Last Updated: August 16, 2017

The following are the Terms Of Service between you the User and the owner of the Avizr.com website (“Avizr”). If you continue to use this website then you agree to be bound by the Terms Of Service as set out below. These Terms may be modified at any time and at the sole discretion of Avizr so it is the User’s responsibility to review the Terms from time to time. These terms become effective when you electronically accept the terms.

All of the terms below apply to users who create the account (“Owner”). Users who create courses (“Trainers”) agree to all sections but the Payments section. Users who take courses (“Trainees”) agree to the sections Continuation of Service, Termination, Privacy, Copyright, Liability Disclaimer, Severability; Interpretation, Governance, Changes.


Subscription Fees

To maintain your account in good standing you agree to pay Avizr all subscription fees. Applicable taxes, when appropriate, will be charged on top of subscription fees. Fees can be paid on a monthly basis or annual basis. Monthly subscriptions that are canceled will receive no refund. Annual subscriptions that are canceled will receive a refund prorated by assuming the fee for a monthly subscription for time spent in the subscription period for the same level plan.

Avizr can change the subscription fees at any time, without prior notice, with the new fees charged the following period. However, you will receive an email notification on any change in fees. If you are unwilling to pay the new fee, you should terminate your account immediately.

In order to pay the subscription fees, we require a valid credit card to be on file. If your credit card is not valid, you will have 3 days with which to update your credit card information. Failure to do so will result in the termination of your account.

Owners who need more unqiue users than are allocated in the Premium Plan should contact Avizr directly for overage pricing.


Third-party integrations

Avizr integrates with third parties to serve its content. Users who upload video will have content served through Vimeo. Users who upload documents will have content served through Box. Users who sell courses will be integrated with Shopify. Avizr does not provide support to create videos, documents, or create a Shopify storefront. Avizr will not be held liable for any interruption in service due to an issue with a third party integration. In addition, integrations with any third party may be discontinued at any time. Users will then have to adjust their content as needed.


Content

Users who upload content to the system will only upload material that they own or material for which they have been given express consent to upload to the system. Ownership of content uploaded to Avizr remains with the Owner or Trainer who uploaded the content. Videos and Documents uploaded to the system by Owners and Trainers give Avizr express consent to upload them to Vimeo and Box respectively. Videos and Documents uploaded to the sytem must not violate any Content terms by Vimeo or Box, respectively.

In addition, no course may contain any material which promotes discrimination or hate towards any group or is unlawful in any way, shape, or form. Further, it is at the sole discretion of Avizr to determine whether content violates any of the above restrictions.

If any of the content violates these terms, it will be removed immediately from the system.


Continuation of Service

Avizr’s service is provided through a managed service provider, which is hosted on Amazon’s S3 and an EC2. While we do our best to ensure maximum uptime, we make no guarantee of any uptime.


Support

Avizr provides technical support to Owners in creating courses. Trainees who put in support requests through the site will be forwarded to the Owners. If the Trainee support requests are of a technical nature involving issues with the site such as problems downloading certificates or site login issues, then Avizr will help to resolve the issue. Avizr is not responsible for issues related to courses which are created with inherent issues such as, but not limited to, videos that don't work, links that are not available, or unclear course content.


Data

While we backup data on the site daily, it is the user’s responsibility to maintain copies of all data that is uploaded to the site. Avizr takes no responsibility for any loss of data nor do we take responsibility for data corruption.


Canceling An Owner's Account

It is your responsibility to delete courses before you cancel your account otherwise they will remain on our server. If you do cancel your Account, then we will send an email to all of your Trainees letting them know that they will no longer be able to access your courses. In addition, we will tell them to contact you by email should they have additional questions.

If after a cancellation, you wish to re-activate your account, please contact us to for assistance. After we re-activate your account, you'll need to purchase a subscription so that you and your trainees can have access to the platform.

If, in addition, if you would like your user credentials removed from the system,

  1. Delete all of your courses before you cancel your account.
  2. Send an email to support@avizr.com

Once your courses are removed, and we acknowledge receipt of your request, your user credentials will be removed within 48 hours.


Termination

At its sole discretion, Avizr may terminate your account at any time, for any reason. In addition, your account will be terminated if you harass/threaten other Users or Avizr support, perform any illegal or unethical activity using Avizr, or make any attempt at disrupting Avizr for any of its users.


Copyright

Avizr’s logo and site concept are all under copyright. You may not use or copy any aspect of the site without the direct written consent by Avizr.


Liability Disclaimer

You agree that the use of Avizr is at your sole risk. Avizr and the materials contained herein are provided on an “as is” and “as available basis, Avizr and their employees and other representatives (collectively “Avizr entities”) disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchant ability, fitness for a particular purpose and non-infringement. Avizr entities make no warranty that this site will meet your requirements, this site will be timely, secure, error-free or uninterrupted, nor that t he results obtained through this site will meet your expectations and any site errors will be corrected. Any material downloaded or otherwise obtained through this site is done at your own risk and you are solely responsible for any damage to your computer system or loss of data that results from the download of any material. No information obtained by you from Avizr entities or through this site shall create any warranty not expressly stated in this agreement.

To the maximum extent permitted by applicable law, in no event shall Avizr entities be liable for any damages of any kind arising out of, in connection with or related to the use of or inability to use this site, including liability as a publisher of information, reseller of any products or services, for any defective products, for any incorrect information or inaccurate information, for any unauthorized access to or disclosure of your transmissions or data, for statements or conduct of any third party on this site or for any other matter relating to this site or any third party website. This is a comprehensive limitation of liability that applies to all damages of any kind, including any direct, indirect, incidental, special or consequential damages (including damages for loss of business, loss of profits, loss of good will, loss of use, loss of data, cost of procuring substitute goods, services or information, litigation or the like), whether based on reach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if an individual advises of the possibility of such damages. The limitations of liability set forth herein are fundamental elements of the basis of the agreement between Avizr and you.

The products, information and services offered on and through this site would not be provided without such limitations, notwithstanding the foregoing, the sole and entire maximum liability of Avizr for any reason, and your sole and exclusive remedy for any clause or claim whatsoever, shall be limited to the amount by your for any product, information, or service purchased by you on this site. Because some states and/or jurisdictions do not allow the disclaimer of certain warranties or the limitation or exclusion of liability for certain types of damages, accordingly, some of the above disclaimers and limitations may not apply to you. If you are dissatisfied with any portion of this site, or with any of the terms of use, your sole and exclusive remedy is to discontinue using this site.


Indemnification

You agree to indemnify, defend and hold harmless Avizr Entities from and against all losses, expenses, costs and damages including attorney's fees, resulting from your use of or contact on this Site, your use or your inability to use this Site or services, any products or services purchased or obtained by you in connection with this Site, your violation of any terms of this Agreement, your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. You agree to cooperate as fully as reasonably required in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you will still be required to indemnify us for the attorney fees and expenses in addition to any losses, claims, damages and liabilities incurred by us. You shall not in any event settle any matter without prior written consent of Avizr.

Avizr makes no representation that Materials contained on this Site, or that products described or offered on this Site, are appropriate or available for use in jurisdictions outside the United States, or that this Agreement complies with the laws of any other country. Users to this Site outside the United States do so at their own initiative and risk and are responsible for complying with all applicable laws and regulations. You agree not to access this Site from any location or territory where its contents are illegal; and you, not Avizr are responsible for compliance with all applicable laws and regulations.


Severability; Interpretation

If any provision of this Agreement is deemed void, unlawful, or otherwise unenforceable for any reason, that provision will be severed from this Agreement and the remainder of this Agreement will remain in force. When used in this Agreement, the term "including" will be deemed to be followed by the words "without limitation".


Governance

The laws of the state of Washington shall govern the validity of these Terms Of Service, the construction of its terms and the interpretation of the rights and duties of the parties hereto. If any provision of these Terms of Service, or any portion thereof, is held to be invalid and unenforceable, then the remainder of these Terms Of Service shall nevertheless remain in full force and effect.


Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. It is your responsibility to see if the Terms have changed by periodically visiting the Terms Of Service page. By continuing to use Avizr, you agree to any and all modifications of the Terms Of Service.