Terms and Conditions

 

Welcome to Avrae. These Terms and Conditions ("Terms") govern your access to and use of our website, services, and products (collectively, the "Services"). Please read these Terms carefully before using our Services.

By accessing or using Avrae, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Services.

1. ACCEPTANCE OF TERMS

1.1 Agreement

By creating an account, making a purchase, or using any part of our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy and Refund and Returns Policy.

1.2 Modifications

We reserve the right to modify these Terms at any time. We will notify you of any material changes by posting the updated Terms on our website and updating the "Last Updated" date. Your continued use of the Services after such changes constitutes your acceptance of the modified Terms.

1.3 Additional Terms

Certain features or services may be subject to additional terms and conditions, which will be presented to you when you access those features or services.

2. ELIGIBILITY

2.1 Age Requirement

You must be at least 18 years old to use our Services. By using our Services, you represent and warrant that you are at least 18 years of age.

2.2 Legal Capacity

You represent and warrant that you have the legal capacity to enter into a binding agreement and that you are not prohibited from using the Services under applicable law.

2.3 Account Suspension

We reserve the right to refuse service, terminate accounts, or cancel orders at our sole discretion, including if we believe you have violated these Terms.

3. ACCOUNT REGISTRATION

3.1 Account Creation

To access certain features of our Services, you may be required to create an account. When creating an account, you must:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Keep your password secure and confidential
• Notify us immediately of any unauthorized use of your account

3.2 Account Responsibility

You are responsible for all activities that occur under your account. You agree to:

• Not share your account credentials with others
• Not allow others to access your account
• Take reasonable steps to prevent unauthorized access
• Immediately notify us of any security breach

3.3 Account Termination

We may suspend or terminate your account at any time for any reason, including if you violate these Terms. You may also terminate your account at any time by contacting us at info@tryavrae.com.

4. USE OF SERVICES

4.1 License

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use our Services for your personal, non-commercial use.

4.2 Prohibited Uses

You agree not to:

• Use the Services for any illegal purpose or in violation of any laws
• Violate or infringe upon the rights of others, including intellectual property rights
• Transmit any harmful code, viruses, or malicious software
• Attempt to gain unauthorized access to our systems or networks
• Interfere with or disrupt the Services or servers
• Collect or harvest information about other users without consent
• Impersonate any person or entity or misrepresent your affiliation
• Use automated systems (bots, scrapers) to access the Services
• Engage in any fraudulent activity or misrepresentation
• Post or transmit spam, advertising, or promotional materials without authorization
• Reverse engineer, decompile, or disassemble any part of the Services
• Remove or modify any copyright, trademark, or proprietary notices

4.3 Compliance

You agree to comply with all applicable local, state, national, and international laws and regulations in your use of the Services.

5. PURCHASES AND PAYMENTS

5.1 Product Descriptions

We strive to provide accurate product descriptions, images, and pricing. However, we do not warrant that product descriptions, images, pricing, or other content is accurate, complete, reliable, current, or error-free.

5.2 Pricing

All prices are listed in the currency specified on our website and are subject to change without notice. We reserve the right to correct pricing errors and cancel orders placed with incorrect pricing.

5.3 Payment

By providing payment information, you represent and warrant that:

• You are authorized to use the payment method provided
• The payment information is accurate and current
• You will pay all charges incurred by you or on your behalf

5.4 Taxes

You are responsible for all applicable taxes, duties, and fees associated with your purchase, except for taxes based on our net income.

5.5 Order Acceptance

We reserve the right to refuse or cancel any order for any reason, including:

• Product availability
• Errors in product or pricing information
• Suspected fraudulent or unauthorized transactions
• Violation of these Terms

6. SHIPPING AND DELIVERY

6.1 Shipping Methods

We offer various shipping methods at different costs. Shipping times and costs will be displayed at checkout.

6.2 Risk of Loss

All items purchased from Avrae are made pursuant to a shipment contract. Risk of loss and title for items pass to you upon delivery to the carrier.

6.3 Delivery Issues

We are not responsible for delays or delivery failures caused by:

• Incorrect shipping information provided by you
• Carrier delays or issues
• Natural disasters, weather events, or force majeure
• Customs delays (for international orders)

6.4 Tracking

When available, we will provide tracking information for your order. You are responsible for monitoring the tracking information.

7. INTELLECTUAL PROPERTY

7.1 Ownership

All content on our Services, including text, graphics, logos, images, software, and other materials (the "Content"), is owned by or licensed to Avrae and is protected by copyright, trademark, patent, and other intellectual property laws.

7.2 Trademarks

Avrae and our logo are trademarks of Avrae. You may not use our trademarks without our prior written permission.

7.3 Limited Use

You may not reproduce, distribute, modify, create derivative works of, publicly display, republish, download, store, or transmit any Content without our express written permission, except as necessary to use the Services for their intended purpose.

7.4 User Content

If you submit, post, or upload any content to our Services ("User Content"), you grant us a worldwide, non-exclusive, royalty-free, perpetual, irrevocable license to use, reproduce, modify, adapt, publish, translate, distribute, and display such User Content.

7.5 User Content Representations

You represent and warrant that your User Content:

• Does not violate any third-party rights
• Does not contain illegal, harmful, or offensive material
• Complies with all applicable laws and regulations
• Is accurate and not misleading

8. DISCLAIMER OF WARRANTIES

8.1 "As Is" Basis

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

8.2 No Guarantee

We do not warrant that:

• The Services will be uninterrupted, secure, or error-free
• The results obtained from using the Services will be accurate or reliable
• The quality of any products, services, information, or materials will meet your expectations
• Any errors in the Services will be corrected

8.3 Product Warranties

Products may be covered by manufacturer warranties. We make no warranties beyond those provided by the manufacturer.

9. LIMITATION OF LIABILITY

9.1 Liability Cap

TO THE MAXIMUM EXTENT PERMITTED BY LAW, AVRAE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.

9.2 Maximum Liability

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRIOR TO THE CLAIM, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

9.3 Exclusions

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities, so the above limitations may not apply to you.

10. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Avrae, its affiliates, officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from:

• Your use of the Services
• Your violation of these Terms
• Your violation of any rights of another party
• Your User Content or any content you submit

11. THIRD-PARTY LINKS AND SERVICES

11.1 Third-Party Websites

Our Services may contain links to third-party websites or services that are not owned or controlled by Avrae. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services.

11.2 No Endorsement

The inclusion of any link does not imply our endorsement of the linked site or service. You access third-party websites at your own risk.

11.3 Third-Party Terms

Your use of third-party services may be subject to separate terms and conditions and privacy policies imposed by those third parties.

12. DISPUTE RESOLUTION

12.1 Informal Resolution

If you have a dispute with us, please contact us at info@tryavrae.com to attempt to resolve the matter informally before pursuing formal dispute resolution.

12.2 Arbitration Agreement

Any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Services shall be resolved through binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify.

12.3 Arbitration Rules

The arbitration will be conducted by a neutral arbitrator in accordance with the rules of the American Arbitration Association (AAA). The arbitrator's decision will be final and binding.

12.4 Class Action Waiver

YOU AND AVRAE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

12.5 Exceptions

Notwithstanding the above, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's intellectual property rights.

13. GOVERNING LAW

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which Avrae is registered, without regard to its conflict of law provisions.

14. SEVERABILITY

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect. The invalid or unenforceable provision will be replaced with a valid provision that most closely matches the intent of the original provision.

15. WAIVER

Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by Avrae.

16. ENTIRE AGREEMENT

These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and Avrae regarding the use of our Services and supersede all prior agreements and understandings.

17. ASSIGNMENT

You may not assign or transfer these Terms or your rights and obligations under these Terms without our prior written consent. We may assign these Terms without restriction.

18. FORCE MAJEURE

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

19. SURVIVAL

Provisions of these Terms that by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnification, and limitations of liability.

20. EXPORT COMPLIANCE

You agree to comply with all applicable export and import control laws and regulations in your use of the Services and will not export, re-export, or transfer any products or technology in violation of such laws.

21. FEEDBACK

If you provide us with any feedback, suggestions, or ideas about our Services ("Feedback"), you grant us the right to use such Feedback without any obligation to you.

22. CONTACT INFORMATION

If you have any questions about these Terms, please contact us:

Avrae
Email: info@tryavrae.com

23. ACKNOWLEDGMENT

BY USING OUR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND AGREE TO BE BOUND BY THEM.

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Thank you for using Avrae. We value your business and trust.