TERMS OF USE

Thank you for visiting the Avant Corporation web site (“Site”). By accessing or using this site, you agree to follow and be legally bound by these Terms of Use.

Ownership and Use of Site Materials

The Site contains information, data, logos, graphics, images, photographs and other elements and materials (collectively, “Materials”) that are owned or licensed by and are the copyrighted works of Avant Corporation or its third-party providers. Avant Corporation has established and maintains this Site to provide information, education and communication. Avant Corporation also owns a copyright in the selection and arrangement of the Materials. Except as stated herein, you may not use, copy, reproduce, modify, create derivative words from, distribute, republish, download, display, post or transmit in any form or by any means, including electronic, mechanical, photocopying, recording or other means, any Materials without the prior written permission of Avant Corporation. Any unauthorized use of any Materials contained on this Site may violate copyright, trademark, privacy, publicity or communications laws and regulations. Avant Corporation hereby grants you permission to copy, print and download Materials on this Site on an occasional and irregular basis, provided that: (1) all the copyright and other proprietary notices appear in the Materials; (2) the use of such Materials is solely for personal, noncommercial and informational use and will not be copied or posted on any networked computer, broadcast in any media or used for commercial gain; and (3) the Materials are not modified in any way.

Trademarks

The product names, company names, logos, symbols, trademarks and service marks ("Marks") displayed on this Site are the property of Avant Corporation; its third-party providers; or other third parties. You are not permitted to use the Marks without the prior written consent of Avant Corporation or such third party that may own the Marks. Any unauthorized use of any such trademarks may be a violation of the rights of Avant Corporation or a third party. The Site and the information contained herein in no way grant any license or right to use any Mark displayed on the Site. User is strictly prohibited from using the Marks displayed on the Site or any other content on the Site, except as provided in these Terms of Use.

On-Line Conduct

You may not use the Site for any unlawful purpose. You may not use the Site to collect personal information about users or transmit through or post on the Site any unlawful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful or any racially, ethnically or otherwise objectionable material of any kind, including any material that encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate applicable laws. You further may not use the Site to violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right.

Links to Third-Party Sites

Avant Corporation makes no representations whatsoever about any other web sites, that may be accessed through this Site. Avant Corporation is providing these links to you only as a convenience. Access to a non-Avant Corporation web site is independent from Avant Corporation and Avant Corporation has no control over the content on that web site. In addition, a link to a non-Avant Corporation web site does not mean that Avant Corporation endorses or accepts any responsibility for the content or the use of such web site. Avant Corporation also assumes no responsibility and shall not be liable for any damages to or viruses that may infect the computer equipment or other property of User arising from or related to access to use of or browsing in the Site or the downloading of any materials, data, text, images from the Site by the User.

Disclaimers Respecting Site

The Site and Materials are provided "as is," and the use of the Site and Materials is at your sole risk. Avant Corporation makes no representations or warranties of any kind, express or implied, as to the Site, the operation of the Site, the Materials or the results that may be obtained from the use of the Site or that use of the Site will be uninterrupted or error-free. Avant Corporation hereby disclaims, to the fullest extent allowed by applicable law, all express or implied representations, warranties and guaranties, including but not limited to warranties of merchantability, fitness for a particular purpose and noninfringement. Avant Corporation does not represent or warrant that any pricing, product, service or other information accessible on or through this internet site is accurate, complete or current, and all information, including prices and availability, is subject to change without prior notice to user and without updating the information on the Site. Avant Corporation assumes no liability or responsibility for any errors or omissions in the content of the site. Information on the site may contain technical inaccuracies or typographical errors. Avant Corporation may change or update information without notice. Avant Corporation may make improvements and/or changes in the products, services and/or the programs described in this site at any time without notice.

Limitation of Liability Respecting Site

Neither Avant Corporation nor any of its affiliates shall be liable for any damages of any kind arising from or in connection with the use of the site or the materials, including mistakes, omissions, interruptions, deletion of files or e-mail, errors, defects, viruses or delays in operation or transmission, even if Avant Corporation is expressly advised of the possibility of such damages. This is a comprehensive limitation of liability that applies to all damages of any kind, including compensatory, direct, indirect, punitive, special, incidental or consequential damages, including but not limited to damages for lost profits, loss or inaccuracy of data or loss of revenue.

Indemnification by Site User

You agree to hold Avant Corporation and its affiliates harmless from and indemnify them against any claims by you or third parties based on or related to your on-line actions or your use of the Site or the Materials and all damages, costs and expenses relating thereto. You shall cooperate as fully as reasonably required in the defense of any claim. Avant Corporation reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Avant Corporation.

Changes to Site or Terms of Use

Avant Corporation may make improvements or changes to the Site or to the products, services, programs and prices described on this Site at any time without notice. Avant Corporation may revise these Terms of Use at any time, without prior notice, by posting the revision or the revised Terms of Use on the Site; any revision is effective upon your accessing this Site. As a result, you should routinely visit this page to review the then current Terms of Use to which you are bound.

Local Laws

Avant Corporation controls and operates this Site from its offices within the United States of America. Avant Corporation makes no representation that the Site or the Materials are appropriate or available for use outside the USA. If you use this Site from locations outside the USA, you are responsible for compliance with USA and foreign laws and regulations and all applicable local laws. All marketing or promotional materials found on this Site are directed solely to individuals and entities located in the USA.

Rights & Remedies of Avant Corporation

You agree that Avant Corporation shall have all rights and remedies provided under these Terms of Use and under applicable law.

Governing Law & Choice of Forum

These Terms of Use, the use of the Site and all other transactions conducted through the Site or with Avant Corporation will be governed by and construed and enforced under the laws of the State of Missouri (excluding any conflict of laws or rules). These Terms of Use represent the entire understanding relating to the use of the Site and prevail over any prior or contemporaneous, conflicting or additional, communications. Any cause of action which you may have with respect to your use of the Site must be commenced within one (1) year after the claim or cause of action arises. The exclusive jurisdiction and venue for any legal proceedings relating to these Terms of Use or to the Site or transactions or activity conducted on or relating to the Site will be the appropriate state or federal courts in St. Louis County, Missouri; you consent to such jurisdiction and waive all objections to such courts based on jurisdiction, venue and inconvenience of the forum.

Severability

The provisions of these Terms of Use are intended to be severable. If for any reason any provision of these Terms of Use shall be held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction. Legal Contact Information If you have any questions about these Terms of Use, please contact Avant Corporation at info@avantusa.com.

(Last Revised – 01/08/2007)