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AVATA

Legal Terms & Conditions

Important
Avata Inc ("Avata" or "the Company") provides access to and use of the Internet site located at the URL http://www.avatastyle.com (the "Site") as described herein to you ("you" "your" or "customer") based on the following terms and conditions ("Terms and Conditions" or "Agreement"). If you visit and use the Site you accept these terms and conditions. Please read them carefully. The company may, at its sole discretion, modify or revise these terms at any time by updating this web page. You are bound by such modification or revision and should therefore visit this page periodically to review the terms.

License and Site Access
Avata grants you a limited license to access and make personal use of the Site and not to download (other than page caching) or modify it, or any portion of it, except with expressed written consent of Avata. This license does not include: any resale or commercial use of the Site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Site or its contents; or any use of data mining, robots, or similar data gathering and extraction tools.

The copyright laws of the United States protect all content on this Site. The Site or any portion of the Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without expressed written consent of Avata, Two Park Square, Suite 200, 6565 America's Parkway, Albuquerque NM USA 87110. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Avata and our affiliates without expressed written consent. You may not use any meta tags or any other "hidden text" utilizing Avata name or trademarks without the expressed written consent of Avata. You agree and acknowledge that you are not employed by, paid by, affiliated with or under the supervision of any competing website, service, company or other similar entitry.

Any unauthorized use terminates the permission or license granted by Avata, which is as follows. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to any page of Avata so long as the link does not portray Avata, its partners/affiliates, or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Avata logo or other proprietary graphic or trademark as part of the link without expressed written permission.

Copyright Complaints
Avata and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us via email so that we may remove the material without incodent. Use the contact link located at the bottom of every page of our site for contact infromation details.

Your Account
If you become a registered user of the Site, you are responsible for maintaining the confidentiality of your account and password, and you agree to accept responsibility for all activities that occur under your account or password. You may not establish more than one account. Avata believes in protecting the privacy of children online. If you are under 13, you may use the Site only with involvement of a parent or guardian. Avata and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at their sole discretion.

Content and other information
The Site attempts to be as accurate as possible. However, Avata does not warrant that product descriptions, pricing, editorial, or other content of the Site is accurate, complete, reliable, current, or error-free. Every attempt is made to provide accurate information, however Avata cannot possibly insure the accuracy of all the information at all times, so you should not rely on such information in situations where its inaccuracy would cause you to suffer any significant loss. Avata assumes no liability for inaccuracies in its search results, editorial content, or other content on the site. The various products referenced in the Site are provided by third party vendors pursuant to agreements or other arrangements between such vendors and the end user. Avata does not sell, resell, or license any of the products, and disclaims any responsibility for or liability related to such products. Any questions, complaints, or claims related to any product should be directed to the appropriate vendor.

Other Businesses and Links to Other Sites
Parties other than Avata and its subsidiaries operate, provide services, or sell product lines through the Site. In addition, we provide links to the sites of both affiliated and non-affiliated companies and certain other businesses. These links are provided to you solely as a convenience to you and not as an endorsement by Avata of the contents on such third-party sites. We are not responsible for examining or evaluating, and we do not warrant the offerings of any of these businesses or individuals or the content of their web sites. Avata does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.

Indemnity
You agree to defend, indemnify, and hold harmless Avata, its officers, directors, employees, and agents, from and against any claims, actions and demands, including without limitation any legal and accounting fees alleging or resulting from your use of the site or your breach of this agreement. Avata shall provide notice to you promptly of any such claim, suit or proceeding.

Applicable Law
By visiting the Site, you agree that the laws of the State of New Mexico, without regard to principles of conflict of laws, will govern the terms of this agreement and any dispute of any sort that might arise between you and Avata or its affiliates.

Disputes
Any dispute relating in any way to your visit to the Site or to products you purchase through Avata shall be submitted to confidential arbitration in the city of Albuquerque, New Mexico, USA, except that, to the extent you have in any manner violated or threatened to violate Avata's intellectual property rights, Avata may seek injunctive or other appropriate relief in any state or federal court in the State of New Mexico, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

Site Policies, Modification, and Severability
Please review our other policies posted on the Site. These policies also govern your visit to the Site and others. We reserve the right to make changes to our site, policies, and the terms of this agreement at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

Export Restrictions
You acknowledge and agree that you shall not import, export, or re-export directly or indirectly, any commodity, including your Avata products incorporating or using any Avata services in violation of the laws and regulations of any applicable jurisdiction. You shall not be located in or use the Avata service(s) in any country or region where such use is prohibited under U.S. export regulations, or under the terms of the Agreement or this Schedule. You represent that you are not one of the individuals, and are not affiliated with entities, on the Bureau of Export's Denied Persons/Entities Lists. If at anytime you are added to these lists you agree to immediate termination of your account.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE SITE IS PROVIDED BY AVATA INC.. ON AN "AS IS" AND "AS AVAILABLE" BASIS. AVATA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, GRAPHICS, LINKS, MATERIALS, PRODUCTS, OR SERVICES INCLUDED ON THE SITE, OR THEIR ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS. IN ADDITION, THIRD PARTIES PROVIDE SOME OF THE MATERIAL ON THE WEB SITE; AVATA SHALL NOT BE RESPONSIBLE FOR ANY SUCH THIRD PARTY MATERIAL. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, AVATA DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY OR THIRD PARTY RIGHTS. AVATA DOES NOT WARRANT THAT THE SITE, ITS SERVERS, OR E-MAIL SENT FROM AVATA ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. AVATA WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. IF YOU ARE DISSATISFIED WITH ANY OF THE MATERIALS OR OTHER CONTENTS OF THE SITE, WITH THESE TERMS AND CONDITIONS, THE COMPANY'S PRIVACY POLICY OR OTHER POLICIES, YOUR SOLE REMEDY IS TO DISCONTINUE THE USE OF THE SITE.

 

AVATA WARRANTY

Product Warranty
All Avata-branded hardware products, including clearance and refurbished products, carry the Standard Avata Product Warranty (SAPW), which is a Limited Warranty against defects in materials and workmanship for one year from the date of purchase. You may review a copy of the Avata Warranty on new products, including its limitations and exclusions, before you purchase, by clicking the appropriate link in the legal section of our website.

Non-Avata-branded/Third-party products are sold "AS IS" by Avata, but may be accompanied by their manufacturers' standard warranties. "AS IS" products are sold by Avata as is, where is, and with all faults, and without express or implied warranties from Avata. If you have questions about any manufacturers' warranties that accompany such products, please contact the manufacturer directly.

Note: Products sold through this Web site which do not bear the Avata brand name are serviced and supported exclusively by their manufacturers in accordance with any terms and conditions packaged with the products unless otherwise stated. The Avata Warranty does not apply to products that are not Avata-branded, even if packaged or sold with Avata products, including OS and support products, unless otherwise stated. Please contact the manufacturer directly for technical support and service.

Services Warranty
All offerings through Avata-branded service products, including third-party services which are re-branded with Avata services such as Magento, OpenBravo, and SugarCRM, carry the Standard Avata Services Warranty (SASW), which is a Limited Warranty against defects in functionality and and performance for one year from the date of purchase. You may review a copy of the Avata Services Warranty on new products, including its limitations and exclusions, before you purchase, by clicking the appropriate link in the legal section of our website.

Note: Services sold through this Web site which do not bear the Avata brand name are serviced and supported exclusively by their manufacturers in accordance with any terms and conditions packaged with the products unless otherwise stated. The Standard Avata Services Warranty does not apply to services products that are not Avata-branded, even if packaged or sold with Avata products, including third-party software such as Magento, OpenBravo or SugarCRM, unless otherwise stated. Please contact the manufacturer directly for technical support and service.

 

OTHER TERMS

Other Terms & Conditions
Avata is not responsible for typographical errors. Avata reserves the right to change the terms and conditions of this document at any time. All sales at Avata are governed by New Mexico law, without giving effect to its conflict of law provisions. No Avata employee or agent has the authority to vary any of Avata's policies or modify any of the the terms, conditions or prices governing any sale.

Export Restrictions
Avata sells and ships products only within the continental United States, including Alaska, and Hawaii, as well as most major countries of the European Union, including, but not limited to, Puerto Rico, United Kingdom, Spain, Germany, France, Netherlands and more for a complete list please contact Avats using the contact link at the bottom of every webpage on this site. No shipments can be made to APO or FPO addresses. In addition, you may not export any products purchased from Avata or resell them.

 

Avata Inc.
Two Park Square Suite 200
6565 America's Parkway NE
Albuquerque NM USA 87110

This is an Avata legal document that contains the following information

>Legal Terms
Standard Legal Terms of use/service for Avata websites and transactions.
>Warranty Info
Basic information about the Avata Warranty, terms and conditions.