Terms and Conditions

AVTRMed, Inc. 305 Dakota Dunes Blvd Dakota Dunes, SD 57049

Effective Date: December 15, 2025

1. Acceptance of Terms

By using this website (www.avtrmed.com) or any related AVTRMed sites on social media such as LinkedIn, Twitter, Facebook, or Instagram, you accept these Terms and Conditions in full. If you disagree with these Terms and Conditions or any part thereof, you are not permitted to use our Website, and your continued use of the Website constitutes your express agreement to these Terms and Conditions.

You must be at least 18 (eighteen) years of age to use this Website. By using this Website, you warrant that you are at least 18 years of age, and you may legally adhere to these Terms and Conditions.

Our Website may use cookies. By using our Website and agreeing to these Terms and Conditions, you consent to our use of cookies in accordance with the terms of our Privacy Policy. These Terms and Conditions may be modified by AVTRMed at any time. Your continued use of the Website following any changes indicates your acceptance of the new Terms and Conditions.

2. Exclusion of Warranties

This Website is provided “as-is.” We do not warrant, represent, or guarantee:

  1. The accuracy of the information published on this Website
  2. The completeness of the information published on this Website
  3. That the information published on this Website is up to date
  4. That the information on the Website can be applied to achieve any particular result

To the maximum extent permitted by applicable law, we exclude all representations, warranties, and guarantees relating to this Website and the use of this Website (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose, and/or the use of reasonable care and skill). AVTRMed does not represent or warrant that the functions contained in the Website will be uninterrupted or error-free, that defects will be corrected, or that this Website or the server that makes the Website available are free of viruses or other harmful components.

3. Limitations of Liability

Nothing in these Terms and Conditions will:

  1. Limit or exclude our or your liability for death or personal injury resulting from negligence
  2. Limit or exclude our or your liability for fraud or fraudulent misrepresentation
  3. Limit any of our or your liabilities in any way that is not permitted under applicable law
  4. Exclude any of our or your liabilities that may not be excluded under applicable law

The limitations and exclusions of liability set out in this section and elsewhere in these Terms and Conditions:

  1. Are subject to the preceding paragraph
  2. Govern all liabilities arising under the Terms and Conditions or in relation to the subject matter of the Terms and Conditions, including liabilities arising in contract, in tort (including negligence), and for breach of statutory duty

To the extent that the Website and the information and services on the Website are provided free of charge, we will not be liable for any loss or damage of any nature. In any event, we will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control, in respect of any loss of or damage to profits, income, revenue, anticipated savings, or goodwill, nor in respect of any special, indirect, or consequential loss or damage, or in respect of any losses arising out of any acts or omissions of any hosting services provider, payment services provider, or other third-party services provider.

4. Website Availability

From time to time, the Website or features of the Website may be unavailable. Such unavailability may be the result of defects in the Website software, scheduled or emergency maintenance procedures, or failures of third-party service providers. We do not commit to ensuring that the Website will be available at any particular time. Furthermore, we do not commit to ensuring that the Website will continue to be published in the future.

5. License to Use Website

Unless otherwise stated, we or our licensors and partners own the intellectual property rights in this Website and material on the Website. Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages from the Website for your own personal use, subject to the restrictions set out below and elsewhere in these Terms and Conditions.

You must not:

  1. Republish material from this Website (including republication on another website)
  2. Sell, rent, or sub-license material from the Website
  3. Show any material from the Website in public
  4. Reproduce, duplicate, copy, or otherwise exploit material on our Website for a commercial purpose
  5. Edit or otherwise modify any material on the Website
  6. Redistribute material from this Website, except for content specifically and expressly made available for redistribution

6. Acceptable Use

You must not use our Website in any way that causes, or may cause, damage to the Website or impairment of the availability or accessibility of the Website, or in any way which is unlawful, illegal, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.

You must not use our Website to copy, store, host, transmit, send, use, publish, or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit, or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction, and data harvesting) on or in relation to our Website without our express written consent.

You must not use our Website to transmit or send unsolicited commercial communications.

You must not use our Website for any purposes related to marketing without our express written consent.

7. User Content

In these Terms and Conditions, “your content” means material (including without limitation text, images, audio material, video material, and audio-visual material) that you submit to our Website, for whatever purpose.

You grant to us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate, and distribute your content in any existing or future media. You also grant to us the right to sub-license these rights and the right to bring an action for infringement of these rights.

You warrant and represent that your content will comply with these Terms and Conditions. Your content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law).

Your content (and its publication on our Website) must not:

  1. Be libelous or false
  2. Be violent, threatening, obscene, or indecent
  3. Infringe any copyright, moral right, database right, trademark right, design right, right in passing off, or other intellectual property right
  4. Be untrue, false, inaccurate, or misleading
  5. Constitute spam

You must not use our Website to link to any website or web page consisting of or containing material that would, were it posted on our Website, breach the provisions of these Terms and Conditions.

You must not submit any user content to the Website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

We reserve the right to edit or remove any material submitted to our Website, stored on our servers, or hosted or published upon our Website.

Notwithstanding our rights under these Terms and Conditions in relation to user content, we do not undertake to monitor the submission of such content to, or the publication of such content on, our Website.

If you become aware of any content on the Website that breaches these Terms and Conditions, please notify us immediately by email or using our Website contact form.

8. Third-party Websites

Our Website may include hyperlinks to other websites owned and operated by third parties. These links are not recommendations. We have no control over the contents of third-party websites, and we accept no responsibility for them or for any loss or damage that may arise from your use of them.

9. Indemnity

You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities, and expenses (including without limitation legal expenses and any amounts paid by us to a third party in defending or settling a claim or dispute) incurred or suffered by us arising out of any breach by you of any provision of these Terms and Conditions, or arising out of any claim that you have breached any provision of these Terms and Conditions.

10. Breach of Terms and Conditions

Without prejudice to our other rights, if you breach these Terms and Conditions in any way, or if we reasonably suspect that you have breached these Terms and Conditions in any way, we may:

  1. Temporarily suspend your access to the Website
  2. Permanently prohibit you from accessing the Website
  3. Block computers using your IP address from accessing the Website
  4. Contact your internet service provider and request that they block your access to the Website
  5. Bring court proceedings against you for breach of contract or otherwise
  6. Suspend and/or delete your account with the Website

Where we suspend, prohibit, or block your access to our Website or a part of our Website, you must not take any action to circumvent such suspension, prohibition, or blocking (including without limitation creating and/or using a different account).

11. Intellectual Property Rights

This Website, including all text, design, graphics, branding, information, data, content, and other material displayed on or that can be downloaded from this Website, is proprietary and protected by applicable copyright, trademark, and/or other applicable law and may not be used except as specifically permitted herein or with the express prior written permission in each instance of AVTRMed or the owner of such material.

The contents (including without limitation, the look and feel, all text, photographs, images, video, and audio) of this Website are the copyright of AVTRMed, Inc. All rights are reserved.

You may not modify the information or materials displayed on or that may be downloaded from this Website or create derivative works in part or in full in any way, or reproduce or publicly display, transmit, post, perform, sell, license, distribute, or otherwise use or exploit any such information or materials from this Website for any public or commercial purpose. Any unauthorized use of any such information or materials may violate applicable copyright laws, trademark laws, international treaties, laws of privacy and publicity, and other laws and regulations and is prohibited.

AVTRMed further retains all rights with respect to its trademarks, trade names, brand names, and trade dress. These trademarks, trade names, brand names, and trade dress, and all associated logos or images, are trademarks of AVTRMed and are protected by applicable law. No license to the use of such trademarks, trade names, brand names, or trade dress is granted to you under these Terms and Conditions or by your use of the Website.

Your misuse of the trademarks, trade names, brand names, or trade dress displayed on the Website is strictly prohibited, including but not limited to the use of AVTRMed trademarks or names in metatags and/or hidden text. The use of AVTRMed trademarks or names in page text, metatags, and/or hidden text for purposes of gaining higher rankings from search engines is prohibited.

Your linking to any page on this Website is prohibited absent express written permission from AVTRMed. Framing, inline linking, or other association of this Website or its suppliers’ software or HTML code, scripts, text, artwork, photographs, images, video, and audio with links, advertisements, and/or other information not originating from the AVTRMed Website is expressly prohibited. Any permitted links to this Website must comply with all applicable laws, rules, and regulations.

12. General Provisions

We may revise these Terms and Conditions from time to time. Revised Terms and Conditions will apply to the use of our Website from the date of publication of the revised Terms and Conditions on our Website.

You hereby agree that we may transfer, subcontract, or otherwise deal with any or all of our rights and/or obligations under these Terms and Conditions.

If a provision of these Terms and Conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

These Terms and Conditions are for the benefit of you and us and are not intended to benefit any third party or be enforceable by any third party.

These Terms and Conditions constitute the entire agreement between you and us in relation to your use of our Website and supersede all previous agreements in respect of your use of this Website.

13. Governing Law and Jurisdiction

These Terms and Conditions will be governed by and construed in accordance with the laws of the State of South Dakota, without regard to its conflict of law provisions.

Any disputes relating to these Terms and Conditions will be subject to the exclusive jurisdiction of the courts of South Dakota.

In the event of a dispute with respect to these Terms and Conditions, the prevailing party shall be entitled to its reasonable attorneys’ and paralegals’ fees and costs at all pre-trial, trial, and appellate levels.

14. Contact Information

If you have any questions about these Terms and Conditions, please contact us:

AVTRMed, Inc.
305 Dakota Dunes Blvd
Dakota Dunes, SD 57049
Email: brian@avtrmed.com
Website: www.avtrmed.com

Acknowledgment

By using this Website, you acknowledge that you have read and understood these Terms and Conditions and agree to be bound by them.

Last Updated: January 1, 2025