Avalon Equipment Corporation Website Terms and Conditions

3194 Lionshead Ave, Carlsbad, CA 92010 | info@avalontest.com | (760) 536-0191

1. Agreement to These Terms

Please read these Website Terms and Conditions ("Website Terms") carefully before using the avalontest.com website (the "Website") operated by Avalon Equipment Corporation, a California corporation ("Avalon," "we," "us," or "our").

By accessing or using the Website in any way — including browsing, downloading information, creating an account, submitting an inquiry, or placing an order — you confirm that you have read, understood, and agree to be legally bound by these Website Terms and our Privacy Policy in their entirety each time you access the Website. If you do not agree, please do not use the Website.

These Website Terms govern your use of the Website itself. All commercial transactions — including equipment rental, sales, calibration services, onsite services, and training — are separately governed by Avalon's Standard Terms and Conditions, available at www.avalontest.com/terms-conditions, which are incorporated into these Website Terms by reference. Where additional terms apply to specific services or features of the Website, those additional terms will be made available before your use of that service, and by using the service you agree to those additional terms.

2. About This Website

The Website is designed for information and e-commerce purposes and to give users the ability to inquire about equipment availability, request quotes, and place orders. Any information exchanged through the Website shall not be considered contractual or binding unless otherwise expressly confirmed by Avalon in writing.

The Website is intended for use by business customers and professionals in the test and measurement equipment industry. By using the Website, you confirm that you are accessing it in connection with your business or professional activities. You must be at least 18 years of age, or an authorized representative of a business entity, to use the Website.

Avalon reserves the right to modify, suspend, or discontinue the Website or any part of it at any time, with or without notice, as further described in Section 12. Avalon will not be liable to you or any third party for any such modification, suspension, or discontinuation.

3. Accounts & Registration

Some features of the Website may require you to create an account. When you register, you agree to:

• Provide accurate, complete, and current information;
• Maintain and promptly update your information to keep it accurate and current;
• Keep your password confidential and not share it with others;
• Register only one account for yourself and not register on behalf of another individual without authorization;
• Accept responsibility for all activity that occurs under your account; and
• Notify Avalon immediately at info@avalontest.com if you suspect unauthorized use of your account or any other security breach.

Where access to part of the Website is restricted by a password, no person other than the holder of a password granted by Avalon may attempt to access that restricted area. You are responsible for all access to the Website using your credentials. Avalon reserves the right to suspend or terminate accounts at any time for non-compliance with these Website Terms or for any other reason Avalon deems appropriate.

4. Acceptable Use

You may use the Website for lawful purposes only. You must not use the Website in any way that breaches or violates any applicable local, national, or international law or regulation, or which is in any way unlawful or fraudulent.

You may not, without first obtaining express written consent from Avalon:

• Copy (including storing and downloading), distribute, publish, alter, adapt, create derivative works from, or otherwise use any material on the Website, in whole or in part, except as expressly permitted above;
• Remove any copyright, trademark, or other intellectual property notices from any content on the Website;
• Link to or from the Website (see Section 10 for the inbound linking request process); or
• Use, display, mirror, or frame the Website or any individual element within it — including Avalon's name, trademarks, logos, other proprietary information, or the layout and design of any page or form — in any manner that suggests association with or endorsement by Avalon.

5. Technical Prohibitions

To protect the integrity of our Website and the experience of all users, the following activities are strictly prohibited:

• Automated access. Using bots, scrapers, spiders, or other automated tools to access, collect, or index content from the Website without Avalon's prior written consent. Public search engines may index the Website for the purpose of creating searchable indices, but not caches or archives of Website content. Avalon reserves the right to revoke this exception at any time.
• Server overload. Accessing the Website in a manner that generates traffic volumes or server requests beyond what a human user could reasonably produce through normal browsing.
• Malicious code and attacks. Introducing or transmitting any viruses, malware, harmful code, or similar destructive technology, or launching any form of attack against the Website or its infrastructure, including denial-of-service attacks or similar techniques designed to disrupt or degrade Website performance.
• Unauthorized system access. Attempting to access, tamper with, or use any non-public area of the Website, Avalon's internal systems, or the systems of any of Avalon's technology partners or service providers.
• Security testing without authorization. Probing, scanning, or testing the security or vulnerability of Avalon's systems or networks, or attempting to bypass, defeat, or circumvent any security, authentication, or access control measures protecting the Website.
• Reverse engineering. Attempting to decompile, disassemble, or otherwise derive the source code or underlying structure of any software or technology used to operate the Website.
• Identity misuse. Creating multiple accounts, impersonating another person or entity, or registering an account on behalf of another individual without their express authorization.
• Facilitation. Encouraging, assisting, or enabling any third party to engage in any of the activities described above.

Avalon reserves all rights and remedies available under applicable law with respect to any violation of these prohibitions, including cooperation with law enforcement authorities where appropriate.

6. Monitoring & Enforcement

Avalon has the right to investigate and prosecute violations of Sections 4 and 5 to the fullest extent of the law. Avalon may involve and cooperate with law enforcement authorities in prosecuting users who violate these Website Terms. You acknowledge that Avalon has no obligation to monitor your access to or use of the Website, but that Avalon has the right to do so for the purpose of operating the Website, ensuring compliance with these Website Terms, or complying with applicable law or the order or requirement of a court, administrative agency, or other governmental body. Avalon reserves the right to terminate your access to the Website immediately for any violation of these Website Terms.

7. Intellectual Property & Ownership

Avalon Equipment Corporation is the owner or licensee of the Website and all materials and rights in those materials appearing on the Website ("Website Content"), including all trademarks, copyrights, design rights, and all other intellectual property rights. Website Content includes text, photographs, images, graphics, illustrations, designs, written and other materials, and all underlying program code and software.

Where visual content is used on the Website, Avalon uses its own original photography and, where authorized by the original owner, manufacturer-provided images or other third-party imagery for purposes of accurate equipment representation. All such content remains subject to the intellectual property rights of the respective owner.

If you inadvertently acquire any rights in or to the Website or Website Content, you agree to irrevocably assign those rights, on a worldwide basis and without payment of any kind, to Avalon, and you unconditionally and irrevocably waive all moral rights you may have acquired in the Website or Website Content to the fullest extent permitted by applicable law.

Unauthorized use of any Website Content may violate copyright, trademark, and other applicable laws and may result in civil or criminal penalties.

8. Trademarks

Certain names, words, phrases, logos, graphics, or designs used on the Website may constitute registered or unregistered trademarks owned by Avalon or by third parties who license them to Avalon. You are not entitled to reproduce or use in any way any of Avalon's trademarks or those of any third party appearing on the Website without the prior written permission of the applicable trademark owner. Nothing on the Website grants any license or right to use any trademark without such permission.

9. User-Submitted Content

If you submit, post, or transmit any content to Avalon through the Website — including inquiries, feedback, reviews, suggestions, or other communications (collectively, "Submissions") — you grant Avalon a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, and display such Submissions for any purpose without compensation to you.

You represent and warrant that: (a) you own or control all rights in and to the Submissions; (b) the Submissions are accurate and not misleading; and (c) the Submissions do not violate these Website Terms or the rights of any third party, including intellectual property, privacy, and publicity rights. Avalon takes no responsibility for and disclaims all liability for any Submissions posted by you or any third party.

10. Links — Outbound & Inbound

10.1 Links to External Websites

The Website may contain links to third-party websites for your convenience and reference. Avalon does not control those sites and is not responsible for their content, accuracy, privacy practices, or availability. Inclusion of a link does not imply endorsement by Avalon of the linked site or any association with its operators. Avalon cannot guarantee that these links will work at all times. We encourage you to review the terms and privacy policies of any third-party site you visit. Avalon is not liable for any loss or damage arising from your use of any third-party site linked from the Website.

10.2 Inbound Links to This Website

If you wish to provide a hyperlink or any other type of link to the Website from another website or platform, you must first obtain Avalon's express written consent. Avalon has sole discretion to permit or reject any such request. To request permission to link to the Website, please submit your request in writing to:

Avalon Equipment Corporation Attn: Marketing 3194 Lionshead Ave, Carlsbad, CA 92010 marketing@avalontest.com

Your request should include: (a) the URL(s) of the website from which you propose to link to the Website; and (b) the specific URL(s) on the Website to which you propose to link. Avalon will consider all requests but is under no obligation to grant permission. Linking without Avalon's prior written consent is a violation of these Website Terms.

11. Accuracy of Information

Avalon makes every reasonable effort to ensure that the information on the Website — including product descriptions, pricing, availability, and specifications — is accurate and up to date. However, Avalon does not warrant that the Website content is complete, accurate, reliable, or error-free. The Website is intended to provide general information only and does not constitute advice of any kind. Pricing, product specifications, and availability are subject to change without notice. Avalon expressly reserves the right to correct any pricing or descriptive errors at any time prior to order confirmation, and to remove, amend, or vary any content on the Website at any time without notice.

If you are dissatisfied with the Website or any content or material on it, your sole and exclusive remedy is to discontinue use of the Website. If you notice an error, please contact us at info@avalontest.com and we will address it promptly.

12. Website Availability

Avalon reserves the right to suspend access to all or part of the Website, or to close it indefinitely, at any time and without notice. Access may be terminated or suspended in relation to specific users or to all users at Avalon's sole discretion. Avalon will not be liable to you or any third party for any suspension, restriction, or termination of access to the Website.

13. Security & Virus Protection

You are responsible for ensuring that you have suitable equipment, security software, and virus protection in place before accessing or using the Website. Any material you download or otherwise obtain through the Website is done at your own risk, and you will be solely responsible for any damage to your device or system or loss of data resulting from downloading such material.

Avalon maintains reasonable technical and organizational measures to protect the Website and information transmitted through it from unauthorized access, use, or disclosure. However, no internet transmission or electronic storage system is completely secure, and Avalon cannot guarantee the absolute security of information you transmit to or receive from the Website. If you become aware of any security vulnerability or unauthorized use of the Website, please notify Avalon immediately at info@avalontest.com

14. E-Commerce & Transactions

Purchases, rentals, and service orders initiated through the Website are subject to Avalon's Standard Terms and Conditions, available at www.avalontest.com/terms-conditions. These Website Terms do not modify or supersede the Standard Terms and Conditions with respect to any commercial transaction. In the event of a conflict between these Website Terms and the Standard Terms and Conditions regarding a commercial transaction, the Standard Terms and Conditions control.

All payments processed through the Website are handled by trusted, industry-standard third-party payment processors that comply with applicable Payment Card Industry Data Security Standards (PCI DSS). Avalon does not store credit card numbers on its own servers. Avalon reserves the right to refuse or cancel any order placed through the Website at any time, including after order confirmation, for reasons including but not limited to pricing errors, availability, or suspected fraud.

15. Disclaimer of Warranties

YOU USE THE WEBSITE AT YOUR OWN RISK. THE WEBSITE AND ALL CONTENT, INFORMATION, PRODUCTS, AND SERVICES MADE AVAILABLE THROUGH IT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AVALON AND ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, SUBSIDIARIES, AFFILIATES, AGENTS, AND LICENSORS (COLLECTIVELY, "AVALON PARTIES") MAKE NO REPRESENTATIONS OR

WARRANTIES OF ANY KIND — EXPRESS, IMPLIED, OR STATUTORY — REGARDING THE WEBSITE OR ANY CONTENT, INFORMATION, OR MATERIALS AVAILABLE THROUGH IT, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, OR NON-INFRINGEMENT.

WITHOUT LIMITING THE FOREGOING, AVALON PARTIES EXPRESSLY DISCLAIM RESPONSIBILITY FOR: INACCURACIES OR ERRORS IN ANY CONTENT ON THE WEBSITE; ANY HARM TO YOUR PERSON OR PROPERTY RESULTING FROM YOUR ACCESS TO OR USE OF THE WEBSITE; UNAUTHORIZED ACCESS TO AVALON'S SYSTEMS OR TO ANY PERSONAL OR FINANCIAL INFORMATION YOU TRANSMIT THROUGH THE WEBSITE; ANY INTERRUPTION, DELAY, OR FAILURE OF THE WEBSITE TO OPERATE; HARMFUL CODE OR MALICIOUS TECHNOLOGY INTRODUCED BY THIRD PARTIES THROUGH OR IN CONNECTION WITH THE WEBSITE; AND ANY LOSS OR DAMAGE ARISING FROM CONTENT MADE AVAILABLE ON OR THROUGH THE WEBSITE BY ANY PARTY. NOTHING YOU OBTAIN FROM AVALON OR THROUGH THE WEBSITE — WHETHER ORAL, WRITTEN, OR OTHERWISE — CREATES ANY WARRANTY BEYOND WHAT IS EXPRESSLY STATED IN THESE WEBSITE TERMS.

Certain jurisdictions do not permit the exclusion of specific warranties or the limitation of certain damages. Where such restrictions apply, some of the exclusions above may not apply to you. Nothing in these Website Terms limits Avalon's liability for matters that cannot be excluded or limited under applicable law.

16. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AVALON PARTIES ARE NOT RESPONSIBLE FOR ANY LOSSES OR DAMAGES THAT ARE INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE IN NATURE. THIS INCLUDES LOSSES ARISING FROM LOST REVENUE OR PROFITS, DIMINISHED GOODWILL, LOSS OF DATA OR USE OF DATA, BUSINESS INTERRUPTION, OR COSTS OF OBTAINING ALTERNATIVE PRODUCTS OR SERVICES — REGARDLESS OF HOW THE CLAIM ARISES OR WHAT THEORY OF LIABILITY IS ASSERTED, AND EVEN IF AVALON WAS AWARE THAT SUCH LOSSES WERE POSSIBLE.

AVALON'S TOTAL LIABILITY TO YOU FOR ANY AND ALL CLAIMS CONNECTED TO YOUR USE OF THE WEBSITE SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00). THIS CAP REFLECTS THE AGREED-UPON ALLOCATION OF RISK BETWEEN AVALON AND YOU AS A USER OF A FREE INFORMATIONAL AND E-COMMERCE PLATFORM.

17. Indemnification

By using the Website, you agree to protect, defend, and hold harmless Avalon Equipment Corporation and the Avalon Parties from any claims, losses, costs, liabilities, or expenses — including reasonable attorneys' fees — that arise from or are related to your use of the Website. This includes situations where: content you submit through the Website causes harm to a third party; you or someone using your account violates these Website Terms; your conduct on the Website infringes another party's intellectual property, privacy, or other legal rights; or your actions through the Website breach any applicable law or regulation. Where Avalon chooses to assume control of the defense of any such matter, you agree to cooperate reasonably and not to settle any claim without Avalon's prior written consent.

18. Privacy & Cookie Policy

Avalon is committed to protecting your privacy online. Data you provide through the Website shall only be used in accordance with Avalon's Privacy Policy, available at avalontest.com/privacy-policy, which is incorporated into these Website Terms by reference. By using the Website, you consent to the data practices described in our Privacy Policy. We encourage you to review it carefully.

The Website may use cookies and similar tracking technologies to enhance your experience, analyze usage, and support marketing efforts. You may control cookie preferences through your browser settings or through any cookie consent mechanism on the Website.

19. Digital Millennium Copyright Act (DMCA)

Avalon respects the intellectual property rights of others and expects users of the Website to do the same. If you believe that content on the Website infringes your copyright, please submit a written notice to Avalon's designated copyright agent containing the following information:

• An electronic or physical signature of the person authorized to act on behalf of the copyright owner;
• A description of the copyrighted work you claim has been infringed;
• The URL or location on the Website where the allegedly infringing material is located;
• Your name, address, telephone number, and email address;
• A statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or applicable law; and
• A statement, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.

Please send DMCA notices to:

Avalon Webmaster (Copyright Agent)
Email: info@avalontest.com
Phone: (760) 536-0191
Mail: 3194 Lionshead Ave, Carlsbad, CA 92010

Avalon will respond promptly to valid DMCA notices. Under Section 512(f) of the DMCA.

20. International Access

The Website may be accessed from countries outside the United States. The Website may contain products, services, or references that are not available in certain countries or regions. If you access the Website from outside the United States, you are responsible for ensuring that your access to and use of the Website complies with all applicable local laws and regulations in your jurisdiction. Avalon makes no representation that the Website or its content is appropriate or available for use in all locations.

21. Governing Law & Dispute Resolution

These Website Terms are governed by and construed in accordance with the laws of the State of California and controlling United States federal law, without regard to conflict of law provisions. Any dispute arising out of or relating to these Website Terms or your use of the Website shall be resolved exclusively in a state or federal court of competent jurisdiction located in San Diego County, California, and you hereby consent to the personal jurisdiction and venue of such courts.

22. General Provisions

Force Majeure. Avalon will not be held liable for any delay or failure in performance of the Website due in whole or in part to any acts of nature, government action, labor disputes, utility failures, cyberattacks, or other causes beyond Avalon's reasonable control.

Severability. These Website Terms are intended to be enforced to the fullest extent permitted by law. If any provision is determined by a court to be invalid or unenforceable, that provision will be modified to the minimum extent necessary to make it valid and enforceable, and all other provisions will continue in full force and effect unaffected by such determination.

Waiver. Avalon's failure to enforce any right or provision of these Website Terms will not prevent Avalon from enforcing such right or provision in the future.

Assignment. Avalon may assign its rights and obligations under these Website Terms, including in connection with a merger, acquisition, sale of assets, or by operation of law, without notice to or consent of you. You may not assign any rights or obligations under these Website Terms without Avalon's prior written consent.

Entire Agreement. These Website Terms, together with the Privacy Policy and Avalon's Standard Terms and Conditions (for commercial transactions), constitute the entire agreement between you and Avalon with respect to your use of the Website and supersede all prior agreements and understandings relating to the same subject matter.

23. Changes to These Terms

Avalon may revise these Website Terms at any time without prior notice. When changes are made, Avalon will update the "Last Updated" date at the top of this page. Please check these Website Terms regularly. Your continued use of the Website after any change has been posted constitutes your acceptance of the revised Website Terms. If you do not agree to the revised terms, please discontinue use of the Website.

24. Contact Us

If you have questions or concerns about these Website Terms, please contact us:

• Email: info@avalontest.com
• Phone: (760) 536-0191
• Mail: 3194 Lionshead Ave, Carlsbad, CA 92010
• Website: www.avalontest.com