These General Terms and Conditions of Use (“Terms”) are entered into by and between you and AVAcore Technolgies. In consideration of your use of and access to this Internet site (and the promises and obligations herein, and intending to be legally bound, you and AVAcore hereby agree as follows: Your access to and use of the AVAcore site is subject to these Terms, as well as any modifications issued by AVAcore to these Terms, and all applicable laws and regulations. BY USING THIS SITE, YOU AGREE TO THESE TERMS. If you do not want to be bound by these Terms, do not use the AVAcore site.
Among other things, AVAcore provides information concerning various products and services and the opportunity to obtain additional information concerning those products and services or to purchase them. These Terms and the information provided in the AVAcore site in no way override the terms and conditions of your purchase of any product or service except as specifically provided herein. To the extent any area within avacore.com contains specific terms and conditions concerning its use (“Specific Terms”), those Specific Terms are in addition to these Terms. To the extent there is a direct conflict between these Terms and the Specific Terms, the Specific Terms shall prevail.
2. Changes in Terms
AVAcore shall have right at any time and without prior notice, at its sole discretion, to revise these Terms or to impose new terms and conditions with respect to access to or use of avacore.com. Such revisions and additions shall be effective immediately upon notice thereof, which may be given by any means, including but not limited to posting the revised or additional terms and conditions on avacore.com. You are responsible for reviewing avacore.com periodically for any modification to this Agreement that may affect your rights or obligations hereunder. You agree that you shall be deemed to be apprised of and bound by any modification by AVAcore to these Terms. ANY ACCESS OR USE OF THIS SITE BY YOU AFTER NOTICE OF REVISIONS OR ADDITIONS TO THESE TERMS SHALL CONSTITUTE AND BE DEEMED TO BE YOUR AGREEMENT TO SUCH REVISIONS OR ADDITIONS. No modification to these Terms by any party other than AVAcore shall be valid or enforceable against AVAcore unless expressly agreed to by AVAcore in a writing signed by a duly authorized officer of AVAcore.
These Terms are effective until terminated by AVAcore. AVAcore may terminate these Terms without notice and at any time. In the event of termination, you are no longer authorized to access avacore.com and the restrictions imposed on you with respect to the Content, and the disclaimers, indemnities, and limitations of liabilities set forth in these Terms shall survive termination. AVAcore shall also have the right without notice and at any time to terminate avacore.com or any portion thereof, or any products or services offered through avacore.com, or to terminate any individual’s right to access or use avacore.com or any portion thereof.
4. Compliance with Laws
You agree to comply with all applicable laws, statutes, ordinances and regulations regarding your use of avacore.com and your purchase of the items on avacore.com.
The text, images, photographs, graphics, logos, illustrations, descriptions, data, and other material provided on avacore.com, as well as the selection, assembly and arrangement thereof, are referred to collectively as the “Content.” The Content may contain errors, omissions, or typographical errors or may be out of date. AVAcore may change, delete or update any Content at any time and without prior notice. The Content is provided for informational purposes only and is not binding on AVAcore in any way except to the extent it is specifically indicated to be so. Unless otherwise noted, all Content is protected by copyrights, trademarks, service marks, and other proprietary rights that are owned by AVAcore or by third parties that have licensed their use to AVAcore. You may view and use the Content only for your personal information and for shopping and ordering on avacore.com. Except as provided in the foregoing, AVAcore does not grant to you or any person any right to use, reproduce, copy, modify, transmit, display, publish, sell, license, create derivative works, publicly perform, or distribute by any means, method, or process whatsoever, now known or hereafter developed, any of the Content on or transmitted through avacore.com, including without limitation by transferring, downloading or otherwise copying any Content onto any disk drive or other storage medium. Any use of the Content, except as specifically permitted in these Terms or as otherwise expressly permitted in the Content or in writing signed by AVAcore, is strictly prohibited.
6. Linked Third Party Sites
Links to other Internet sites operated by third parties, including AVAcore vendors, do not constitute sponsorship, endorsement, or approval by AVAcore of the content, policies, or practices of such linked sites. Linked sites are not operated, controlled, or maintained by AVAcore, and AVAcore is not responsible for the availability, content, security, policies or practices of linked sites, including without limitation, privacy policies and practices. Links to other sites are provided for your convenience only, and you access them at your own risk.
7. Prices; Orders
All prices displayed on avacore.com are quoted in U.S. dollars. AVAcore may restrict delivery to addresses within the United States and throughout the world. AVAcore will add shipping and handling fees and applicable sales/use tax. AVAcore reserves the right without prior notice to discontinue or change specifications and prices on products and services offered on avacore.com without incurring any obligation to you. Products displayed on this site are available while supplies last. The receipt by you of an order confirmation does not constitute AVAcore’s acceptance of an order. Prior to AVAcore’s acceptance of an order, verification of information may be required. AVAcore reserves the right at any time after receipt of your order to accept or decline your order, or any portion thereof, even after your receipt of an order confirmation from AVAcore, for any reason. AVAcore reserves the right to limit the order quantity on any item and to refuse service to any customer without prior notification. In the event that a product or service is listed at an incorrect price due to supplier pricing information or typographical error, AVAcore shall have the right to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed and your payment made.. If your payment has already been made for the purchase and your order is canceled, AVAcore shall promptly issue you a refund in the amount of the incorrect price.
8. Disclaimer and Limitation of Liability as to this Site and Content
AVACORE MAKES NO WARRANTIES OR REPRESENTATIONS WHATSOEVER WITH RESPECT TO THE AVACORE SITE OR ANY LINKED SITE OR ITS CONTENT, INCLUDING THE AVAILABILITY OF ANY SITE OR THE CONTENT, INFORMATION AND MATERIALS ON IT OR THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THAT CONTENT, INFORMATION AND MATERIALS. AVACORE ALSO DOES NOT WARRANT OR REPRESENT THAT YOUR ACCESS TO OR USE OF AVACORE.COM OR ANY LINKED SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OMISSIONS, THAT DEFECTS WILL BE CORRECTED, OR THAT AVACORE OR ANY LINKED SITE IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS. WITHOUT LIMITING THE FOREGOING, ALL CONTENT PROVIDED ON THIS SITE IS PROVIDED TO USERS “AS IS,” WITH NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY. THE “AS IS” CONDITION OF CONTENT IS EXPRESSLY MADE A CONDITION OF ANY TRANSACTION ARISING THROUGH OR AS A RESULT OF AVACORE.COM. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties. UNDER NO CIRCUMSTANCES SHALL AVACORE, ITS SUPPLIERS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY OUT OF ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE AVACORE.COM OR ANY LINKED SITE OR ITS CONTENTS, INCLUDING BUT NOT LIMITED TO LOST PROFITS, BUSINESS INTERRUPTION, OR LOSS OF PROGRAMS OR OTHER DATA ON COMPUTER SYSTEMS OR OTHERWISE, EVEN IF AVACORE IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
9. Disclaimer and Limitation of Liability as to Products and Services
We want you to be completely satisfied with your AVAcore purchase. If for any reason you are not entirely pleased with a product you purchased on avacore.com, please contact customer service at 1-888-AVACORE. Unused products in their original packaging can be returned within 30 days of purchase. Once your return is received, we will refund you in the same method as the order was paid, excluding shipping fees. As AVAcore products are personal-use items, we regretfully cannot accept returns on used purchases.
UNDER NO CIRCUMSTANCES SHALL AVACORE, ITS SUPPLIERS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS AND BUSINESS INTERRUPTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY FROM ANY PRODUCT OR SERVICE SOLD OR PROVIDED ON AVACORE.COM, EVEN IF AVACORE IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL AVACORE’S LIABILITY EXCEED THE PRICE YOU PAID FOR THE PRODUCT OR SERVICE THAT IS THE SUBJECT OF THE CLAIM.
You agree to defend, indemnify, and hold harmless AVAcore, AVAcore’s vendors, and their affiliates and related entities and their respective directors, officers, employees, and agents from and against all claims, losses, damages, liabilities, and costs (including but not limited to reasonable attorneys’ fees and court costs), arising out of or relating to your breach of these Terms or your access to or use of avacore.com. The foregoing indemnification obligation shall survive termination of these Terms and AVAcore and any product or service provided to you arising out of or relating to your use of avacore.com.