Last Revised: March 2, 2023
The following terms and conditions (the “Terms of Use”) constitute a binding agreement between you and Aspect Avy, Inc. (together with its affiliates, “Aspect Avy,” “we,” or “us”) with respect to your use of our mobile application (“Mobile App”), web site (“Site”), and the services available on the Mobile App and/or Site, including any Content (as defined in Section 5 below) (collectively, the Mobile App, Site, and Content are hereinafter referred to as the “Services”). BY ACCESSING OR USING THE SERVICES IN ANY MANNER (WHETHER AUTOMATED OR OTHERWISE), YOU (A) ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO THESE TERMS OF USE AND OUR PRIVACY NOTICE [ADD LINK], WHICH IS INCORPORATED HEREIN BY REFERENCE, AND (B) AFFIRM THAT YOU ARE AT LEAST 18 YEARS OF AGE (OR HAVE REACHED THE AGE OF MAJORITY IN THE JURISDICTION WHERE YOU RESIDE). IF YOU DO NOT AGREE TO THESE TERMS OF USE OR OUR PRIVACY NOTICE, DO NOT USE THE SERVICES.
Changes to Terms of Use. We may revise and update these Terms of Use from time to time in our sole discretion. The date these Terms of Use were last updated is set forth at the top of this page. All changes are effective 15 days after posting for current users and immediately for new users, and apply to all access to and use of the Services thereafter. Your continued use of the Services following the posting of revised Terms of Use means that you accept and agree to the changes.
Safety. Each person participating in activities where the use of our Services may be beneficial understands the HAZARD AND RISK OF PHYSICAL INJURY AND/OR DEATH. You assume the danger and risk of said activity including but not limited to, property damage, physical injury, and/or death. Aspect Avy encourages proper education and training before venturing into dangerous terrain such as avalanche terrain. You represent that you are in good health and that there are no special problems associated with your physical or mental condition. You also represent that you have, at a minimum, received a level one avalanche training by an accredited educator.
Additionally, you expressly acknowledge and assume all additional risks and dangers that may result in property damage, physical injury and/or death that may be above and beyond the inherent dangers and risks of the activity, including, but not limited to: falling or loss of balance; icy, slick or uneven surfaces; avalanches, cornices and crevasses; collisions with natural or man-made objects, other people, snowmobiles and/or other motor or over-snow vehicles; bumps; moguls; tree wells and stumps; downed timber and other forest growth; rocks, drainage channels, streams, creeks, holes, debris, and other rugged mountainous terrain; marked and unmarked obstacles; unmaintained or unmarked trails/roads or trail obstructions; your negligence or failure to act safely (including a selection of terrain that exceeds your ability); or falling snow or ice from natural sources, varying visibility, storms, lightning, hail, snow and other adverse weather; becoming lost or separated; lack of shelter; limited access to and/or delay of rescue efforts or medical attention; your health condition, physical exertion, exhaustion, dehydration, hypothermia, altitude sickness, other sickness, or frostbite; and/or mental distress from exposure to any of the above. I UNDERSTAND THAT THE DESCRIPTION OF THE RISKS IN THIS AGREEMENT IS NOT COMPLETE, AND I VOLUNTARILY CHOOSE TO PARTICIPATE IN AND EXPRESSLY ASSUME ALL RISKS AND DANGERS OF THE ACTIVITY AND THE POSSIBILITY OF BODILY INJURY, DEATH, PROPERTY DAMAGE AND LOSS RESULTING THEREFROM, WHETHER OR NOT DESCRIBED HERE, KNOWN OR UNKNOWN, INHERENT OR OTHERWISE.
Location-Based Services. Some features of the Services make use of detailed location and navigation information, for example in the form of GPS signals and other data sent by your Mobile Device (defined below) on which you have installed the Mobile App and activated the Services. These features cannot be provided without using this standard technology. You acknowledge that you are agreeing to give the Services and Aspect Avy your location data, pursuant to the Privacy Notice. You understand that the nature of location-based services is such that this information is available to you and to those other users with whom you’ve chosen to disclose location information and that Aspect Avy cannot control what you or other users who receive this information when using the Services will do with it. Among the various features of the Services, the Services use your location and route information to create a detailed location history of all of your journeys made when using the Services. This history is retained by Aspect Avy in accordance with the Privacy Notice.
You should not endanger yourself or others by viewing a portable Mobile Device while driving, operating dangerous mechanical devices, engaging in sports activities or in other situations in which you should be observing your surroundings.
Map, Weather, and Route Services. The Services may provide information regarding terrain, weather, and other geographical information. We collect information such as forecasting data from various, third-party sources and present the information to our users. Further, we use mapping layers that are based on the United States Geological Survey (USGS) data set. Aspect Avy cannot guarantee such information is accurate and is not liable for any data provided by third parties and accessed through the Services or for your use of such third-party data.
Slopes. It is possible that the angle of a slope has been underestimated or, on the contrary, is significantly steeper than described. It is your responsibility to verify angles with a slope meter.
Trespass. You agree that in connection with your use of the Services, you will not trespass on, or in any manner attempt to gain or gain access to any property or location where you do not have a right or permission to be (“Private Property”). You acknowledge that Aspect Avy does not have and affirmatively disclaims any obligation or ability to provide you with complete and accurate information regarding the whereabouts of Private Property you may encounter when using or in connection with your use of the Services. Regardless of whether Aspect Avy designates any Content with a warning regarding its proximity to Private Property, you are solely responsible for obtaining all required permissions to approach or enter Private Property in connection with your use of the Services
Disruptive and Disrespectful Use. You agree to be mindful and respectful of places you visit in connection with your use of the Services. You agree that your use of the Services will be appropriate to the environment around you and that you will not create excessive noise, dangerous conditions, or other disturbances in connection with your use of the Services. You agree to act in a manner that is respectful and appropriate to the areas where you use the Services, including while interacting with other people, disposing of trash, using restroom facilities, using the Services in large groups, parking your vehicle, and otherwise.Map, Weather, and Route Services. The Services may provide information regarding terrain, weather, and other geographical information. We collect information such as forecasting data from various, third-party sources and present the information to our users. Further, we use mapping layers that are based on the United States Geological Survey (USGS) data set. Aspect Avy cannot guarantee such information is accurate and is not liable for any data provided by third parties and accessed through the Services or for your use of such third-party data.
Scope of and Restrictions on Use of the Services. Subject to these Terms of Use, Aspect Avy grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to (a) access and use the Services for your personal, non-commercial use, including any graphics, text, instructions, images, audio files and/or other sounds, videos, and other materials you may view on, access through, or are otherwise related to the Services (collectively, the “Content”), and (b) download and install the Mobile App on mobile devices owned or otherwise controlled by you (each, a “Mobile Device”). Except as otherwise provided in these Terms of Use, the Content may not be copied, downloaded, or stored in a retrieval system for any other purpose, nor may it be redistributed, reused, or modified for any purpose, without the express written permission of Aspect Avy. You agree not to:Map, Weather, and Route Services. The Services may provide information regarding terrain, weather, and other geographical information. We collect information such as forecasting data from various, third-party sources and present the information to our users. Further, we use mapping layers that are based on the United States Geological Survey (USGS) data set. Aspect Avy cannot guarantee such information is accurate and is not liable for any data provided by third parties and accessed through the Services or for your use of such third-party data.
• collect information from the Services using an automated software tool or manually on a mass basis;
• use automated means to access the Services, or gain unauthorized access to the Services or to any account or computer system connected to the Services;
• obtain, or attempt to obtain, access to areas of the Services or our systems that are not intended for access by you;
• “flood” the Services with requests or otherwise overburden, disrupt, or harm the Services or our systems;
• restrict or inhibit other users from accessing or using the Services;
• modify or delete any copyright, trademark, or other proprietary rights notices that appear on the Mobile App, Site or in the Content; or
• access or use the Services or Content for any unlawful purpose or otherwise beyond the scope of the rights granted herein.
If you download the Mobile App, you further agree not to:
• copy the Mobile App (except to install it on your Mobile Devices);
• modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Mobile App;
• reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Mobile App or any part thereof;
• rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Mobile App or any features or functionality of the Mobile App to any third party for any reason, including by making the Mobile App available on a network where it is capable of being accessed by more than one device at any time; or
• remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Mobile App.
Ownership. The Services are owned by Aspect Avy and its licensors and are protected under copyright, trademark, and other applicable United States and international laws and treaties. Without limiting the foregoing, the trademarks, service marks, and logos displayed on the Mobile App or Site are registered and unregistered marks of Aspect Avy and its licensors. The Services are licensed, not sold, to you. You acknowledge and agree that, as between you and Aspect Avy, Aspect Avy is and shall remain the sole owner of the Services, including, without limitation, all patents, copyrights, trademarks, trade secrets, and other intellectual property and proprietary rights therein and thereto.
Account Registration and Security. Access to and use of certain Services may require you to register for an account. You agree to provide true, accurate, current, and complete information about yourself as prompted by the applicable registration or log-in form, and you are responsible for keeping such information up to date. You are responsible and liable for all activities conducted through your account, regardless of who conducts those activities. You may not share your account with anyone or allow anyone else to access or use your account. You are responsible for maintaining the confidentiality of your account information, including your username and password. You agree to immediately notify Aspect Avy of any unauthorized use of your account, or any other breach of security. We are not liable for any loss or damage arising from your failure to protect your username or password.
User Content
User Content and Restrictions. The Services may enable users to submit, upload, share, display, or transmit to other users (hereinafter, “post”) user-generated content such as routes (collectively, “User Content”). You may not post any User Content that:
• contains any material that could give rise to any civil or criminal liability under any applicable laws, rules, or regulations or that otherwise may be in conflict with these Terms of Use;
• infringes upon, misappropriates, or otherwise violates any intellectual property rights or other rights of a third party;
• encourages criminal conduct;
• contains false, misleading, fraudulent, or deceptive claims or content;
• gives the impression that it emanates from or is endorsed by Aspect Avy or any other person or entity, if this is not the case; or
• contains any virus, malware, spyware, or other harmful content or code.
Rights You Grant to Us. You hereby grant to Aspect Avy an irrevocable, perpetual, non-exclusive, transferable, sublicensable, royalty-free, worldwide right and license to use, reproduce, display, perform, distribute, and prepare derivative works of any User Content you post on or through the Services for any purpose and in all forms and all media, whether now known or that become known in the future, and you waive any and all claims that you may have now or may hereafter have in any jurisdiction to so-called “rental rights,” “moral rights,” and all rights of “droit moral” in that User Content, even if the User Content is altered or changed in a manner not agreeable to you. If you post User Content, you represent and warrant to Aspect Avy that you own or control all rights in and to such User Content and have the right to grant the rights above to us.
Responsibility for User Content. You agree that you are solely responsible for your User Content, and you acknowledge and agree that Aspect Avy is not responsible for, and does not endorse, any User Content.
No Obligation to Prescreen, Monitor, or Use. Aspect Avy does not have, and does not undertake, any obligation to prescreen, monitor, edit, or remove any User Content posted on or through the Services. However, Aspect Avy retains the right (but not the obligation), in its sole discretion and for any reason, to prescreen, monitor, edit, remove, or move User Content posted on or through the Services. You acknowledge and agree that we are not obligated to post, keep, or use your User Content.
Submitted Ideas. While we appreciate your interest in the Services and our business, Aspect Avy does not want and cannot accept any ideas or information users consider confidential and/or proprietary. This is to avoid the possibility of future misunderstandings when projects independently developed by or on behalf of Aspect Avy might seem to others to be similar to users’ own creative ideas, suggestions, and/or materials. Except with respect to your personal information as expressly provided for in our Privacy Notice[ADD LINK], all comments, suggestions, ideas, drawings, concepts, or other information or materials disclosed or offered to us by you via the Services or in response to solicitations on the Mobile App or Site shall be deemed to be non-confidential and non-proprietary.
Electronic Communications. The communications between you and Aspect Avy via the Services use electronic means. For contractual purposes, you consent to receive communications from us in electronic form, and you agree that all terms and conditions, agreements, notices, disclosures, and other communications that we electronically provide to you satisfy any legal requirement that such communications be in writing.
Privacy Notice. You acknowledge and agree that all information collected by Aspect Avy is subject to our Privacy Notice. By using the Services, you consent to all actions we take with respect to your information in compliance with our Privacy Notice.
Mobile App and Site Updates. Aspect Avy may, from time to time in its sole discretion, develop and provide Mobile App and Site updates, which may include upgrades, bug fixes, patches and other error corrections and/or new features (collectively, “Updates”). Updates may also modify or delete in their entirety certain features and functionality of the Services. You agree that Aspect Avy has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality of the Services. Based on your Mobile Device settings, when your Mobile Device is connected to the Internet, either (a) the Mobile App will automatically download and install all available Updates, or (b) you may receive notice of or be prompted to download and install available Updates. You agree to promptly download and install all Updates and acknowledge and agree that the Mobile App, Site, or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Mobile App and Site and will be subject to these Terms of Use.
Change and Suspension.
Changes to the Services. Aspect Avy reserves the right to make changes to, suspend, or discontinue (temporarily or permanently) the Services or any portion thereof (including any Content) at any time. You agree that Aspect Avy will not be liable to you or to any third party for any such change, suspension, or discontinuance.
Suspension/Termination of Access. Aspect Avy has the right to deny access to, and to suspend or terminate your access to, the Services or to any features or portions thereof, at any time and for any reason, including if you violate these Terms of Use. If we suspend or terminate your access to the Services, you will continue to be bound by the Terms of Use that were in effect as of the date of your suspension or termination.
Disclaimer: Release: Limitation of Liability
Disclaimer of Warranties. THE SERVICES ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, AND ASPECT AVY HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NEITHER ASPECT AVY NOR ANY PERSON ASSOCIATED WITH ASPECT AVY MAKES ANY REPRESENTATION OR WARRANTY WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY INFORMATION OR DATA PROVIDED THROUGH THE SERVICES, AND SUCH INFORMATION AND DATA SHOULD NOT BE CONSTRUED OR USED AS A LEGAL DESCRIPTION. ASPECT AVY IS NOT RESPONSIBLE FOR THE MISUSE OR MISREPRESENTATION OF THE INFORMATION AND/OR DATA PROVIDED THROUGH THE SERVICES, AND ANY RELIANCE YOU PLACE ON SUCH INFORMATION AND/OR DATA IS THEREFORE STRICTLY AT YOUR OWN RISK. WITHOUT LIMITING ANY OF THE FOREGOING IN THIS SECTION 13.1, NEITHER ASPECT AVY NOR ANYONE ASSOCIATED WITH ASPECT AVY REPRESENTS OR WARRANTS THAT THE SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
Release. ACTIVITIES ASSOCIATED WITH THE SERVICES CAN AT TIMES INVOLVE RISK OF INJURY, DEATH, PROPERTY DAMAGE, AND OTHER DANGERS ASSOCIATED WITH SUCH ACTIVITIES. YOU UNDERSTAND THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ASPECT AVY CANNOT AND DOES NOT ASSUME RESPONSIBILITY FOR ANY SUCH BODILY INJURY, DEATH, OR PROPERTY DAMAGE RESULTING FROM YOUR USE OF THE SERVICES, AND YOU HEREBY KNOWINGLY AND INTENTIONALLY FULLY RELEASE AND HOLD HARMLESS ASPECT AVY AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS FROM DAMAGES YOU SUSTAIN FROM YOUR PARTICIPATION IN SUCH ACTIVITIES.
Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL ASPECT AVY OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICES OR ANY INFORMATION OR DATA PROVIDED THROUGH THE SERVICES, INCLUDING, BUT NOT LIMITED TO, BODILY INJURY OR DEATH, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF USE, OR LOSS OF DATA, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. IF, NOTWITHSTANDING THE PROVISIONS OF THIS SECTION 13.3, ASPECT AVY IS FOUND LIABLE FOR ANY LOSS, DAMAGE, OR INJURY UNDER ANY LEGAL THEORY RELATING IN ANY WAY TO THE SUBJECT MATTER OF THESE TERMS OF USE, IN NO EVENT WILL ASPECT AVY’S AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY EXCEED U.S. $100.00. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF YOUR REMEDIES UNDER THESE TERMS OF USE FAIL OF THEIR ESSENTIAL PURPOSE. USE OF THE SERVICES IS AT YOUR SOLE RISK.
Basis of Bargain. THE LIMITATION OF LIABILITY HEREIN IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN AND REFLECTS A FAIR ALLOCATION OF RISK. THESERVICES, AND ANY INFORMATION OR DATA PROVIDED THROUGH THE SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS, AND YOU AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY, DISCLAIMERS AND EXCLUSIVE REMEDIES SPECIFIED HEREIN WILL SURVIVE EVEN IF FOUND TO HAVE FAILED IN THEIR ESSENTIAL PURPOSE.
Exclusions. Some jurisdictions do not allow the exclusion or limitation of certain warranties or consequential damages, so some of the exclusions and/or limitations in this Section 13 may not apply to you
Indemnification. You agree to indemnify, defend, and hold Aspect Avy and its officers, directors, employees, agents, licensors, and service providers harmless from and against any claims, liabilities, losses, damages, judgments, awards, costs, and expenses (including reasonable attorneys’ fees) arising out of or resulting from your: (a) use of the Services, and/or any information or data provided through the Services; or (b) violation of these Terms of Use or applicable law. We reserve the right, at our own expense, to assume the exclusive defense and control of any action subject to indemnification by you, and in such event you agree to cooperate with us in defending such action. Your indemnification, defense, and hold harmless obligations will survive the termination of your use of the Services and/or these Terms of Use.
Third-party Materials. The Services may display, include, or make available third-party content (including data, information, applications and other products services and/or materials) or provide links to third-party websites or services (collectively, “Third-party Materials”). You acknowledge and agree that Aspect Avy is not responsible for any Third-party Materials, including their accuracy, completeness, timeliness, validity, legality, decency, quality, or any other aspect thereof. Aspect Avy does not assume and will not have any liability to you or any other person or entity for any Third-party Materials. Third-party Materials and links thereto are provided solely as a convenience to you, and you access and use them at entirely at your own risk and subject to such third parties’ terms and conditions.
Notice Regarding Apple. The following additional terms and conditions apply to use of the Mobile App on an Apple, Inc. (“Apple”) iOS-powered Mobile Device. You and Aspect Avy acknowledge that these Terms of Use are concluded between you and Aspect Avy only, and not with Apple, and Apple is not responsible for the Mobile App, Services or Content. You agree that your license to use the Mobile App and Services is limited to the Apple iOS Mobile Device that you own or control and that your use of the Mobile App and Services shall be subject to the usage rules set forth in Apple’s then-current App Store Terms of Service. You and Aspect Avy acknowledge that Apple shall have no obligation to provide maintenance and support services with respect to the Mobile App or Services. In the event of any failure of the Mobile App to conform to any applicable warranty, you may contact Apple and Apple will refund the purchase price for the Mobile App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Mobile App or Services, and Apple will not be responsible for any other claims, losses, liabilities, damages, costs or expenses attributable to any failure of the Mobile App to conform to any applicable warranty. Please note that we have disclaimed all warranties with respect to the Mobile App—see Section 13.1 (Disclaimer of Warranties). You and we acknowledge that Apple shall have no responsibility for addressing any claims by you or any third party relating to the Mobile App or Services or your possession and/or use of the Mobile App or Services, including, but not limited to: (a) product liability claims; (b) any claim that the Mobile App or Services fail to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection, privacy or similar legislation. If a third party claims that the Mobile App or Services or your possession and use of the Mobile App or Services infringes a third party’s intellectual property rights, Apple is not responsible for the investigation defense, settlement or discharge of any such intellectual property infringement claim. You represent and warrant that you are not located in a country that is subject to a United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and that you are not listed on any United States government list of prohibited or restricted parties. Aspect Avy’s contact information for any questions, complaints or claims with respect to the Mobile App or Services is set forth in Section 18 below. You agree to comply with all applicable third party terms of agreement when using the Mobile App or Services. You and we acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms of Use. Upon your acceptance of these Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as a third-party beneficiary thereof.Exclusions. Some jurisdictions do not allow the exclusion or limitation of certain warranties or consequential damages, so some of the exclusions and/or limitations in this Section 13 may not apply to you
Miscellaneous.
Geographic Restrictions. Aspect Avy is based in the United States. We make no claims that the Services are accessible or appropriate outside of the United States. Access to and use of the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Governing Law; Jurisdiction and Venue. These Terms of Use and any dispute or claim arising out of or related to these Terms of Use, their subject matter, or their formation (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of Colorado, other than such laws and case law that would result in the application of the laws of a jurisdiction other than the State of Colorado. The parties agree that any legal action brought under or in connection with the subject matter of these Terms of Use shall be brought only in Gunnison, Colorado or, if such court would not have jurisdiction over the matter, then only in a Colorado state court sitting in Gunnison County, Colorado. Each party hereby completely and irrevocably submits to the exclusive jurisdiction of these courts and agrees not to commence any legal action under or in connection with the subject matter of these Terms of Use in any other court or forum. Each party hereby waives any objection to the laying of the venue of any legal action brought under or in connection with the subject matter of these Terms of Use, and agrees not to plead or claim in such courts that any such action has been brought in an inconvenient forum.
Waiver and Severability. Our failure to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent possible, and the remaining provisions of these Terms of Use will continue in full force and effect.
Entire Agreement. These Terms of Use, including our Privacy Notice, constitute the sole and entire agreement between you and Aspect Avy with respect to the subject matter hereof, and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.
Questions. If you have any questions about the Services, or these Terms of Use, please email us at support@aspectavy.com.
