and is especially mindful of protecting the privacy of young children visiting our sites. Please click here to review our Privacy Policy.

We have adopted reasonable security measures to protect against the loss, misuse, and alteration of the personal information under our control. Nevertheless, we cannot guarantee complete security of personal information.

Disclaimers; Limitation of Liability

This Site may include technical inaccuracies or other errors, and your use and browsing of this Site is at your risk. THIS SITE IS PROVIDED TO YOU “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. AVERT DOES NOT WARRANT THAT THIS SITE WILL MEET YOUR REQUIREMENTS OR ACHIEVE A PARTICULAR RESULT, OR THAT YOUR USE OF THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IF YOUR USE OF THIS SITE OR THE MATERIAL CONTAINED ON THIS SITE RESULTS IN YOUR NEED TO SERVICE OR REPLACE ANY PROPERTY, MATERIAL, EQUIPMENT, DATA, OR OTHER ITEM, THEN AVERT WILL NOT BE LIABLE FOR THOSE COSTS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING SENTENCES, AVERT WILL NOT BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF YOUR USE OF THIS SITE. THE DISCLAIMERS AND LIMITATIONS CONTAINED IN THIS PARAGRAPH ARE A MATERIAL PART OF OUR AGREEMENT TO PROVIDE THIS SITE TO YOU. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.

Residents of California are entitled to the following specific consumer rights information: you may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs by mail at 400 R St., Suite 1080, Sacramento, California, 95814, or by telephone at 916.445.1254. California residents expressly agree to waive California Civil Code Sec. 1542, which states: “A general release does not extend the claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

Links To This Site; Links To and From Third Party Websites

You are granted a limited, non-exclusive, revocable right to create hyperlinks to this Site, so long as: (a) the links are only to the home page of this Site, (b) the links only incorporate text, and do not use any Trademark graphics, (c) the links and related content on your site do not suggest any affiliation with AVERT or cause confusion among consumers, (d) the links and related content on your site do not portray AVERT or its products or services in a false, misleading, derogatory, or otherwise offensive matter, and (e) the links and related content on your site are not operated for any commercial purpose.

This Site may contain links to or from third-party sites (“Linked Sites”), including, without limitation, sites operated by advertisers, licensors, licensees, and promotional and business partners of AVERT. AVERT has no control over the content of Linked Sites, and AVERT does not assume any obligation to review any Linked Sites. AVERT does not endorse, approve, or sponsor any Linked Sites, or any content, advertising, information, materials, products, services, or other items on or available on or from them, and AVERT disclaims all liability in connection therewith. Any activities you engage in connection with a Linked Site is subject to the privacy policy, conditions of use, and other terms imposed by the operator of the Linked Site and AVERT disclaims all liability in connection therewith.

AVERT will respond appropriately to notices of alleged copyright infringement that comply with the U.S. Digital Millennium Copyright Act (“DMCA”), as set forth below. If you own copyrights in a work and believe that your intellectual property rights in that work have been infringed by an improper posting or distribution of it via this Site, then send us a written notice that includes all of the following:

(i) a legend or subject line that says: “DMCA Copyright Infringement Notice”;

(ii) a description of the copyrighted work that you claim has been infringed;

(iii) the URL of the site and a description of where the material that you claim is infringing is located on that site;

(iv) your address, telephone number, and e-mail address;

(v) a statement by you that you have a good faith belief that the alleged infringing material is not authorized by the copyright owner, its agent, or the law;

(vi) a statement by you, made under penalty of perjury, that all the information in your notice is accurate, and that you are the copyright owner (or, if you are not the copyright owner, then your statement must indicate that you are authorized to act on the behalf of the owner of an exclusive right that is allegedly infringed); and,

(vii) your electronic or physical signature.

AVERT will only receive DMCA notices by mail or e-mail at the addresses below:

By Mail: 1450 Westec Drive Eugene, OR 97402

By E-Mail: customerservice@hsi.com

AVERT may elect to not respond to DMCA notices that do not comply with all of the foregoing requirements, and AVERT may elect to remove allegedly infringing material that comes to its attention via notices that do not comply with the DMCA.

General

A. Indemnity

You agree to indemnify, defend, and hold harmless AVERT and its officers, employees, agents, business partners, licensors, and licensees from any damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) on account of any claim, suit, action, demand, or proceeding made or brought against any such party, or on account of the investigation, defense, or settlement thereof, arising in connection with your use of this Site.

B. Revisions to this Site and this TOS

AVERT may, in its sole discretion, make changes to any aspect of this Site, including, without limitation, any Content, any activities available on this Site, and any products or services offered through this Site. AVERT may also, in its sole discretion, revise this TOS by updating or revising this document, with the revised terms taking effect as of the date of its posting. Continued use of this Site following the effective date of any such changes constitutes your acceptance of those changes.

C. Operation of Site; Availability of Products and Services

AVERT controls and operates this Site from its offices in Washington, MI in the United States of America, and AVERT makes no representation that this Site is appropriate or available for use beyond the United States of America. If you use this Site from other locations, you are responsible for compliance with applicable local laws. Although AVERT products and services are available in many parts of the world, this Site may describe products and services that are available only in the United States of America (or only parts of it) and are not available worldwide.

D. Jurisdiction, Venue, and Alternative Dispute Resolution

Any controversy or claim relating to this Site, the Content, or this TOS not otherwise resolved between you and AVERT will be settled solely by binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”), administered in accordance with the AAA’s Supplementary Procedures for Consumer-Related Disputes. Any such controversy or claim will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration will be conducted in Washington, Michigan, and judgment on the arbitration award may be entered into any court having jurisdiction of it. Any claim or cause of action that you may have with respect to this Site, the Content, or this TOS must be commenced within one year after the claim or cause of action arises or it will be forever barred. Any action or proceeding by AVERT relating to your access to, or use of, this Site or any Content in accordance with this paragraph will be instituted in state or federal court in Macomb County, Michigan. Accordingly, you consent to the personal jurisdiction of the courts in Macomb County, Michigan with respect to all matters relating to your access to or use of this Site and the Content and waive your rights to removal or consent to removal. This TOS will be governed by and construed in accordance with the laws of the State of Michigan, without regard to its conflicts of law provisions. The foregoing provisions of this paragraph will not apply to any legal action taken by AVERT to recover damages for, or seek an injunction in connection with, any loss, cost, or damage (or any potential loss, cost, or damage) relating to this Site, any Content, AVERT’s operations, and/or AVERT’s products or services caused by your act or failure to act.

E. Severability

If any provision of this TOS is deemed unlawful, void, or unenforceable for any reason, then that provision will be deemed severable from the remainder of this TOS and will not affect the validity or enforceability of the remainder of this TOS.

 

Privacy Policy

Updated July 2019

Use of this Site signifies your acceptance of the terms and conditions.

AVERT (“AVERT”) is committed to protecting your online privacy when visiting a Site operated by us. We do not collect and keep any personal information online from you unless you volunteer it and you are 13 or older. We also do not collect and keep personal information online from children under the age of 13 without consent of a parent or legal guardian, except in limited circumstances authorized by law and described in this policy. Please review the information below to familiarize yourself with our policies on Site privacy. Please remember that this site and the servers that make this site available are located in the U.S. By using this site you agree to the transfer, collection, processing and use of data by this Site.

A SPECIAL NOTE FOR PARENTS AND LEGAL GUARDIANS:

AVERT adheres to the Children's Online Privacy Protection Act of 1998 and the guidelines of the Children's Advertising Review Unit (CARU) of the Council of Better Business Bureaus, Inc. in our Site. You can help by spending time online with your children and monitoring your children's online use. Please help us protect your child's privacy by instructing them never to provide personal information on this site or any other without your permission.

If you are under 18, please be sure to read this policy with your parents or legal guardians and ask questions about things you do not understand. Children under 13 should get your parent's or legal guardian's permission before giving out your e-mail address or any personal information to AVERT or to anyone else on the Internet.

  1. Does AVERT Collect Any Personal Information About Me If I'm 13 Or Older?

AVERT doesn't require anyone to share any personal information about themselves in order to enjoy any of our Site. That means you can visit our Site without any need to register with us. However, some of our Site contains special sections and privileges for members that register. We do not collect any personal information from you or your child unless it is voluntarily provided, for instance when signing a guest book, registering for contests, downloads and uploads, or free demos, completing our online customer surveys or purchasing products. The personal information we ask for is usually first and last name, mailing address, phone number and an e-mail address. See below for how we use this information. Remember, only people who are 18 or older may purchase products from our online stores.

  1. What Ordering Information Does AVERT Collect In Our Online Stores?

We may offer opportunities to purchase products in our online stores. Customers must be over the age of 18 with a valid credit card. When a customer places an order or requests a catalogue online, we collect information associated with the transaction, which will include the customer's name, mailing address, products ordered, shipping address, and credit card information. We ask for this information so that we may fulfill the order or catalogue request. We use Secure Sockets Layer (SSL) technology to protect credit card data during transmission to our Site, and adopt careful internal procedures to safeguard this information in our system.

Customers have the option of registering certain information for future orders while completing their online order. For the customers who choose to register, we will capture their login name, password, name and mailing address, alternate ship-to addresses, and credit card information.

When registered customers return to the site to place subsequent orders, they can identify themselves with their login name and password. If a customer includes a child's birth date and e-mail address, this information will only be used to help us provide products and services that meet customer needs.

When a customer places an order online, we will send a confirming e-mail message. We may also send an occasional e-mail featuring a special promotion or product that may be of interest to customers. Any customer who prefers not to receive an online order confirmation or promotional e-mail should indicate this preference by sending us an email at customerservice@hsi.com. If you do receive an e-mail from us that you would rather not receive, simply follow the “unsubscribe” instructions included in the e-mail.

  1. Does AVERT Collect Any Personal Information About Anyone Under 13?

We do not collect personal information online from children under 13 without consent of a parent or legal guardian.

  1. What Does AVERT Do With The Information We Collect?

We use the personal information we collect for the purposes indicated at the time you or your teenager or child (with your consent) provides such information. For instance, if you register in a contest, we will use the registration information to notify contest winners, or if you purchase a product, we will use the information to fulfill the order. Occasionally, and only with consent at the time we ask for information, we might also e-mail or mail you or your teenager or your child to provide information on upcoming AVERT products, Site updates and promotions. With your consent, we may also share information with other AVERT brands and AVERT family companies so that they can let you and your family know about products that might be of interest. If you want to stop receiving such updates and product information at any time, just contact us at customerservice@hsi.com . Our mailings and e-mail will also include information allowing you to ask not to receive such information in the future.

  1. Does AVERT Share Information About Me With Others?

If you consent, AVERT may provide your information to outside companies that offer products or services that may be of interest, and if your teenager 13 or older consents, we may likewise provide their information. Except as described in this policy, we never share personal information that we receive online from children under 13 with other companies outside AVERT. We will remove your name from the list we provide to outside companies if you contact us at customerservice@hsi.com , and we will do the same for your teenager's name if they request removal. In special circumstances, AVERT may give other companies access to our information database, but only if necessary to allow them to provide database or server maintenance or security, help us process and fulfill orders or requests, or provide other similar services to AVERT. If we do provide access, we require those other companies to sign confidentiality agreements promising to keep secret any information they see. If AVERT believes that anyone's behavior on our Site may damage us or our Site or anyone else, we may disclose the relevant personal information in order to prevent this harm. In that case, we might try to identify the wrongdoer, contact them or bring legal action against them. We may also disclose personal information if we believe that the disclosure is required by law, or in response to a legal request.

  1. How Does AVERT Use Cookies?

A “cookie” is a small file that we save on your computer's hard drive that contains non-personal information. Our cookies help to give you faster access to pages you have already visited; they allow you to personalize your pages and us to customize our offerings; and they help you to participate in some activities or events on the site. If you leave the site and then return, cookies will tell us what things you have already collected so that you do not have to start all over again. Cookies keep track of items in your shopping cart and wish list in our online stores. We also use cookies to help us figure out how many people visit our Site, which of our Web pages they stop at and how long they stay there. This information helps us figure out which of our Web features are successes and what Site might need improvement. For administrative purposes, we collect IP addresses, which is the automatic number assigned to your computer when you surf the Web. Certain Internet Service Providers may assign the same IP address to many users. The IP address allows us to count the total number of “hits” on our Site. However, your IP address and cookie are not connected to any personally identifiable or online contact information like a name and address, so you and your family remain anonymous.

  1. Does AVERT Ever Collect Information Without Consent?

AVERT does not collect information passively through cookies or other tracking mechanisms except in the circumstances described above. Cookies DON'T contain any personal information about a specific user. We don't use cookies or other non-consensual methods to take personally identifiable or online contact information about you or your family off of your computer. Cookies are also not used to collect information specifically about you or your family for sharing with third parties.

  1. Do AVERT's Third-Party Advertisers Use Cookies?

In the course of serving advertisements to this site, our third-party advertisers may place or recognize a unique cookie on your browser.

If you have any questions, please don't hesitate to contact us!

Terms and Conditions for Product Sales

Updated November 2019

  1. Scope. These terms and conditions ("Terms") apply to AVERT Inc.'s ("AVERT") sale of one or more of its products, including but not limited to its TAC PAC line of products, bleeding control training kit and Narcan opioid overdose kit (collectively "Products"). PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE PRODUCTS.  By purchasing or using the Products, you agree to be bound by these Terms, which establishes a contractual relationship between you and AVERT. 
  2. Intellectual Property.  The Products and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by AVERT, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms permit you to use the Products for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the materials or content in connection with the Products.

  1. Reserved Rights; Others’ Rights. All rights in the Products that are not expressly granted are reserved. You agree to use the Products only in ways that comply with all applicable laws, as well as with these Terms, and that do not infringe or violate anyone’s rights.
  2. Disclaimers. YOU EXPRESSLY AGREE THAT USE OF THE PRODUCTS ARE AT YOUR OWN SOLE RISK AND YOU ASSUME ALL RISK RELATED TO THE PRODUCTS OR YOUR USE OF THEM INCLUDING YOUR FUTURE USE OF ANY TECHNIQUES, METHODS, OR ANY CONTENT WHATSOEVER RELATED TO THE PRODUCTS. THE PRODUCTS ARE PROVIDED “AS IS” TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND (EXPRESS, IMPLIED OR OTHERWISE) REGARDING THE PRODUCTS, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTY ABOUT THE ACCURACY, SAFETY, RELIABILITY, COMPLETENESS, TIMELINESS, SUFFICIENCY OR QUALITY OF THE PRODUCTS. WE DO NOT WARRANT THAT THE PRODUCTS WILL MEET ANY SPECIFIC OR INTENDED RESULT OR WILL OPERATE WITHOUT ERROR OR INTERRUPTION. WE DO NOT WARRANT THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED THROUGH THE PRODUCTS. ANY RELIANCE YOU PLACE ON SUCH INFORMATION IS STRICTLY AT YOUR OWN RISK. WE DISCLAIM ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON SUCH CONTENT BY YOU. 

NO PART OF THE PRODUCTS ARE OR SHOULD BE CONSIDERED, OR USED AS A SUBSTITUTE FOR MEDICAL TREATMENT. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING PERSONAL HEALTH OR MEDICAL CONDITIONS EMERGENCY OR OTHERWISE. DO NOT AVOID OR DISREGARD PROFESSIONAL MEDICAL ADVICE OR TREATMENT OR DELAY IN SEEKING THEM BECAUSE OF SOMETHING YOU HAVE READ, HEARD OR THAT IS OTHERWISE RELATED TO THE PRODUCTS.

  1. Limitations of Liability and Remedies. YOUR USE OF THE PRODUCTS ARE AT YOUR OWN SOLE RISK. IN NO EVENT SHALL WE BE LIABLE TO YOU, IN CONTRACT, TORT OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR OTHER SUCH DAMAGES ARISING OUT OF OR RELATING TO THE PRODUCTS OR THESE TERMS, EVEN IF THE PRODUCTS ARE DEFECTIVE OR WE ARE NEGLIGENT OR OTHERWISE AT FAULT, AND REGARDLESS OF WHETHER WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  IN NO EVENT SHALL THE AGGREGATE LIABILITY OF AVERT TO ANY BUYER EXCEED THE PURCHASE PRICE PAID BY BUYER FOR THE PRODUCTS AT ISSUE.
  2. Indemnity. You agree to indemnify and hold harmless AVERT, its respective officers, members, managers, employees, agents, contractors, licensors, suppliers, successors, and assigns from and against all claims, actions, suits, damages, liabilities, and costs (including, without limitation, legal fees) arising from your failure to comply with any provision of these Terms or your use of the Products.
  3. Goods Not for Resale or Export. You agree to comply with all applicable laws and regulations of the various states and of the United States including all applicable export regulations. You represent and warrant that you are buying Products for your own personal or household use only, and not for resale or export.
  4. Trademarks. Nothing in these Terms or with the Products will be construed as granting you any right or license to use any trademarks, service marks, or logos displayed with the Products. You agree not to use or register any name, logo, or insignia of AVERT or any of its subdivisions for any purpose except with our prior written approval and in accordance with any restrictions required by us.
  5. General. If any provision of these Terms is held to be invalid or unenforceable, that provision, to the extent unenforceable, shall be struck, and shall not affect the validity or enforceability of the remaining provisions. Your rights under these Terms are personal, nonexclusive and nontransferable. Headings are for reference purposes only and in no way define or limit the scope or extent of any provision of these Terms. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. nothing herein shall be deemed to confer any third-party rights or benefits. These Terms set forth the entire understanding and agreement between you and us with respect to this subject matter.
  6. Governing Law and Jurisdiction.  All matters relating to the Products and these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Michigan without giving effect to any choice or conflict of law provision or rule (whether of the State of Michigan or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Products shall be instituted exclusively in the federal courts of the United States or the courts of the State of Michigan although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.