Welcome to the Ava And Viv® Jeans, Dresses, Tops, Shorts website, owned and operated by Ava And Viv LLC (“Ava And Viv“, “we“, “us“, or “our“). These Terms and Conditions (“Terms“) govern your access to and use of our website https://www.ava-viv.com/ (the “Site“) and any content, products, or services made available through the Site (collectively, the “Services“).
Please read these Terms carefully before using the Site or Services. By accessing the Site or using any Services, you agree to become bound by these Terms. If you do not agree to all provisions of these Terms, you may not access or use the Site or Services.
Use of Site and Services
Eligibility: The Site and Services are intended solely for users who are 18 years of age or older. Any access to or use of the Site or Services by anyone under 18 is unauthorized, unlicensed, and in violation of these Terms.
Account Registration: Certain features or Services may require you to register for an account. When creating an account, you agree to provide accurate and complete information and to promptly update this information if it changes. You are solely responsible for all activity that occurs under your account.
Ordering Products: We may make certain products available for purchase on the Site. By placing an order for products through the Site, you warrant that you are legally capable of entering into contracts. Your order constitutes a legal offer to purchase, subject to our acceptance. All orders are subject to product availability and other possible delays.
Reservation of Rights: We reserve the right to refuse service, terminate your rights to use the Services, remove or edit content, or cancel your order or account at any time, for any reason, without notice to you.
Site Content and Intellectual Property
Site Content: The Site and its original content, features, and functionality are owned by Ava And Viv and are protected by copyright, trademark, patent, trade secret, and other laws.
User Content: By posting, uploading, inputting, providing, or submitting any content to the Site, you grant us an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said content in any media. You agree that you have the right to grant such license to us.
Our Marks: The trademarks, service marks, and logos displayed on the Site are our registered and unregistered trademarks. Nothing on the Site should be construed as granting any license or right to use our Marks without express written permission.
Third Party Content: The Site may contain content that belongs to third parties. Unless otherwise provided, third party content is licensed to us for our use. You may not copy, modify, distribute, sell, or lease any part of the Site or Services unless expressly authorized by us.
User Conduct
As a condition of your access to and use of the Site and Services, you agree to comply with these Terms and all applicable laws, rules, and regulations. You agree not to:
- Use the Site or Services for any illegal purpose or in violation of laws
- Infringe our or any third party’s intellectual property rights
- Post or transmit offensive, obscene, vulgar, defamatory, or hateful content
- Harass, threaten, or abuse any person or group
- Post false, inaccurate, misleading, or fraudulent information
- Distribute viruses, corrupted files, or any other technologies that may harm the Site
- Engage in unauthorized data collection, mining, or harvesting
- Impersonate any person or entity or perform any similar fraudulent activity
- Violate the privacy or proprietary rights of others
- Post or transmit spam, junk mail, chain letters, or unsolicited mass mailing
- Promote any illegal activity or enterprise
Confidential Information
You agree not to reproduce, disclose, publish, or disseminate any confidential information accessible through the Site or Services without our express written permission.
Assumption of Risk
Certain risks are inherent in the use of online services. You assume all risk associated with your access to and use of the Site and Services. We are not responsible for any issues arising from the performance or security of the internet and systems you use to access the Site or Services.
Disclaimer of Warranties
THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM US WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
Limitation of Liability
WE, OUR SUBSIDIARIES, AFFILIATES, LICENSORS, AND BUSINESS PARTNERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, REPUTATION, USE, OR DATA, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SITE OR SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATING TO THESE TERMS OR THE SITE AND SERVICES WILL NOT EXCEED THE AMOUNT PAID BY YOU TO US OVER THE PRIOR TWELVE MONTHS, OR $100, WHICHEVER IS GREATER. THIS LIMITATION OF LIABILITY IS A FUNDAMENTAL PART OF OUR AGREEMENT TO PROVIDE THE SITE AND SERVICES.
Termination
We may suspend or terminate your right to access and use the Site and Services immediately for any reason, at our sole discretion, including for violation of these Terms. We have the right to remove any data or content you have submitted to or posted on the Site without notice to you. Upon termination, your right to access and use the Site and Services will immediately cease. We will not be liable to you or any third party as a result of termination.
Governing Law
These Terms and your use of the Site and Services are governed by the laws of the State of Delaware, without regard to conflict of law rules. You expressly agree that exclusive jurisdiction and venue for any claim or dispute with us or relating to your access to or use of the Site and Services resides in the state and federal courts in New Castle County, Delaware and you further agree to submit to the personal jurisdiction of such courts.
Arbitration Agreement
At our or your election, all disputes, claims, and controversies arising out of or relating to the Site, Services, or these Terms shall be resolved by binding arbitration before a neutral arbitrator in New Castle County, Delaware. Arbitration shall proceed on an individual basis without the right for any claim to be arbitrated on a class action basis or consolidated with the claims of any other party.
Indemnity
You agree to fully indemnify, defend, and hold harmless us and our officers, directors, employees, agents, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses arising from: (a) your access to or use of the Site or Services; (b) your violation of any of these Terms or any applicable law; or (c) your violation of any third party rights, including third party intellectual property rights.
No Waiver
Our failure to enforce any provision of these Terms will not constitute a waiver. Any waiver must be in writing and signed by us. Unless explicitly stated otherwise, any waiver will be limited to the specific instance in which it was given.
Severability
If any provision of these Terms is deemed unlawful, void, or unenforceable, that provision shall be deemed severable and will not affect the validity or enforceability of the remaining provisions.
Changes to the Terms
We may revise these Terms at any time by posting an updated version. Any changes will be effective immediately upon posting. Your continued use of the Site or Services constitutes acceptance of the updated Terms. You should check this page periodically for updates.
Entire Agreement
These Terms constitute the entire agreement between you and Ava And Viv relating to their subject matter and supersede any prior understanding.
Contact Us
Please contact us with any questions regarding these Terms:
Ava And Viv LLC
123 Main St
Wilmington, DE 19801
[email protected]
