|
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.
|