Terms and Conditions
Avemac Systems LLC dba Avemac Consulting, its affiliates and subsidiaries (“Avemac“, “Avemac Systems“, “Avemac Consulting“, “us“, “we“, or “our“) are dedicated to providing our clients, prospective clients, the viewers, readers, accessors, and subscribers of this website (“www.avemacconsulting.com”, further known as the “Site“), and any other user, (collectively “you” or “your“) with professional courtesy and fairness and in return we expect the same treatment.
The Terms (including the Policy) comprise a binding agreement between you and Avemac. Please read these Terms and Policy carefully. By accessing or using this Site, you acknowledge and accept that you have read, understand and agree to be bound by the Terms and Policy without limitation or qualification and that you will comply with all applicable laws, rules and regulations. If you do not agree to be bound by the Terms and Policy, you are not granted permission to access or use the Site or the Content for any purpose and must cease access and use immediately.
Avemac, in its sole discretion, may modify or amend all or some portion of the Terms or Policy without notice to you. At all times, it is your responsibility to remain in compliance with the current version and all revisions of the Terms and Policy in effect at the time of your access or use of the Site.
These Terms and Conditions were last updated February 29th, 2020.
To aid consistency and comprehension, the following terminology has been defined and are used throughout the Terms and Policy.
“Associated Parties” is defined as all of the affiliates, predecessors, successors, parents, subsidiaries, officers, directors, shareholders, investors, employees, agents, and representatives; including their respective heirs, successors and assigns.
“Avemac” refers to and is synonymous with “Avemac Systems LLC”, “Avemac Systems”, “Avemac Consulting”, “us”, “we”, and “our”. These terms may be used interchangeably throughout the Terms or Policy.
“Content” is defined as any information, text, image, graphics, video, audio, code, script, software, concept, design, idea, approach, whitepaper, editorial, post, service, methodology, trademark, copyright, patent, intellectual property, product, data, documents or any other work.
“External Content” are links, content, or materials related to or provided by other companies, sites, products, services, affiliates or third parties, collectively known as external content.
“Personal Information” is defined as any information that can or could be used to identify a specific individual.
“Right” is defined as permission granted to you by us specifically to access or use the Site and Content in accordance with the Terms and Policy.
“Site” is defined as this specific website identified by the web address www.avemacconsulting.com.
“Terms” is defined as the terms and conditions statements collectively defined within the section titled “Terms and Conditions” on this page of the Site located at the website address “www.avemacconsulting.com/legal”.
“You” and “Your” are defined generically as you the individual (or affiliate acting on your behalf) that accesses or uses the Site. Specifically, these terms include, without limitation, our clients, prospective clients, affiliates, partners, and readers, viewers, accessors and subscribers of the Site, and any other user that accesses or uses the Site.
Your access or use of the Site or Content, information or materials provided by the Site are for informational purposes only and may have delays, omissions, errors and inaccuracies that render the information unreliable. All Content on the Site is provided to you with the understanding that the information and materials do not constitute consulting, business, career, investing, legal, financial or other advice or services. Content and information from the Site should not be relied upon for making any decisions, business or otherwise and should not be considered or used as a substitute for professional consultation. Avemac does not represent or endorse the accuracy or reliability of any Content or other information published, uploaded, downloaded or distributed on the Site by Avemac, any Content provider, any user, any subscriber or any other person or entity. You acknowledge and agree that any reliance upon the Content, information or materials provided by the Site shall be at your sole decision, liability and risk.
Avemac may alter, suspend or discontinue the Site or your access to or use of the Site at any time for any reason without notice or liability to you or any third party. Avemac shall not be liable for any damages to your systems, operations, software or data resulting from loss of Site access, Content changes, or for any reason, including, without limitation, maintenance and upgrades, errors or failures of computer equipment, network issues, hosting provider or upstream service interruptions, or software associated with and required to operate the Site.
Some jurisdictions prohibit the disclaimer of certain warranties or conditions or the limitation of certain types of liability. If any part of these Terms or Policy is deemed unlawful by said jurisdiction, that part shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
The Terms and Policy constitute the entire agreement between you and Avemac regarding access and use of the Site and Content made available on the Site. Except in accordance with our right to modify or amend these Terms and Policy, from time to time, the conditions set forth, in full or in part, may only be waived by a written and signed agreement between you and Avemac.
The Site is a platform intended for Avemac to publicly provide information related to its services, industry insights, technology and business guides, and other materials as we determine suitable and relatable to the promotion of our products and services. In addition, the Site may change, from time to time, and by Avemac’s sole discretion, to provide content or services not publicly accessible, such as premium or personalized content, subscription services, interactive community forums, client access portals, or other features relatable to our business.
Unless stated otherwise, without limitation, all Content, information, services or products made available on the Site are the property of Avemac. Some images, trademarks, copyrights, and content or services were licensed from external commercial, open source or publicly available sources and referred to or used in support of the Site; these materials are the property of their respective owners.
Without limitation, you shall not infringe upon, lay claim to, distribute, publish, reference, or use, in any way not permitted by the Terms, any and all Content, without the express, written permission of Avemac. You may not use the Content, trade names, trademarks, marketing materials, images or logos of Avemac in advertising or publicity without prior written permission from Avemac. Nothing in your access or use of the Site or the Terms grants to you any right, title or interest in or to the Site or Content except the limited right to use the Site and Content for your personal, non-commercial use as set out in the Terms. Unauthorized use of any Content may violate one or more applicable laws specific to our rights or the jurisdiction from which you are accessing or using the Site.
Subject to your continued compliance with the Terms and Policy, you are granted permission (the “Right“ as defined in the Definitions section) to access and use this Site solely for your personal, non-commercial and lawful purposes. The Right to access and use the Site and Content shall in no way be construed as a grant by implication, estoppel or otherwise, of any license or right to the Site, the Content or any third party.
Use of the Site by you shall be in accordance with all applicable laws, rules and regulations or as otherwise mandated and restricted by the Terms and Policy. You shall be responsible for compliance with any specific laws or regulations mandated by the jurisdiction from which you access, use or view Content made available by the Site.
All other rights are hereby expressly reserved.
By using the Site, Avemac does not grant you permission, by implication or otherwise, to perform any of the following:
- Advertise or publicly suggest Avemac promotes or endorses any third party’s political views, agenda, ideas, causes, products or services.
- Use for any commercial purpose, including manual, systematic, or automated download and storage of any Content, including, but not limited to, scraping, crawling or data mining.
- Attempt to or remove, alter or infringe upon any trademark, copyright or Content made available to you by accessing or using the Site.
- Infringe upon or misappropriate, or encourage the infringement or misappropriation of, any third party rights, copyrights, trademarks, intellectual property, or other proprietary contents or rights.
- Make available to the Site, through lawful means or otherwise, by submitting, hacking into, exploiting, posting or otherwise any intellectual property or materials protected by copyright, trademark, trade secret, right of publicity or privacy or any other proprietary right, without the express prior written consent of the applicable owner.
- Make available to the Site, through lawful means or otherwise, by submitting, hacking into, exploiting, posting or otherwise any, without limitation, materials, code, or scripts that are or may be construed or interpreted as: (i) libelous, fraudulent, defamatory, or otherwise wrongful; (ii) intimidating, degrading, threatening, hateful, harassing or otherwise disrespectful to the rights and dignity of others; (iii) pornographic, indecent, obscene, or otherwise objectionable; or (iv) malware, spyware, virus, worm, or other computer code, script, image, document, file or program whether harmful, or potentially harmful, that has been engineered with the intent of invading, hijacking, stealing, monitoring, collecting or disrupting the operation of the Site computer equipment, networks, firewalls, software, Content, intellectual property or personal user data.
- Attempt to or circumvent, alter, degrade or bypass any of the security systems or other protections enabled on the Site.
- Restrict, inhibit or interfere with the operation of the Site or another person’s use of the Site.
- Perform activities on the Site for any purpose that are fraudulent, illegal, or in violation of any laws.
- Replicate, create derivative works of, sell, distribute or otherwise exploit any portion of the Site or the Content (or any use of) without Avemac’s express written permission or the permission of the content owner if not owned by Avemac per the Terms.
- Use the Site or the Content for any purpose other than, as intended by us, the limited purpose of evaluating and learning about the products and services provided by Avemac and with your intent to use this information to determine Avemac’s viability as a future provider.
The Site and the Content provided are not intended, designed or directed towards anyone under the age of 18 or under the age of majority in the jurisdiction in which you reside. In any event, Avemac does not intentionally or knowingly support access or use of the Site by, or collect information from, anyone under the age of 13. If you do not meet these criteria you must not use the Site.
Third Party Services
The Site may contain references and links to products and services owned and controlled by other companies not affiliated with Avemac Consulting in any way. You agree and acknowledge, that by using or accessing these products and services, you permit us to send your information to these external companies and you acknowledge we are not responsible for how these other companies use your information. The Site may also contain links to external websites with their own terms and conditions, you agree and acknowledge, that by following any of these links that you are leaving the Site and that we are not responsible for any actions, situations, damages or issues that may occur from accessing websites outside of our control.
By placing links, content, or materials related to or provided by other companies, sites, products, services, affiliates or third parties (collectively described as the “external content” in the Definitions section) on the Site, Avemac takes no responsibility for the external content and in no way endorses, makes representations, provides judgment or warranties with respect to the external content; whether implied or otherwise.
To the maximum extent permitted by applicable law, you and your affiliates agree to indemnify, defend, and hold harmless Avemac, its associated parties, and its insurers from and against any and all claims, liabilities, damages, losses and expenses (including reasonable attorneys’ fees and costs) arising out of or relating to: (i) your access to or use of the Site; (ii) any breach or violation by you of the Terms or Policy, the representations, warranties, and covenants you have made by agreeing to these Terms and Policy, or any law or regulation; (iii) your violation of anyone’s rights, including, but not limited to, copyright or trademark infringement, or intellectual property rights; or (iv) any disputes between you and a third party. In the event of any such claim, we retain the right to assume exclusive control and defense of the claim; without limiting your indemnification responsibilities.
Disclaimer of Warranties
THE SITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, PRODUCTS AND SERVICES THEREIN, IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OR REPRESENTATIONS, EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, AND ANY WARRANTIES ARISING FROM THE COURSE OF DEALING, USAGE OR TRADE. AVEMAC DOES NOT GUARANTEE OR WARRANT THE INFORMATION ON THE SITE IS CORRECT, ACCURATE, RELIABLE, FREE OF HARMFUL COMPONENTS, THAT ERRORS OR HARMFUL COMPONENTS WILL BE CORRECTED, OR THAT THE SITE, PRODUCTS OR SERVICES WILL BE UNINTERRUPTED.
YOU HEREBY ACCEPT AND ACKNOWLEDGE THAT ACCESS AND USE OF THE SITE, CONTENT, PRODUCTS AND SERVICES ARE AT YOUR SOLE RISK AND YOU ASSUME ALL RISK FOR DAMAGES THAT MAY RESULT FROM YOUR USE OR ACCESS OF THE SITE.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AVEMAC AND ITS ASSOCIATED PARTIES, DISCLAIM ALL LIABILITY FOR ANY LOSS OR DAMAGES OF ANY KIND ARISING FROM, OUT OF OR RELATING TO YOUR ACCESS OR USE OF, OR INABILITY TO USE, THE SITE AND ANY RELATED CONTENT, AND IN NO CIRCUMSTANCES SHALL AVEMAC AND ITS ASSOCIATED PARTIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, STRICT LIABILITY OR OTHERWISE AND INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS OR REVENUES, GOODWILL, WORK STOPPAGE, SECURITY BREACHES, VIRUSES, COMPUTER FAILURE OR MALFUNCTION, USE, DATA OR OTHER INTANGIBLE LOSSES OR COMMERCIAL DAMAGES, EVEN IF AVEMAC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AVEMAC AND ITS ASSOCIATED PARTIES SHALL NOT BE RESPONSIBLE OR LIABLE TO YOU OR ANY OTHER ENTITY FOR ANY FAILURE OF PERFORMANCE, ERROR OR OMISSION, ANY CONTENT OR INFORMATION MADE AVAILABLE BY THEM, ANY DECISION MADE OR ACTION TAKEN IN RELIANCE ON THE WEBSITE OR THE INFORMATION MADE AVAILABLE THROUGH THEM, ANY INTERRUPTION OF THE SITE, OR MODIFICATION TO THE SITE OR CONTENT, ANY COMPUTER VIRUS, OR FOR ANY LOSS OR DAMAGES, INCLUDING CONSEQUENTIAL, SPECIAL OR SIMILAR DAMAGES, THAT ARISE OUT OF OR IN CONNECTION WITH YOUR ACCESS OR USE OF THE SITE OR FOR ANY CONTENT OR INFORMATION OBTAINED BY YOU IN CONNECTION WITH THE SITE.
Governing Law and Dispute Resolution
Avemac operates and is headquartered in the State of Iowa of the United States of America. As such, you agree that these Terms and Policy are governed and interpreted pursuant to the laws of the State of Iowa of the United States of America, notwithstanding any other provision of law. In the event any legal proceedings are brought against Avemac (or we bring proceedings against you), you specifically acknowledge and agree that Avemac is free to choose the jurisdiction of our preference for these proceedings; which by default will be held in Iowa regardless of your location or from what jurisdiction you visited the Site.
Electronic Communications and Privacy
Avemac is committed to protecting your privacy and provides this Policy as definition and description for how we collect, use and share the personal information you provide to us, and your individual rights with respect to your personal information.
Solely for, and in the course of operating, our legitimate business operations we may use your personal information for multiple reasons as defined in this Policy. It is our intent to limit our use of your personal information to the minimal extent necessary to meet our business need and provide you with a positive experience, which includes, but may not be limited to; (i) providing products or services to you as a client; (ii) contacting you with regard to employment inquiries; (iii) sending you marketing and sales communications; or (iv) interacting with you regarding Content you accessed or used related to or arising from the Site.
This Policy applies to this specific website, referred to as the Site, and does not apply to third party websites that may be linked through this Site. Other websites operated by Avemac will have privacy statements specific to each of those sites.
As of this update, the Site only collects personal information from you in order to contact our sales department and by third party tracking solutions that will also collect your IP address for the purpose of Site analytics. Any contact information collected directly by the Site is securely transmitted away from the Site to computer equipment not accessible by the public.
We may share your personal information for business purposes, but we are not in the business of collecting data (personal or otherwise) and we will never sell your personal information.
If we do share your information, it will be for one or more reasons defined below under “Information Processing” and only if we are legally permitted to do so, the information sharing transaction is protected by contractual agreements and meets our security standards.
The “Information Processing” section will define specifically how we use your personal data internally. Collectively, we use your personal data for one or more of the following purposes:
- Analyzing how the Site is used by visitors.
- Improving the operational and functional efficiency of the Site.
- Adding or improving Content made available on the Site.
- Creating or improving our products and services.
- Contacting our Sales department and replying to your requests.
- Identifying and eliminating potential security risks.
- Preventing or reducing spam, fraud, or other crimes.
- Creating mailing lists and providing you with marketing materials.
- Sending you notifications of events, products or services.
- Conducting surveys.
Protecting your privacy, and especially the privacy of children, is very important to us. The Site and the Content provided are not intended, designed or directed, intentionally or knowingly, towards anyone under the age of 13. We will never intentionally or knowingly collect, maintain or process personal information from anyone under the age of 13.
Our use of the information we collect from you varies dependent upon the context of our interaction. It is possible to fall into more than one category simultaneously. The Site interacts with the following types of users:
- General Site Visitors, defined as users researching or learning about our products and services.
- Content Subscribers, defined as users that signup to receive our newsletter or blog posts automatically.
- Premium Content, defined as users who register an account and pay for premium services like whitepapers, market and industry research.
- Client Prospects, defined as visitors to the Site that utilize the Contact form to get in touch with us.
- Client, defined as a site user with a contractual agreement in place with us and with access to our client portal.
- Employment Candidates, are defined as potential employees who register with and provide their resume for consideration.
- Others, are any other users of the site that may use the contact form to reach us for non-sales related questions.
When accessing or using the Site, there are several ways your personal information may be collected: 1) your IP address will be collected through analytics technologies utilized by the Site and also logged by the web server technology used to serve up the Site Content; 2) third parties that specialize in pixel or enhanced analytics technologies may provide us with general demographic details about you; 3) you signup for a content subscription by providing us with your name and email address; 4) you contact us through the Contact form and provide at least your name, email address, and reason for contact; 5) you signup for premium content by creating an account with us; 6) you agree to take a survey regarding the Site, Content or your business interests related to our products and services that may require your name and email address.
At a minimum your IP address will be collected and used to track your movements on the Site. While your IP address will be collected, we have no interest in this data beyond our analysis of how our Site is used, which Content is or is not performing well or how Site activity may help us improve our products and services. In addition, your IP may also be used to identify offensive behavior or use of the Site and may be blocked from accessing the Site.
We also deploy pixel style tracking or enhanced analytics software on the Site, from third party providers. With this type of analytics tracking, we collect general demographic information about you to help us understand the types of visitors we have on the Site and the Content accessed. This information enables us to create better products and services, and allows us to tailor content to your background with the intent of providing you with a better experience while using the Site.
If you decide to contact us via the Contact form, several things will occur:
- You will need to provide at minimum, your name, email address, and the service(s) you are interested in.
- A third party spam identifying software will evaluate your behavior to determine if you should have access to submit the form. This is to help reduce automated processes from sending spam into our company as valid requests.
- Information you provide will be stored on a secure server so we may process your request.
- If you select the “Opt-In” checkbox, you are requesting to be part of our frequently occurring news, event or announcement updates. Any message sent to you, related to news, events or announcements will contain an “Opt-Out” link you may follow if you decide to cancel receiving notices from us.
- If you do not check the “Opt-In” checkbox, you are still agreeing to be contacted by one of our representatives so we may process your request.
- You will need to provide at minimum, your name, email address, and select each checkbox for the content you are interested in receiving.
- A third party spam identifying software will evaluate your behavior to determine if you should have access to submit the form. This is to help reduce automated processes from sending spam into our company as valid requests.
- Information you provide will be stored on a secure server so we may process your request. Any message sent to you, related to the content subscription service will contain an “Opt-Out” link you may follow if you decide to cancel receiving content from us.
Becoming a Client
Your IP address, and potentially pixel tracking or enhanced analytics details, may be made available to third party providers. The enhanced analytics services may provide general demographic details about you that we use to analyze Site usage, personalize content and make your experience on the site better. We may also share your name and email address with third-party contact services for sending out surveys or content specific to services you have signed up for.
See also the section “Third Party Content and Support” for additional reasons we may have to share your personal information.
Your personal information is held for as long as needed to fulfill our operational needs or you have requested your personal information be removed. We will comply with your request to remove your information baring any legal requirement that prohibits removal.
Third Party Content and Support
We use third party services and products to operate the Site and your personal information will transit and potentially be stored within any of these products or services. For example, this Site utilizes cloud-based website hosting, open source database systems, open source web server software, and cloud-based network security systems.
In the course of doing business, we employ agencies that provide professional services, for example, accountants, auditors and lawyers, to assist us with planning and operating the business. Your personal information may be shared during the course of these activities. We also have insurance policies that may require your personal information in the event of a claim.
At any point a corporate change or transaction occurs, for example, a reorganization, merger, or sale, we may disclose your personal information to those third parties involved in the transaction.
If requests are made, from government agencies with the authority to obtain your personal information, for example, to investigate a crime, we will disclose your personal information in accordance with applicable laws.
This site uses activity monitoring solutions from third parties to help us understand how Site visitor use our website and Content. The third party providers will collect usage data (that does include your IP address) used to create activity and resource usage reports. These third parties may employ their own third parties to consume and process this data on their behalf.
Some browsers may support the ability to set a “Do Not Track” configuration option. This may or may not work correctly and is dependent upon the third party providing the analytics and tracking features.
Your Personal Data Rights
Generally, except with regard to rules specifically defined within each category under “Information Processing“, if you have provided personal information to us you may;
- Request to receive an archive file of the personal information you have provided to us.
- You may request that any personal information you provided be erased; excepting personal information we must retain for administrative, legal or security concerns.
- Opt-out of any electronic correspondence by following the “Opt-Out” or “Unsubscribe” link embedded within each message.
Security and Data Protection
The Site implements operational and technical procedures to protect your personal information from unauthorized access. We ensure all personal information transmitted to this Site is done so using secure, encrypted Internet protocols. That being said we cannot control what occurs on the Internet outside of the Site and it is possible your personal information could be hijacked before it reaches us. Consequently we cannot warrant or guarantee the transfer of data over the Internet and we shall not be liable for any disclosure, damages, harm or otherwise.
We add an additional layer of security to the Site by not storing your personal information on the same equipment that the Site operates, but instead storing and using your personal information on equipment that is not publicly accessible.
We maintain the right to modify this Policy at any time and for any reason without notification to you. Your use of the Site following any modification constitutes your acceptance of the modifications.
The Site uses “cookies” for several reasons. A cookie is a small file saved to your local computer that is used to store information about your session with the Site related to commenting, posting or creating an account. Cookies are used to store your consent with the Terms and Policy of the Site, for identifying spam content, and also for Site activity monitoring by third parties as defined under the “Analytics” section of the Policy.
Other than the current IP address of your computer, no personal information is stored within the cookies implemented by this Site. Third party cookies used for activity tracking may employ other methods to tie your use of the Site to other browsing activities on your computer. We advise monitoring cookies stored on your computer from time to time and researching how those third parties use your personal information.