Terms & Conditions
Welcome to Av0s Internet website: Av0s.com. Av0s provides website access and features to you subject to the following Terms & Conditions of Use (collectively the “Terms”). PLEASE READ THESE TERMS CAREFULLY BEFORE USING Av0s WEBSITE. BY USING Av0s.com WEBSITE, YOU AGREE TO BE LEGALLY BOUND BY THESE TERMS; IF YOU DO NOT AGREE, DO NOT USE THIS WEBSITE. PLEASE NOTE THAT SECTION 16 BELOW CONTAINS PROVISIONS REQUIRING MANDATORY ARBITRATION TO RESOLVE DISPUTES AS WELL AS JURY AND CLASS ACTION WAIVERS, WHICH AFFECT YOUR LEGAL RIGHTS. PLEASE READ IT. Av0s may, in the future, modify or revise these Terms at its sole discretion, without any notice. When we make changes, we will update these Terms here. Your use of this Website, including but not limited to: Av0s.com, following any such revision constitutes your agreement to the revised Terms. You should check these Terms periodically for changes.
By using the Websites, you represent that you are at least 18 years old, or you are at least the minimum legal age to enter into a contract in the jurisdiction in which you are viewing the Website. The Website and the information contained in reference herein are for your personal, non-commercial use only. As long as you fully comply with these Terms, Av0s grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website.
1. Website Content. All text, graphics, interfaces, photographs, trademarks, logos, sounds, music, artwork, and computer code (collectively the “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content contained on the Websites is owned, controlled or licensed by or to Av0s, and is protected by trade dress, copyright, patent, and trademark laws, and various other intellectual property rights and unfair competition laws. Except as expressly provided in these Terms, no part of the Website and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without Av0s express prior written consent. You may only use the Content and information on Av0s products and services (such as data sheets, product images, technical specifications, articles, and similar materials) from the Website, provided that you (1) do not remove any copyright or other proprietary notice from any of the materials, (2) use such information only for your personal informational use and do not sell or modify the Content or reproduce, display, publicly perform, distribute, or otherwise use the Content in any way for any public or commercial purpose, (3) do not use the Content in a manner that implies an association with Av0s, or any of our products, services or brands, and (4) do not make any additional representations or warranties relating to such materials.
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2. Third-Party Links. The Website may contain links to other third-party websites (“Linked Websites”). Any such Linked Websites are provided solely for your reference and as a convenience to you. Av0s does not endorse or make any representation or warranty regarding the content or accuracy of such Linked Websites. Such Linked Websites are not under Av0s control, and Av0s is not responsible for and makes no endorsement or representation about the information or materials contained on such Linked Websites. If you access any Linked Websites, you do so at your own risk. Av0s IS NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES INCURRED BY YOU AS A RESULT OF YOUR DEALINGS WITH ANY THIRD-PARTY OR LINKED WEBSITES, ANY MERCHANT OR OPERATOR OF THIRD-PARTY OR LINKED WEBSITES, OR ANY OTHER PERSON WITH WHOM YOU ENGAGE IN ANY TRANSACTION.
3. Without the express prior written consent of Av0s, this limited license does NOT allow you: (1) to reproduce, duplicate, copy, sell, resell, visit, or in any way otherwise use or exploit for any commercial purpose all or any part of the Websites or their Content; (2) to collect and/or use any product listings, descriptions, or prices; (3) any derivative use of the Website or their Content; (4) to download or copy information, including but not limited to account information, for the benefit of yourself or any third party; (5) to download or modify all or any part of the Website or their Content; (6) any use of data mining, robots, or similar data gathering and extraction tools; (7) to use any meta tags or any other hidden data utilizing Av0s's name or trademarks; (8) to frame or capture any trademark, logo, or other proprietary information (e.g., text, photographs, images, page layout, etc.) on the Website, and/or (9) any other inappropriate or improper use of the Website or their Content. Any unauthorized use by you of any of these Terms shall automatically terminate the limited license granted by Av0s to you to use the Website or their Content.
4. Your Account and Obligations. If you use the Website, you are solely responsible for maintaining the confidentiality of your account information (including but not limited to your password and credit card information) and for restricting access to your computer. You agree to accept full responsibility for all activities that occur under your account or password and you agree to notify Av0s immediately of any unauthorized use of your account or password, or any other breach of security. You understand and agree that you may be held liable for losses incurred by Av0s and/or any other user of or visitor to the Website due to someone else using your Av0s username, password or account if you fail to keep your account information secure and confidential.
You may not use any other person’s Av0s username, password or account at any time without the express permission and consent of the holder of that Av0s username, password or account. If you are under 18, you may use Av0s’s Website only with involvement and approval of a parent or guardian. Av0s will not be liable for any loss or damage arising from your failure to comply with these obligations. You agree not to impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person's username, password or other account information, or another person's name, likeness, voice, image or photograph. You also agree to notify Av0s at info@av0s.com immediately upon learning of any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to Av0s Website. Av0s may suspend or terminate your account and your use of any Website if you fail to comply with these Terms, and Av0s reserves the right to refuse service, terminate any account, remove or edit Content, and/or cancel orders in Av0s’s sole discretion.
Your use of the Website is conditioned upon your agreement to comply with all applicable laws in connection with your use of the Websites, these Terms, and such further limitations as may be set forth in any written or on-screen notice from Av0s. In addition, you agree that all information that you provide to Av0s in connection with any purchase, transaction or other interaction with Av0s on the Website will be accurate, complete, and current. You agree to pay all charges and any applicable taxes incurred by yourself and/or any other users of your credit card, debit card, or other payment method used in connection with any purchase or transaction with Av0s at the prices in effect when such charges are incurred.
By using the Website, you agree not to violate, attempt to violate or assist others in violating or attempting to violate the security of the Website, including, without limitation, doing or attempting any of the following: (1) probing, scanning, or testing the vulnerability of the Website, their servers, systems or networks, (2) breaching authentication/security measures, (3) logging into a server or account or accessing data that you are not authorized to access,
(4) interfering in any way with the Website services to any user, host, or network, by any means including, viruses, spam, overloading, etc., and/or (5) sending unsolicited email, and/or forging headers in any email or posting. You agree that Av0s may, in its sole discretion and without prior notice, terminate your access to the Website and/or block your future access to the Website, for any reason, including but not limited to: (1) if we determine that you have violated these Terms or other agreements or guidelines associated with your use of the Website, (2) requests by law enforcement or other government agencies, (3) a request by you, (4) discontinuance or material modification of the Website or any service offered on or through the Website, or (5) technical issues or problems. You agree that Av0s will not be liable to you or to any third party for termination of your access to the Website. You also agree that any violation by you of these Terms will constitute at minimum an unlawful and unfair business practice, and will cause irreparable harm to Av0s, for which monetary damages may be inadequate, and you consent to Av0s obtaining any injunctive or equitable relief that Av0s deems necessary or appropriate in such circumstances. If Av0s initiates any legal action against you as a result of your violation of these Terms, you agree that Av0s will be entitled to recover from you, and you agree to pay, all of Av0s’s reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Av0s. These remedies are in addition to any other remedies Av0s may have at law or in equity.
5. Electronic Communications. When you visit Av0s Website or send e-mails to us, you are communicating with us electronically and you consent to receive communications from us electronically. We will communicate with you by e-mail and/or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
6. Privacy. Av0s uses its own and third-party cookies to improve your experience and our services, by analyzing how people use our website. By continuing to use the Website, you accept the use of cookies. Please review Av0s’s Privacy Policy which applies to your use of the Website, and which is incorporated into and made a part of these Terms by this reference. Additionally, by using the Website, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Website may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.
7. Copyright. All Content included on the Website, such as text, images, graphics, logos, icons, audio and video clips, digital downloads, data compilations, and software, and the compilation of all Content on this Website is the exclusive property of Av0s, its licensors, or its suppliers and protected by the Copyright Act and international copyright laws. Nothing stated or implied on the Website gives you any license or legal right under any copyright of Av0s or any third party. Federal and state laws prohibit you from duplicating, copying, reproducing, broadcasting, modifying, editing, distributing, displaying, publishing, performing, circulating, or transmitting any Content or part of the Websites for any purpose.
8. Trademarks. All trademarks, logos and service marks (the "Marks") displayed on the Website are owned by Av0s. You are prohibited from using any of the Marks without the express, prior, written permission of Av0s. If you would like information about obtaining Av0s's permission to use the Content on your website, e-mail info@av0s.com. Av0s's trademarks and trade dress may not be used in connection with any product or service that is not Av0s's in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Av0s. The use or misuse of these trademarks or any materials, except as permitted herein, is expressly prohibited, and nothing stated or implied on the Website confers on you any license or right under any patent, copyright, or trademark of Av0s.
9. Materials You Post on the Website. You may post reviews, comments, photos, and other materials, send emails and other electronic communications, and submit suggestions, comments, questions, or other information, so long as the materials are not illegal, obscene, threatening, defamatory, and/or objectionable in Av0s’s sole discretion, and so long as the materials don’t invade anyone’s privacy, otherwise injure anyone, or infringe on intellectual property rights. In addition, the materials you post may not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of spam. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any materials. If you do post or submit material, you grant Av0s a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such materials throughout the world in any media. You grant Av0s and its sub-licensees the right to use the name that you submit in connection with such materials, if they choose. You represent and warrant (1) that you own or otherwise control all of the rights to the materials that you post; (2) that the materials are accurate; (3) that use of the materials you supply does not violate this policy and will not cause injury to any person or entity; and (4) that you will indemnify Av0s for all claims and/or damages it suffers resulting from materials you supply. Av0s reserves the right, but not the obligation, to monitor and edit or remove any activity or materials in its sole discretion. Av0s explicitly disclaims, takes no responsibility for, and assumes no liability for any materials posted by you or any third party.
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10. Copyright Complaints. Av0s respects the intellectual property of others. It is Av0s's policy, as appropriate and in its sole discretion, to terminate the accounts of users who infringe upon the copyrights of third parties. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at: info@av0s.com.
(1) A detailed description of the copyrighted work that you claim has been infringed.
(2) A description of where the material that you claim is infringing is located on the Website reasonably sufficient to allow Av0s to locate the material.
(3) Your address, telephone number, and e-mail address.
(4) A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
(5) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf
(6) Your physical or electronic signature, if you are the copyright owner or authorized to act on the copyright owner’s behalf, or the physical or electronic signature of the owner or person authorized to act on behalf of the owner of the copyright that has been allegedly infringed upon.
11. Risk of Loss. All items that you order and purchase from Av0s through the Website are transported and delivered by an independent carrier, unaffiliated with Av0s. Title to the items you have purchased, as well as risk of the items’ loss, passes to you once Av0s delivers the items to the carrier. In the event of a lost package, please contact Av0s’s Customer service department at info@av0s.com to assist with a shipping claim.
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12. Product Descriptions & Availability. While Av0s tries to accurately describe its products and their availability, Av0s does not represent or warrant that its product descriptions, availability, and/or any other Content are free of error, complete, up to date, or reliable. Please note that colors of Av0s products may appear differently on your computer monitor than they are in reality.
13. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY:
Av0s makes no representations or warranties about the accuracy, reliability, completeness, or timeliness of the Content or about the results to be obtained from using the Website and the Content. ANY AND ALL USE OF THE WEBSITE AND THE CONTENT IS AT YOUR OWN RISK. Changes are periodically made to the Website and may be made at any time by Av0s in its sole discretion. Some Content on the Website may be provided by third parties and Av0s explicitly disclaims all responsibility for any such Content provided by third parties.
13.1. WEBSITE. Your use of the Av0s Website is at your own risk. If you are dissatisfied with any of the Content or other contents of the Av0s Website or with these Terms, your sole remedy is to discontinue use of the Av0s Website. THE WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS, SOFTWARE, AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE ARE PROVIDED BY Av0s ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. Av0s MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, SOFTWARE, OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE, UNLESS OTHERWISE SPECIFIED IN WRITING SIGNED BY AN AUTHORIZED Av0s REPRESENTATIVE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, Av0s DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ALTHOUGH Av0s TAKES COMMERCIALLY REASONABLE MEASURES TO PROTECT ITS CUSTOMERS PERSONAL INFORMATION, Av0s DOES NOT WARRANT THAT (1) THE WEBSITE, (2) INFORMATION, CONTENT, MATERIALS, SOFTWARE, OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE, (3) THE WEBSITE SERVER, OR (4) E-MAIL ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. EXCLUDING Av0s’S INTENTIONAL MISCONDUCT, Av0s EXPLICITLY DISCLAIMS AND WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND, ARISING FROM OR RELATED TO YOUR USE OF THE WEBSITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, SOFTWARE, OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE, UNLESS OTHERWISE SPECIFIED IN WRITING SIGNED BY AN AUTHORIZED Av0s REPRESENTATIVE.
13.2. PRODUCTS. Av0s products are warranted to the original retail purchaser to be free from defects in materials and workmanship, as described in the materials included with the products. All warranty items are required to be evaluated at Av0s. Decisions will be made at the sole discretion of the Av0s Warranty Department. If an item is covered under our warranty policy (see below), upon warranty inspection, Av0s will first seek to repair your Av0s product. If repair is not feasible or reliable then Av0s will seek to replace the product with the same or like product given availability. If you purchase an Av0s product from Av0s Website that you believe is defective, return the product to us pursuant to the Av0s Return Policy and include your receipt and proof of purchase showing the purchase date. Av0s will repair or replace the product at our sole discretion. If Av0s determines that there is no warranty issue with the returned product, the product will be returned to you with a note of explanation. Av0s’S LIABILITY UNDER THIS LIMITED WARRANTY IS EXPLICITLY LIMITED SOLELY TO SUCH REPAIR OR REPLACEMENT. UPON EXPIRATION OF THE WARRANTY PERIOD, Av0s SHALL HAVE NO LIABILITY UNDER THIS LIMITED WARRANTY OR OTHERWISE. THE FOLLOWING ARE EXPLICITLY EXCLUDED AND NOT COVERED BY THIS LIMITED WARRANTY: (1) DAMAGES DUE TO NORMAL USE AND WEAR; (2) DAMAGES DUE TO ABUSE OR ACCIDENTS; (3) Av0s PRODUCTS THAT HAVE BEEN RESOLED OR IN ANY WAY MODIFIED; AND (4) THE FIT OF ANY Av0s PRODUCT. THIS LIMITED WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, AND EXCEPT AS OTHERWISE SPECIFIED ABOVE, Av0s MAKES NO WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTY AS TO THE DESIGN, CONDITION OR QUALITY OF MATERIALS AND WORKMANSHIP TO THE PURCHASER OF THE GOODS AND/OR ANY OTHER PERSON WHATSOEVER. NOTHING CONTAINED IN THE FOREGOING SENTENCE IS INTENDED TO RELEASE THE SELLER FROM LIABILITY FOR ORDINARY DAMAGES FOR PROVEN PRODUCT LIABILITY CLAIMS.
14. Reserved Rights. Av0s reserves the right to do any of the following, for any reason, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Website, or any portion of the Website; (2) to modify or change the Website, or any portion of the Website, and any applicable policies or terms; (3) to interrupt the operation of the Website, or any portion of the Website, as necessary to perform routine or non-routine maintenance, error correction, or other changes; and (4) discontinue or restrict your use of the Website.
15. WARNING: CLIMBING, MOUNTAINEERING, TRAIL RUNNING, SKIING, HIKING, WALKING, AND RELATED ACTIVITIES, ARE POTENTIALLY LIFE THREATENING, HAZARDOUS, AND DANGEROUS. By purchasing or using any Av0s equipment in any manner, you agree that you are: (1) personally and solely responsible for: (a) learning and knowing the limits and capabilities of the equipment and yourself, (b) the proper use of and techniques for such equipment, (c) making responsible, sound decisions in changing situations, and (2) assuming all risks and accepting full and complete responsibility for any and all damages and injury of any kind to yourself or others, including death, paralysis, and serious injury, which may result from or is related to your use of any equipment manufactured by or purchased through Av0s. In addition, YOU AGREE TO ASSUME ALL RISKS AND ACCEPT FULL AND COMPLETE RESPONSIBILITY FOR ANY AND ALL DAMAGES AND INJURY OF ANY KIND, INCLUDING DEATH, PARALYSIS, AND SERIOUS INJURY, WHICH MAY RESULT FROM OR IS RELATED TO YOUR USE OF OR RELIANCE UPON ANY MATERIALS OR INFORMATION PRODUCED BY Av0s, ITS PARTNERS, AND/OR THAT IS CONTAINED IN ANY Av0s WEBSITE, CATALOGS, PUBLICATIONS, OR OTHER Av0s MATERIALS. Resources like the Av0s Website and publications can provide useful information and tips, but they are no substitute for good decision-making, safe and appropriate use of equipment, or professional instruction for the numerous hazardous situations in which you may choose to use Av0s products.
16. Disclosure of Your Information. You agree and Av0s reserves the right, at all times and without further notice, to disclose any information that Av0s deems necessary to comply with any applicable law, regulation, administrative or legal process or governmental request. Av0s also may disclose your information when Av0s determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes. You agree that Av0s may disclose any information we have about you (including your identity) if Av0s determines that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Website, or to identify, contact or bring legal action against someone who may be causing injury to or interference with, either intentionally or unintentionally, the Website, Av0s’s rights or property, or the rights or property of the Website users, including Av0s’s customers. You acknowledge and agree that Av0s may preserve any transmittal or communication by you, including emails, through the Website or any service offered on or through the Website, and may also disclose such data if required to do so by law or Av0s determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms, (3) respond to claims that any such data violates the rights of others, and/or (4) protect the rights, property or personal safety of Av0s, its employees, users of or visitors to the Website, and the public.
17. Indemnity. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD Av0s, ITS SUCCESSORS, AND ASSIGNS, AND ITS AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CO-BRANDERS OR OTHER PARTNERS, HARMLESS FROM ANY DEMANDS, DAMAGES, LOSS, LIABILITY, CLAIMS OR EXPENSES (INCLUDING ATTORNEYS’ FEES AND JUDGMENTS OF ANY KIND OR NATURE), MADE AGAINST OR INCURRED BY Av0s BY YOU, ANY PERSON OR ENTITY ACTING ON YOUR BEHALF, AND/OR ANY THIRD PARTY RELATED TO, ARISING OUT OF OR IN CONNECTION WITH YOUR IMPROPER USE OF THE WEBSITE, YOUR BREACH OF ANY OF THESE TERMS, AND/OR ANY OTHER VIOLATION BY YOU THAT CREATES LIABILITY FOR Av0s.
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If any provision in these Terms is held invalid or unenforceable under applicable law, the invalid or unenforceable provision will be modified to the minimum extent necessary and deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remaining provisions of these Terms will continue in full force and effect.
These Terms contain the entire and final agreement regarding Av0s Website and their Content and supersede any prior or contemporaneous communications between you and Av0s regarding the Website.
Any offer for any feature, product or service made on the Website is void where prohibited. If you choose to access the Website from outside the Macao SAR, you are solely responsible for complying with applicable Macao SAR and local laws. Although the Website may be accessible worldwide, not all products or features provided or offered through the Website are available in all geographic locations, or available (legally or otherwise) for use outside of Macao SAR, Av0s reserves the right to limit, in its sole discretion, the provision and quantity of any product or feature shown on the Website to any person or geographic area.
All rights not explicitly granted in these Terms are hereby reserved by Av0s.
By continuing to use the Av0s Website, you hereby agree and intend to be bound by these Terms.