Site Terms and Privacy Policy
Date of Last Revision: February 26, 2007
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY ACCESSING, BROWSING OR OTHERWISE USING THIS WEB SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN, ALL POLICIES AND GUIDELINES INCORPORATED BY REFERENCE AND ANY SUBSEQUENT CHANGES TO THE FOREGOING. IF YOU DO NOT AGREE TO THESE SITE TERMS OR ANY SUBSEQUENT MODIFICATION, DO NOT ACCESS, BROWSE OR OTHERWISE USE THIS SITE.
These Site Terms apply exclusively to your access to, and use of, the web pages and websites operated by AVISTA Incorporated ("AVISTA") and its parent and affiliates (together, the "AVISTA Site"). Terms, such as the term "Company" as used herein shall refer to AVISTA Incorporated (“AVISTA”), Esterline, or the specific subsidiary or affiliate operating the applicable site that you are using, as the case may be. Except as supplemented or superseded as described herein, these website Terms and Conditions (the "Site Terms") applies to the AVISTA website and pages and control your use thereof.
Company reserves the right to change or modify at any time any of the terms and conditions or policies governing this Site, including these Site Terms and Company's Privacy Policy, by posting the amended terms. The amended terms shall be effective immediately after they are initially posted on this Site, and your continued use of the Site following the posting of such changes or modifications will constitute your acceptance of such changes or modifications. Therefore, you should frequently review the Site Terms and applicable policies from time to time to determine if any changes or modifications have been posted. The date of the last revision will be indicated at the top of the Site Terms. If you do not accept the amended terms, you must cease using this Site.
If you have any question regarding the use of this Site, please direct such questions to avista@avistainc.com.
Terms and Conditions
Limited License
Company grants you a limited license to make personal use of the Site solely for informational and non-commercial purposes. Such license is subject to these Site Terms and does not include: (a) any resale, commercial use or distribution of the Site or any of the content therein; (b) the collection and use of any product or service listings, pictures or descriptions; (c) modifying or making derivative use of the Site or any of its contents; (d) use of any data mining, robots or similar data gathering or extraction methods; (e) downloading (other than the page caching) of any portion of the Site or any information contained on the Site, except as expressly permitted on the Site; (f) use of any graphics or other images apart from any accompanying text or (g) any use of the Site other than for its intended purpose. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise under any patent, trademark, or proprietary right of Company or any third party. Any unauthorized use of this Site will terminate the permission or license granted by these Site Terms and may violate applicable law including copyright laws, trademark laws (including trade dress), and communications regulations and statutes. All violators will be prosecuted to the fullest extent of the law.
Copyright
Unless otherwise indicated, the AVISTA Sites and materials, information and content contained therein, including, without limitation, all designs, text, logos, graphics, pictures, data, sound and other files, and the selection and arrangement thereof (collectively the "Site Content") are the proprietary and copyrighted property of AVISTA, Esterline, its affiliates or third-party licensors. Except as expressly stated herein, none of the Site Content may be copied, reproduced, distributed, republished, modified, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, or used commercially without the prior written permission of the applicable copyright owner. Permission is granted to display, copy and download the Site Content on this Site for personal, non-commercial, and informational use only; provided that, you may not, without the permission of Company or the respective copyright owner, (a) copy, publish, or post any Site Content on any computer network or broadcast or publications media, (b) modify the Site Content, or (c) remove or alter any copyright and other proprietary notices contained in the Site Content.
Trademarks
AVISTA Incorporated, Esterline, the Esterline logo, AVISTA logos or graphics, or an affiliate name or logo, and any product or service name, logo, slogan or other trademarks or service marks contained in the AVISTA website, are trademarks of AVISTA, Esterline, and affiliates or their respective suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of the applicable trademark holder. In addition, the look and feel of the AVISTA Site and Esterline Sites, including all page headers, custom graphics, button icons, and scripts, is the service mark, trademark, and/or trade dress of Esterline or the applicable subsidiary or affiliate, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Esterline or the applicable subsidiary or affiliate. All other trademarks, registered trademarks, product names and company names or logos mentioned herein are the property of their respective owners.
Linking and Framing
Links to AVISTA website. You are granted a limited, non-exclusive right to create a hyperlink to this website for non-commercial purposes provided such link does not portray AVISTA, its parent and affiliates or any of their respective products and services in a false, misleading, derogatory or otherwise defamatory manner. This right may be revoked at any time. You may not use a logo or other proprietary graphic or trademark of AVISTA, Esterline or its affiliates to link to the AVISTA Site without the express written permission of AVISTA, Esterline or the applicable affiliate.
Framing. You may not use, frame or utilize framing techniques to enclose any trademark, logo or other proprietary information of AVISTA or its subsidiaries or affiliates, including the images found at the AVISTA Site, the content of any text or the layout/design of any page or form contained on a page without the express written consent of AVISTA, Esterline or the applicable affiliate.
Third Party Links. The AVISTA Site may contain links to or be accessed through links from third party websites including without limitation the websites of independent sales representatives of Company (the "Third Party Sites"). Company makes no claim or representation regarding, and accepts no responsibility for the quality, content, nature, availability or reliability of such Third Party Sites. The Third Party Sites are not under the control of Company, and Company is not responsible for the contents of any Third Party Site or any link contained in a Third Party Site, or any review, changes or updates to such sites. Company is providing these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement, or adoption by Company of the site or any information contained therein. When leaving the AVISTA Site, you should be aware that these terms and policies no longer govern, and, therefore, you should review the applicable terms and policies, including privacy and data gathering practices, of that site.
Third Party Content & Services
The AVISTA Site may provide links to web pages and content of third parties ("Third Party Content") as a service to those interested in this information. AVISTA and its affiliates do not monitor nor have any control over any third party content or third party websites. AVISTA and its affiliates do not endorse or adopt any third party content or third party services and can make no guarantee as to its accuracy, completeness or quality. Neither AVISTA nor its subsidiaries and affiliates represent or warrant the accuracy of any information contained therein, nor do they undertake any responsibility to update or review any Third Party Content. Users use these links and Third Party Content contained therein at their own risk.
Submissions
Do not use the AVISTA Site as a means of submitting information or materials you consider to be proprietary or confidential. You acknowledge and agree that all information, materials or items, including but not limited to questions, feedback, comments, suggestions, ideas, data, plans, notes, drawings, and images, provided by you in the form of email, posting on or through any of the AVISTA Site or any other submission or transmission to AVISTA, Esterline or its affiliates in connection with the AVISTA Site (collectively the "Submissions") are nonconfidential and may be used by AVISTA and its affiliates for any purpose whatsoever, commercial or otherwise, in its sole discretion, without acknowledgment or compensation to you, regardless of any proprietary claims or reservation of rights noted in connection with the Submission. Except as otherwise expressly provided in a written agreement applicable to your particular use of an AVISTA Site, all Submissions shall become the sole property of Company, and you hereby assign all rights therein to Company.
Monitoring of AVISTA Site
Your access to and use of the AVISTA Site may be monitored. For example, the requesting URLs, the machine originating the request and the time of the request may be logged for access, statistics and security purposes. Your use of the AVISTA Site constitutes consent to such monitoring.
Export Restrictions
Any software and all underlying information, technology and other technical data downloaded from any of the AVISTA Site by you (collectively the "Technical Data") may be subject to U.S. export controls, including the Export Administration Act (50 U.S.C. Appx. §§ 2401 et seq.) and the Export Administration Regulations ("EAR", 50 C.F.R. Parts 730-774), and may be subject to export or import regulations in other countries. You are responsible for complying with all trade and export regulations and laws both foreign and domestic. Except as authorized by law, you agree and warrant not to export or re-export the Technical Data to any country, or to any person, entity, or end-user subject to U.S. export controls, including without limitation persons or entities listed on the U.S. Department of Commerce Bureau of Export Administration's Denied Parties List and the U.S. Department of Treasury's Specially Designated Nationals. You further represent and warrant that no U.S. federal agency has suspended, revoked, or denied your export privileges.
Financial Material Disclosure
Forward-Looking Statements. The AVISTA Site, and any documents issued by AVISTA, Esterline or its subsidiaries, or AVISTA affiliates and available through the AVISTA Site, may contain statements which constitute forward-looking statements within the meaning of the U.S. Private Securities Litigation Reform Act of 1995. Those statements can be identified by the use of words such as "believe," "expect," "plan," "may," "will," "should," "anticipate" or similar statements or the negative of these words. Forward-looking statements include statements made as to future operations, costs, capital expenditures, cash flow, improvements in infrastructure, distribution and replenishment systems and operating efficiencies, sales and earnings estimates or trends and expansion plans and projections. These forward-looking statements are based on our current expectations. Known and unknown internal and external risks and uncertainties may cause the actual results to be materially different from those expressed in or implied by the forward-looking statements. The information contained in the most recent Esterline Annual Reports to stockholders, including information contained under the section captioned "Management's Discussion and Analysis," as well as other information included under the caption "Risk Factors" and/or in other Esterline filings with the Securities and Exchange Commission, identifies important factors that could cause actual results to differ from those contemplated by forward-looking statements. Esterline undertakes no obligation to update forward-looking statements to reflect events or circumstances that occur after the date the statements were made.
Press Releases. The information contained within press releases issued by AVISTA, Esterline or its subsidiaries, and AVISTA affiliates should not be deemed accurate or current except as of the date the release was posted. AVISTA, Esterline and its subsidiaries, and AVISTA affiliates have no intention of updating, and specifically disclaim any duty to update, the information in the press releases. To the extent any information therein is forward-looking, it is intended to fit within the safe harbor for forward-looking statements, and is subject to material risk.
Third Party Financial Information. The AVISTA Site may provide links to third-party websites or services that contain financial or investment information about AVISTA or Esterline. Access to such websites and the information contained therein is provided as service to those interested in the information. AVISTA neither regularly monitors nor has control over the content of third parties' statements or websites. Accordingly, AVISTA does not endorse or adopt these websites or any information contained therein, including, without limitation, analyst's reports and stock quotes. Neither AVISTA, Esterline nor its subsidiaries, nor AVISTA affiliates make any representations or warranties whatsoever regarding the accuracy or completeness of the content, information, or opinions of third-party websites or other third-party information that is identified on the Site. Users visit these websites and use the information contained therein at their own risk.
Disclaimer
THE AVISTA SITE AND THE MATERIALS AND INFORMATION CONTAINED THEREIN ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL CONTENT, INFORMATION, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE, IS AT YOUR SOLE RISK. AVISTA, ITS AFFILIATES, AND ESTERLINE AND ITS SUBSIDIARIES, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. ALTHOUGH ESTERLINE AND ITS SUBSIDIARIES AND AFFILIATES ENDEAVOR TO ENSURE THE ACCURACY AND INTEGRITY OF THE MATERIALS AND INFORMATION CONTAINED IN THE ESTERLINE SITES, ESTERLINE AND ITS SUBSIDIARIES AND AFFILIATES DO NOT REPRESENT OR WARRANT THAT MATERIALS IN THIS WEB SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. AVISTA, ITS AFFILIATES, AND ESTERLINE AND ITS SUBSIDIARIES, ARE NOT RESPONSIBLE FOR MISPRINTS, TYPOGRAPHICAL OR OTHER ERRORS, OMISSIONS OR INACCURACIES APPEARING ON THE ESTERLINE SITES, INCLUDING WITHOUT LIMITATION THOSE RELATING TO PRICING OR TECHNICAL INFORMATION. WHILE ESTERLINE AND ITS SUBSIDIARIES AND AFFILIATES ATTEMPT TO ENSURE YOUR ACCESS AND USE OF THE SITE IS SAFE, ESTERLINE AND ITS SUBSIDIARIES AND AFFILIATES CANNOT AND DO NOT REPRESENT OR WARRANT THAT THE ESTERLINE SITES OR THEIR RESPECTIVE SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT THE ESTERLINE SITES MAY BE UNAVAILABLE FROM TIME TO TIME DUE TO MAINTENANCE OR TO MECHANICAL, TELECOMMUNICATIONS, SOFTWARE, HARDWARE OR OTHER FAILURES. ESTERLINE AND ITS SUBSIDIARIES AND AFFILIATES CANNOT PREDICT OR CONTROL WHEN SUCH FAILURES OR DOWNTIME MAY OCCUR OR THE DURATION OF SUCH DOWNTIME AND SHALL NOT BE RESPONSIBLE FOR ANY FAILURE OF THE SITE TO OPERATE.
Company reserves the right to change or discontinue any and all content, products or services contained on or referenced by the AVISTA Site at any time without notice, and the presence of a product or service on the AVISTA Site does not indicate its availability. 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 AVISTA, its affiliates, and Esterline or its subsidiaries.
Limitation of Liability
IN NO EVENT SHALL ESTERLINE OR ITS SUBSIDIARIES OR AFFILIATES , OR THEIR RESPECTIVE OWNERS, AGENTS OR EMPLOYEES BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE ESTERLINE SITES OR THE MATERIALS CONTAINED IN, OR ACCESSED THROUGH, THE ESTERLINE SITES, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM ESTERLINE OR ITS SUBSIDIARIES OR AFFILIATES, OR THAT RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERROR, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO ESTERLINE'S RECORDS, PROGRAMS, OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF ESTERLINE AND ITS SUBSIDIARIES AND AFFILIATES (WHETHER IN CONTRACT, WARRANTY TORT—INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE, OR IMPUTED—PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) ARISING OUT OF OR RELATING TO ANY USE OF THE ESTERLINE SITES EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO ESTERLINE AND ITS SUBSIDIARIES AND AFFILIATES FOR ACCESS TO OR USE OF THIS WEB SITE.
Applicable Law
These Site Terms and your use of the AVISTA Site shall be governed by and construed in accordance with the laws of the State of Wisconsin, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Site Terms shall be filed only in the state and federal courts located in Grant County, Wisconsin and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Site Terms.
Termination
Notwithstanding any of these Site Terms, Company reserves the right, without notice and in its sole discretion, to terminate your license to use this website, and to block or prevent future access to and use of this website.
Severability
If any provision of these Site Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Site Terms and shall not affect the validity and enforceability of any remaining provisions.
Questions & Contact Information
Questions or comments about AVISTA's Site may be directed to AVISTA Incorporated at avista@avistainc.com, or you may telephone us at 608-348-8815.
Privacy Policy
This website is administered by AVISTA and Esterline. The primary purpose of the AVISTA Site is to be a dynamic resource and business tool to help clients improve their software development. The following provides an overview of how AVISTA protects your privacy during your visit.
Information on the AVISTA Site is gathered in two ways: (1) indirectly (for example, through the Site’s technology); and (2) directly (for example, when you provide information on various pages of the AVISTA Site).
One example of information AVISTA collects indirectly is through Internet access logs. When you access the AVISTA Site, your Internet address is automatically collected and is placed in Internet access logs.
AVISTA collects information directly in a number of ways, some of which are described in this Privacy Policy. One way is through the use of cookies. Cookies are small files that save and retrieve information about your visit to the AVISTA Site—for example, how you entered the site, how you navigated through the site, and what information was of interest. The cookies identify you merely as a number. (If you are uncomfortable regarding cookies use, you can disable cookies on your computer by changing the settings in preferences or options menu in your browser.)
AVISTA also collects information when you voluntarily submit it to us. Throughout the AVISTA site, AVISTA may provide the opportunity to register for news, order a white paper, or participate in an online survey. It is completely up to you whether or not you want to provide it.
AVISTA uses this information to determine what is most effective about the AVISTA Site, to help us identify ways to improve it. AVISTA may also use data for other purposes. AVISTA will not sell individual information.
AVISTA does not generally seek to collect sensitive personal data through the AVISTA Site. By providing AVISTA with unsolicited sensitive personal data, you consent to AVISTA using the data subject to applicable law as described in this Privacy Policy.
AVISTA takes appropriate steps to maintain the security of your data on the AVISTA Site. You should understand that the open nature of the Internet is such that data may flow over networks without security measures and may be accessed and used by people other than those for whom the data is intended.
If you have any questions, please contact AVISTA at avista@avistainc.com, or you may telephone us at 608-348-8815.
