Registration with us is optional. However, please keep in mind that you will not be able to use the features offered on the Site unless you register with us. When you register with us and use the Site, you provide information about yourself. Depending on how you use the Site, such information that you provide to use includes: (a) your first and last name, gender, email address, age (to comply with legal requirements), address, phone number, transcript information, account balance with the institution, password and other registration information; (b) your interaction with the Site; (c) information you provide us when you contact us for help; (d) information you enter into our system when using the Site, such as communications with your advisor; and (e) any information or photographs you choose to provide. In addition, your institution may populate your account with additional personal information related to your use of the Site.
In addition, we collect certain information, which cannot be used to personally identify any user, and which may be provided to third parties. Such non-personal data ordinarily includes aggregate, summary, or other usage data, and may include, by way of example, statistics regarding total users, information regarding types of Internet browsers used by users, and widget usage patterns. We also collect non-personal data about each users IP address to help diagnose problems with our server, and to administer our Site.
There are three types of Users on the Site: Students, Advisors, and Managers. In order for the Site to fulfill its purpose, some other types of Users may have access your data through the Site. Student information will be available to each Student's Advisor and Manager. Advisor information will available to their Manager. The Manager will also have access to all communications between Managers and Students.
We track usage data and user traffic patterns throughout our site to improve the content of our Site and the quality of our Site. We may use your information (a) to deliver the Site and features desired by you, (b) to improve our services to you, (c) to personalize content and offers that may be of interest to you, (d) to respond to your inquiries, and (e) to fulfill your request for products or services.
We do not currently share personal identifying information collected on the Site, including email addresses, with third parties for their direct marketing or solicitation, however we may choose to do so in the future. We do share your information and content with your school or educational entity. We will use your contact information to contact your from time to time to provide you with important information or required notices. We will disclose your personally identifiable information if we reasonably believe we are required to do so by law, regulation or other government authority or to protect our rights and property or the rights and property of the public. We may also cooperate with law enforcement agencies in any official investigation and we may disclose your personally identifiable information to the relevant agency in doing so. We may collect anonymous or aggregate user information and disclose such data only in a non-personally identifiable manner to:
Any user providing personal data is certifying that he/she is over the age of 13. Children under the age of 13 are not eligible to use our site. If a parent or guardian becomes aware that his or her child has provided us with personally identifiable information without their consent, he or she should contact us at info[at]avisocoaching.com. We will delete such information from our files.
Each user selects a unique username and password that enables their access to the Site. Users may access their account profiles at any time to update personal data contained within that account profile. Subsequent uses or disclosures of information by us will reflect those changes. Certain information is necessary in order for us to provide the services; therefore, if you delete such necessary information you may not be able to use the Site.
In the event you desire to discontinue the Site and have your information removed form our systems, please send your request to info[at]avisocoaching.com. Aviso has deletion procedures available, however if you continue to be enrolled at the same school or educational entity and the school or educational entity continues to use the Site, then we may not be able to delete your content from the systems.
Aviso is very concerned about safeguarding the confidentiality of your personally identifiable information. We require password protection physical, electronic, and procedural safeguards to protect personal information about you. We limit access to personal information about you to employees and authorized who need to know that information in order to operate, develop or improve our services. Please be aware that, although we endeavor to provide reasonable security for information in our possession and control, no security system can prevent against all potential security breaches, and we bear no liability for uses or disclosures of personal data or non-personal data arising in connection with the theft thereof. Likewise, you are responsible for safeguarding the confidentiality of passwords to the Site, and we bear no liability for access to, or use or disclosure of personal data if such access, use or disclosure arises in connection with the theft or disclosure (whether intentional or negligent) of such user's password.
Aviso Coaching, LLC ("us" or "Aviso") provides this Acceptable Use Policy to inform users of our policies and procedures regarding how they may use and interact with the website, located at www.AvisoApp.com (the "Site"). To keep the Site running smoothly for all of our Users, you agree that you will use the Site only in a manner consistent with the following Acceptable Use Policy.
This Acceptable Use Policy may be updated from time to time for any reason; each version will apply to your use of the Site while it was in place. We will notify you of any material changes to our Acceptable Use Policy by emailing you or through a pop-up notification on the website. The changes shall take effect after we notify you about the changes. You are advised to consult this Acceptable Use Policy regularly for any changes.
You may not submit any content to the Site that would qualify as "Objectionable Content". Objectionable Content means any content that:
Your license for access and use of the Site and any information, materials or documents therein (collectively defined as "Content and Materials") are subject to the following restrictions and prohibitions on use. You may not engage in any of the following prohibited activities:
In this Agreement the content on the Site, including all information, methods, data, logos, marks, designs, graphics, pictures, sound files, other files, and their selection and arrangement, is called "Content". All Content and all software available on the Site or used to create and operate the Site is the property of Aviso or its licensors, and is protected by domestic and international copyright laws, and all rights to the Site, such Content and such software are expressly reserved. All trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Aviso.
Content provided by users is called "User Content". User Content includes, but it is not limited to, profile information supplied by users or provided by the school or other educational institution that gives you access to the Site, posts and questions submitted to the Site, messaging to other users within the Site, certain biographical or business information supplied by users, and any other information submitted by a user for display on the Site. User Content is that user's property. Aviso's only right to that User Content is the limited licenses to it granted in this Agreement. Those licenses are described in Section 4 this Agreement.
Aviso grants you a limited, revocable, non-exclusive, non-sublicensable license to access the Site and to view, copy and print the portions of the Content available to you on the Site for personal use only or for use by your specific business; provided, however, that no Content may be distributed by you to any third parties without our express permission. Such license is subject to this Agreement, and specifically conditioned upon your compliance with this Agreement, including without limitation, Aviso's Acceptable Use Policy. Except as expressly permitted above, any use of any portion of the Content without the prior written permission of its owner is strictly prohibited and will terminate the license granted in this Section, this Agreement and your account with us. Any such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws. Unless explicitly stated herein, nothing in this Agreement may be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. The license in this Section is revocable by us at any time.
Therefore, by posting or distributing User Content to or through the Site, you (a) grant Aviso and its affiliates and subsidiaries a non-exclusive, royalty-free, transferable right to use, display, perform, reproduce, distribute, publish, modify, adapt, translate, and create derivative works from such User Content on the Site, in the manner in and for the purposes for which the Site from time to time uses such User Content; and (b) represent and warrant that (i) you own and control all of the rights to the User Content that you post or otherwise distribute, or you otherwise have the lawful right to post and distribute that User Content, to or through the Site; and (ii) the use and posting or other transmission of such User Content does not violate this Agreement and will not violate any rights of or cause injury to any person or entity.
If your User Content is intended for the use of other Users, you also grant us and our affiliates and subsidiaries a non-exclusive, royalty-free, transferable right to sublicense such User Content to such Users for their use in connection with their use of the Site.
These licenses from you are non-exclusive because you have the right to use your User Content elsewhere. They are royalty-free because we are not required to pay you for the use of your User Content on the Site. And they are transferable because we need the right to transfer these licenses to any successor operator of the Site. Our rights to "modify, adapt, translate, and create derivative works from" are necessary because the normal operation of the Site does this to your User Content when it processes it for use on the Site.
You may provide links to the Site, provided that (a) you do not remove or obscure, by framing or otherwise, advertisements, the copyright notice, or other notices on the Site, (b) your site does not engage in illegal or pornographic activities, and (c) you discontinue providing links to the Site immediately upon request by us.
We do not represent or warrant that the Site will be error-free, free of viruses or other harmful components, or that defects will be corrected. We do not represent or warrant that the information available on or through the Site will be correct, accurate, timely or otherwise reliable. We may make changes to the features, functionality or content of the Site at any time. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Site.
Third party content may appear on the Site or may be accessible via links from the Site. We are not responsible for and assume no liability for any content in a third park link, including, but not limited to, mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content on the Site. You understand that the information and opinions in the third party content represent solely the thoughts of the author and is neither endorsed by nor does it necessarily reflect our belief.
We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information.
You agree to indemnify, defend and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates (collectively, "Affiliated Parties") harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of this Agreement or use of the Site.
Your right to use the Site is not transferable or assignable. Any password or right given to you to obtain information or documents is not transferable or assignable without the prior written consent of Aviso.
THE INFORMATION, SERVICES, CONTENT, AND DOCUMENTS FROM OR THROUGH THE SITE ARE PROVIDED "AS-IS," "AS AVAILABLE," WITH "ALL FAULTS", AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE, EXCEPT AS PROVIDED IN SECTION 12(b). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMED.
(a) We and any Affiliated Party shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (i) any errors in or omissions from the Site or any services or products obtainable therefrom, (ii) the unavailability or interruption of the Site or any features thereof, (iii) your use of the Site, or (iv) the content contained on the Site.
(b) THE AGGREGATE LIABILITY OF US AND THE AFFILIATED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE AND/OR THE PRODUCTS, INFORMATION, DOCUMENTS AND SERVICES PROVIDED HEREIN OR HEREBY SHALL NOT EXCEED THE GREATER OF $100 OR THE AMOUNT SPENT ON SERVICES OR PRODUCTS OFFERED BY THE SITE, AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US AND ANY AFFILIATED PARTY.
Our Acceptable Use Policy, as it may change from time to time, is a part of this Agreement. You must review this Acceptable Use Policy by clicking on this link.
You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and the content and materials provided therein.
You may terminate this Agreement and your use of the Site at any time, however continued usage may be required of you by your school or educational institution. We reserve the right to terminate your User account and your use of the Site without prior notice if we believe in our discretion that you have violated or acted inconsistently with this Agreement or the Acceptable Use Policy. When your account is terminated, your User Content may remain in the Aviso system as long as you continued to be enrolled at the school or educational institution and your school or educational institution continues to use the Service.
You and we are independent parties, and nothing in this Agreement creates a partnership, employment relationship or agency. There are no third-party beneficiaries of this Agreement. You may not assign this Agreement, in whole or in part, to any third party without our prior, written consent, and any attempt by you to do so will be invalid.
This Agreement shall be treated as though it were executed and performed in Columbus, Ohio, and shall be governed by and construed in accordance with the laws of the State of Ohio (without regard to conflict of law principles). Any cause of action by you with respect to the Site (and/or any information, products or services related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in Sections 12 and 13. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party. This Agreement and all incorporated agreements and your information may be automatically assigned by us in our sole discretion to a third party in the event of an acquisition, sale or merger. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under this Agreement shall survive any termination of this Agreement.
When you visit the Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. 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.