100 AVA Terms & Conditions

Transcription

1 100 AVA Terms & Conditions THIS IS A LEGAL AGREEMENT. BY ACCESSING THIS WEB SITE OR USING ANY SERVICE PROVIDED HEREIN, YOU ACCEPT AND AGREE TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. PLEASE READ THIS ENTIRE AGREEMENT CAREFULLY BEFORE ACCEPTING ITS TERMS. 1) Parties: The parties to this Agreement are you, a visitor to this web site ("You"), and this web site 100AVA.COM owned and operated by 100 AVA Group, ("100 AVA"). All references to "us", "this web site" or "this site" shall be construed to mean 100 AVA If the user is not an individual, then "You" means Your Company, its officers, members, agents, successors and assigns. 2. Agreement to Terms of Use and Amendment: 100AVA.COM grants a nonexclusive, non-transferable, and revocable license to you and provides the services available at this site to you subject to the following terms and conditions. WE MAY AMEND THESE TERMS AND CONDITIONS FROM TIME TO TIME WITHOUT NOTICE TO YOU. YOU CAN REVIEW THE MOST CURRENT VERSION OF THE TERMS AND CONDITIONS AT ANY TIME AT THIS SITE. IN ADDITION, WHEN USING PARTICULAR SERVICES IN THIS SITE, GUIDELINES OR RULES MAY BE POSTED WHICH ARE APPLICABLE TO YOUR USE OF THOSE SERVICES. YOUR USE OF THIS SITE AND YOUR RELATIONSHIP WITH 100AVA.COM ARE SUBJECT TO ALL GUIDELINES OR RULES THAT MAY BE POSTED FROM TIME TO TIME ON THE SITE, WHICH ARE ALL INCORPORATED BY REFERENCE INTO THIS AGREEMENT. BY USING THIS SITE, YOU ARE AGREEING TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THE MOST CURRENT VERSION OF THE TERMS OF USE AGREEMENT AND ANY GUIDELINES AND RULES POSTED ON

2 THIS SITE. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT USE THIS SITE. 3. Membership Eligibility and Account Responsibilities: Our Services are only available to individuals who can form legally binding contracts under applicable law. To be an eligible member of 100AVA.COM you as the user must provide to 100AVA.COM with your legal first and last name, billing address, city, state, country, postal code, and address. Should you knowingly falsely any of the required information, your account shall be terminated immediately with or without prior notice. You should make every reasonable effort to safe guard your user name and password from unauthorized use. 100AVA.COM is not responsible for any unauthorized use of your account. We have the right to terminate your account at any time if we have any reason to believe that you have misused your account. 4. Prohibited Conduct: You agree (i) not to use this site to upload or distribute in any way files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; (ii) not to interfere or disrupt this site or any networks connected to this site; (iii) not to use any device, software or routine or attempt to interfere with the proper functioning of this site or any transactions being offered at this site; (iv) not to take any action that imposes an unreasonable or disproportionately large load on 100AVA.COM infrastructure; (v) not to use this site to collect or harvest personal information, including, without limitation, financial information, about other participants at this site; and (vi) not to impersonate any person or entity or falsely state or otherwise misrepresent Your affiliation with a person or entity. You agree not to use the services, products, or downloads available at this site for illegal purposes, and to comply with all regulations, policies and procedures of networks connected to this site.

3 5. Compliance with Laws: You shall comply with all applicable laws and regulations of the United States and foreign authorities (including, but not limited to United States trade restriction laws, export laws or license requirements and laws regarding the sale or transport of hazardous materials, and laws regarding the transmission of technical data, including without limitation encryption, exported from the United States through the services available at this site) relating to any service, product, or download associated with this site. 6. Indemnification: You agree to release, indemnify, defend and hold harmless 100AVA.COM, its subsidiaries, affiliates, officers, directors, employees, agents and advisors, from and against any and all losses, liabilities, claims (including claims without legal merit or brought in bad faith), demands, damages, costs or expenses, causes of action, suits, proceedings, judgments, awards, executions and liens, including reasonable attorneys' fees and costs (whether brought by third parties or otherwise) (collectively, "Claims") due to or arising out of your use of or conduct on this Web Site or the service. 100AVA.COM reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder, and in such event, you shall have no further obligation to provide indemnification for such matter. 7. Copyright: All content included on this site, such as text, graphics, logos, button icons, images, audio clips, and software, is the property of 100AVA.COM or its content suppliers and protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all content on this site is the exclusive property of 100AVA.COM and protected by U.S. and international copyright laws. All software used on this site is the property of 100AVA.COM or its software suppliers and protected by U.S. and international copyright laws. The content and software on this site may be used as a shopping resource. Any other

4 use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the content on this site is strictly prohibited. 8. Representations and Warranties: THE SERVICE AND THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT IS PROVIDED "AS IS" AND "AS AVAILABLE" WITH NO TECHNICAL SUPPORT OR REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SYSTEM INTEGRATION, TITLE AND NONINFRINGEMENT. IN PARTICULAR, BUT WITHOUT LIMITATION, 100AVA.COM DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. 100AVA.COM DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE, IN TERMS OF ITS CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE. YOU UNDERSTAND AND AGREE THAT YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THIS SITE AND THE SERVICE, INCLUDING, BUT NOT LIMITED, USE THAT RESULTS IN DAMAGE TO YOUR COMPUTER OR LOSS OF DATA. 9. CALLING RATES: Prices are subject to change as 100ava reserves the right to change the rates at any time without notice. For each answered call, billing starts after the call is answered. All calls will be charged in two-minute steps if it is less than it. An 800 access fee may be applied to calls without a valid destination number and such fee shall be charged to your calling card. 100AVA.COM makes no representation as to

5 whether calls to the local access numbers listed will incur long-distance or other charges imposed by the customer local telephone company, and disclaims all responsibility for any such charges. Federal, State, value added and local taxes for Lifeline Assistance and Universal Service Fund will be deducted from your calling card. Calls to Directory Assistance will be charged at a higher rate and such may be charged to your calling card. For fraud protection purposes, first-time customers may be subject to telephone verification before shipment. If the 100AVA.COM system flags your order for verification, one of our customer service representatives will call you as soon as possible to confirm your order over the phone. 10. Return & Refund: 100AVA is committed to customer satisfaction and offers 100% money back guarantee. 100AVA will refund the amount for any product to any customer who is dissatisfied with its services. The refund policy applies only for claims received by 100AVA within 60 days since purchase date. You may request for a refund by submitting a written request in English to 100AVA customer service at support@100ava.com or faxing it to Refund requests carried out through other means may not be eligible for the refund. 100ava reserves the right to deny repetitive refund requests. Any abuse by you of the terms relating to refunds hereunder shall lead to the termination of this Agreement. Usage amount (if there is any) and any promotion or discount applied to an order for which a refund is provided will be deducted from the amount of the refund. All payments older than 60 days are non-refundable. 11. Termination & Cancelation: You agree that 100ava may, at its sole discretion, deny you access to the site and disable any user name and password associated with you for any reason, including, without limitation, if 100ava believes that you have violated or acted inconsistently with the letter or spirit of this agreement. 100ava reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the services offered under this site (or any part thereof) with or

6 without notice. You agree that 100ava shall not be liable to you or to any third party for any modification, suspension or discontinuance of the services offered under this site. Also You may cancel the 100ava Services at any time if you are not happy with 100ava Services, all 100ava Services will be cancelled from the Site or within 5 days of receipt of written notice from you and the remaining amount in your balance will be returned to you (transfer fee and any usage cost and any promotion or discount applied to an order for which a refund is provided, will be deducted from the amount of the refund). 12. Limited Liability: 100AVA.COM AND ALL AFFILIATES AND CONTENT PROVIDERS AND THEIR RESPECTIVE SHAREHOLDERS AND AFFILIATES SHALL NOT BE LIABLE FOR ANY LOSS OF BUSINESS, LOSS OF USE OR OF DATA, INTERRUPTION OF BUSINESS, LOST PROFITS OR GOODWILL, OR OTHER INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF THIS AGREEMENT, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS AND WHETHER OR NOT THEY HAD ANY KNOWLEDGE, ACTUAL OR CONSTRUCTIVE, THAT SUCH DAMAGES MIGHT BE INCURRED, AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. THIS EXCLUSION INCLUDES ANY LIABILITY THAT MAY ARISE OUT OF THIRD-PARTY CLAIMS AGAINST YOU. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE GOODS OR SERVICES PROVIDED ON THIS SITE OR THIS AGREEMENT MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED. YOU FURTHER AGREE IF YOU BECOME ENTITLED TO ANY RECOVERY, THAT YOUR RECOVERY SHALL BE LIMITED TO THE AMOUNT OF FEES OR PAYMENTS MADE TO 100AVA.COM, IF ANY, FOR THE SERVICE, SOFTWARE OR CONTENT AT ISSUE.

7 13. Applicable Law: This site is created and controlled by 100 AVA. As such, the laws USA will govern these disclaimers, terms, and conditions, without giving effect to any principles of conflicts of laws. We reserve the right to make changes to our site and these disclaimers, terms, and conditions at any time. 14. Contact Information: You may contact us at: Address: Phone: Fax: st Ave, New York, NY, United States Info@100ava.com