SmartPass Mobile Terms of Use

Website Terms of Use and Legal Information (“Terms”)
Last Modified: January 25, 2024.

IMPORTANT! PLEASE READ THESE TERMS AND CONDITIONS (“TERMS AND CONDITIONS”) AND THIS INFORMATION CAREFULLY BEFORE USING THIS WEBSITE. USING THIS WEBSITE INDICATES THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS, INCLUDING MANDATORY ARBITRATION, WAIVER OF CLASS ACTION RIGHTS AND WAIVER OF RIGHTS TO A JURY TRIAL. DO NOT USE THIS WEBSITE IF YOU DO NOT UNDERSTAND THESE TERMS AND DO NOT AGREE TO BE BOUND BY THEM.

These Terms of Use (the “Terms”) are a legal agreement between you (the “User” or “You”)  and AVC Innovations LLC, a limited liability company organized under the laws of the state of Delaware, USA, with offices at 41 West Highway 14 #1133, Spearfish, SD 57783 United States of America (USA) and its corporate affiliates, subsidiaries, and divisions as may change from time to time (collectively, “AVC,” “we,” “us,” and “our”). These Terms shall govern your use of, and apply to any AVC website, or other online or interactive services, that are provided in the United States, and worldwide and that include a link to these Terms (together, the “Services”).

You acknowledge and agree that by accessing or using the Services, you, your heirs, and assigns (collectively “you”) indicate that you have read, understand, and agree to be bound by these Terms and to comply with all applicable laws and regulations, including applicable export and re-export control laws and regulations. If you do not agree to these Terms, then you must stop accessing or using the Services immediately. The purchase of any AVC service may be subject to separate Terms of Sale, which will be provided to you on Policy pages within the Services.

We may revise these Terms at any time, within our sole discretion, to reflect changes to the Services, our users’ needs, our business priorities or changes in laws and regulations. We will give you notice of such revisions by posting changes to this website from time to time, and as required. Every time you use the Services, please check these Terms to ensure you understand the terms that apply at that time. If you do not agree to, or cannot comply with, the modified Terms, you must cease using the Services, immediately. Your continued use of the Services after any such update constitutes your binding acceptance of such changes. The Terms were most recently updated on the effective date listed at the top of this document.

Use of Site. User has a nonexclusive, nontransferable, limited, and revocable right to use the Site solely for User’s personal educational, informational, and entertainment use. Accessing the Site, in any manner, whether automated or otherwise, constitutes use of the Site and your agreement to be bound by these Terms. AVC provides materials at this website (“Site”) as a complimentary service to Internet users for informational purposes only, and such materials are not intended for any other purposes. User will not use the Site for any other purpose, including any commercial purpose, without AVC’s express prior written consent.  For example, User will not, and will not authorize any other person to (i) Co-brand the Site or portion thereof, or (ii) frame the Site or portion thereof (whereby the Site or portion thereof will appear on the same screen with a portion of another web site). “Co-branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner reasonably likely to give a User the impression that such other party has the right to display, publish, or distribute the Site or content accessible within the Site (“Content”).   User agrees to cooperate with AVC in causing any unauthorized Co-branding, framing, or linking to immediately cease. AVC authorizes you to view and download single copies of the materials at this Site solely for your personal, non-commercial use, subject to the provisions below. If you make a copy of any materials at this Site, you must retain all copyright and other proprietary notices contained in the original materials on any such copies. You may not modify the materials at this Site in any way or publicly display, perform, or distribute them. For purposes of these Terms, any use of these materials on any other website or networked computer environment for any purpose is prohibited.

Although you may “bookmark” a particular portion of this Site and bypass these Terms, your use of this Site still binds you to these Terms. We reserve the right to change these Terms or to impose new conditions on use of the Site, from time to time, in which case we will post the revised Terms on this website. You will not be notified independently or directly by AVC of any changes to these Terms. By continuing to use the Site after we post any such changes, you accept the Terms, as modified.

Proprietary Information.  User acknowledges and agrees that the content accessible within the Site is the proprietary information of AVC and its content providers, and AVC and its content providers retain all right, title, and interest in the Content. Accordingly, User will not reproduce, transmit, publish or distribute such Content to any third party without the prior express written consent of AVC or the applicable content provider except that User may print out a copy of Content, solely for User’s personal use. In doing so, User will not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary or intellectual property notice or legend appearing on any of the Content.

Intellectual Property.  The materials at this Site are protected by worldwide copyright, trademark, patent and other intellectual property laws and related international treaty provisions. Except as expressly provided in these Terms, all Site content is a copyright, trademark, patent, trade dress or other intellectual property owned, controlled or licensed by AVC, one of its affiliates or by third parties who have licensed their materials to AVC and are protected by U.S. copyright and other intellectual property laws. The compilation (meaning the collection, arrangement, and assembly) of all content on the Site is the exclusive property of AVC and is also protected by U.S. copyright and intellectual property laws. AVC and its licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content, and other materials appearing on this Site. Access to this Site does not confer and shall not be considered as conferring upon anyone any ownership and/or any license under any of AVC’s or any third party’s intellectual property rights. AVC and its suppliers, and licensors, do not grant any express or implied rights to you. AVC may grant other rights to you in a separate writing or as incorporated elsewhere in these Terms or in other materials on the Site. 

Use of Information and Materials. Unauthorized use of the Site including, e.g., but not limited to, unauthorized entry into AVC’s systems, misuse of passwords, or misuse of any information posted on the Site, is strictly prohibited. Not all features, products and services are available in all geographic areas. Your eligibility or the availability of all features, particular products and services is subject to final determination by AVC or its affiliates. 

Links to Other Materials. If AVC provides links to third party websites it is solely as a convenience to you. If you use these links, you will leave this Site. AVC does not control, and is not responsible for, any of these sites or their content or any link contained in a linked site. AVC hereby disclaims liability for, any information, materials, products or services posted or offered at any of the third party sites linked to this Site. By creating a link to a third party web site, AVC does not endorse or make any representations about them, or any information, software or other products or materials found there, or any results that you may obtain from using them. Such third party may provide less security than the AVC Site. If you decide to access any of the third-party sites linked to this Site, you do this entirely at your own risk. AVC reserves the right to terminate any link at any time.

User Submissions. Any material, information, suggestions, and/or other communication you transmit or post to this Site (“Submissions”) will be considered non-confidential and non-proprietary. AVC will have no obligation with respect to such Submissions. AVC and its designees will be free to copy, disclose, distribute, incorporate, and otherwise use such communications and all data, images, sounds, text, and other things embodied in them for any commercial or non-commercial purposes. Such disclosure, offer, submission, or transfer of such Submissions shall constitute an assignment to AVC of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Submission.

You are prohibited from posting or transmitting to or from this Site any Submissions that are unlawful, threatening, libelous, defamatory, obscene, pornographic, and/or including any other material that would violate any law or regulation. You also may not submit any Submissions that contain any viruses, worms, Trojan horses, time bombs, corrupted files or other malicious or harmful computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any systems, data, personal information or property of another. 

Availability. This Site is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to local law or regulation. If you choose to access or use the Site from outside the United States, you are responsible for compliance with all applicable foreign and local laws.

Disclaimer. User will have access to a variety of sources of content through the Internet. AVC has made no effort to verify the accuracy or suitability of any information contained in any such sources. Accordingly, AVC will have no liability or responsibility whatsoever for any content contained within any such sources. User accesses, uses, and relies upon such content at User’s own risk. User understands further that the Internet contains unedited materials, some of which are explicit or may be offensive to some Users.  User accesses such materials at the User’s risk.  AVC has no control over and accepts no responsibility whatsoever for such materials.

User understands that, except for information, or services clearly identified as being supplied by AVC, AVC does not operate, control, or endorse any information, products or services on the Internet in any way. User also understands that AVC cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of infection or viruses, worms, Trojan horses, or other code that manifest contaminating or destructive properties. Each User is responsible for implementing sufficient procedures and checkpoints to satisfy User’s particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for reconstruction of any lost data. AVC does not assume any responsibility or risk for User’s use of the Internet.

AVC expressly disclaims any and all warranties with respect to any Content accessible within or through the Site, express or implied, including any implied warranty of merchantability, fitness for a particular purpose, title, or non-infringement.

THE MATERIALS PROVIDED AT THIS SITE, INCLUDING TEXT, DESIGN, LAYOUT, DATA, GRAPHICS, LINKS OR OTHER ITEMS (“CONTENT”) ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT ANY WARRANTIES OF ANY KIND.  AVC AND ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, OR REPRESENTATIVES EXPRESSLY DISCLAIM ALL WARRANTIES, IMPLIED, EXPRESSED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND FREEDOM FROM COMPUTER VIRUSES. AVC and its affiliates, employees, directors, officers, agents, or representatives do not warrant or represent the accuracy, adequacy, reliability, or completeness of this Site or its Content or that the Site and Content will operate without interruption or be error free; nor do any of them make any warranty as to the results that may be obtained from the use of the Site or Content. The materials at this Site may be inaccurate, incomplete or out of date. AVC makes no commitment to correct or update any Content. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

Limitation of Liability. IN NO EVENT WILL AVC, ITS AFFILIATES, ITS LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, ITS SUPPLIERS, EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS, OR OTHER THIRD PARTIES MENTIONED AT THIS SITE BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOSSES, LOSSES OF REVENUE OR INCOME, LOST PROFITS, OR EXPENSES, PAIN AND SUFFERING, EMOTIONAL DISTRESS OR SIMILAR DAMAGES) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE, ANY WEBSITES LINKED TO THIS SITE, THE MATERIALS OR INFORMATION CONTAINED AT ANY SUCH SITES, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, LOSS OF DATA, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE, EVEN IF AVC, OR ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, OR REPRESENTATIVES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES, OR EXPENSES, AND WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY. IF YOUR USE OF THE MATERIALS OR INFORMATION FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT, SOFTWARE OR DATA, YOU ASSUME ALL COSTS OF SUCH CLAIMS. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF AVC UNDER SUCH CIRCUMSTANCES SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00), AND IN NO EVENT SHALL SUCH AMOUNT EXCEED THE AMOUNT USER HAS PAID AVC IN THE IMMEDIATE PAST 12 MONTHS PERIOD, FOR THE APPLICABLE CONTENT OR SERVICE OUT OF WHICH SUCH LIABILITY AROSE.

Indemnification. You agree, upon AVC’s demand, to defend, indemnify, and hold harmless AVC and its affiliates, its Licensors, content providers, service providers and contractors (“The Indemnified Parties”) from any breach of these Terms and Conditions by User, including any use of Content other than as expressly authorized in these Terms and Conditions, and from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to, or connected in any way to, your use of the Site. User agrees that the Indemnified Parties shall have no liability in connection with any such breach or unauthorized use, and agrees to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses and attorneys’ fees of the Indemnified Parties in connection therewith. User will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of User’s use of the information accessed from the Site.

Arbitration. Any action or proceeding arising out of or related to these Terms or your use or access to, or of this Site shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator or arbitrators may be entered in any court having jurisdiction. There shall be no authority for any claims to be decided before a jury of your peers. There shall be no authority for any claims to be arbitrated on a class action basis. Such arbitration claims shall be heard by a single arbitrator. The place of arbitration shall be in the state of Delaware, USA. Each party will, upon written request of the other party, promptly provide the other with copies of all relevant documents. There shall be no other discovery allowed. Hearings will take place pursuant to the standard procedures of the Commercial Arbitration Rules that contemplate in person hearings. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties. Any cause of action you may have against AVC arising out of or related to the Site must be brought within one (1) year after the action arose; otherwise such action will be permanently barred.

Applicable Laws. This Site is administered by AVC from its offices within the United States of America. You may not use, or export materials provided in violation of U.S. export laws and regulations. The laws of the State of Delaware, USA will govern all matters arising under or related to these Terms, without giving effect to any conflicts of laws principles. 

Trademarks.  The trademarks AVC™, AVC INNOVATIONS™, the AVC logo design, and other source identifying trademarks are common law trademarks of AVC. You shall have no right to use any of such trademarks for any purpose without our prior written consent. All other trademarks are the property of their respective owners.

General. If any provision of these Terms is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the other provisions of these Terms shall remain in full force and effect. The failure of AVC to act with respect to a breach of the Terms by you or others does not constitute a waiver and shall not limit AVC’s rights with respect to such breach or any subsequent breaches. AVC may terminate your access to this Site, change the Site, or delete content or features on the Site at any time and for any reason or no reason. AVC may revise these Terms at any time by updating this posting. You should visit this page from time to time to review the then current Terms because they are binding on you. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages at this Site.