TERMS - Avitas Grooming Club

TERMS

TERMS OF USE DISCLAIMER

BY USING THIS WEB SITE YOU ACKNOWLEDGE AND FULLY AGREE TO THE FOLLOWING TERMS AND CONDITIONS.

Limitation on Liability

By entering this site, www.avitasgroomingclub.com, you acknowledge and agree that your use is at your own risk and that none of the parties involved in creating, producing, or delivering this site or the products or services offered herein, is liable for any direct, incidental, consequential, indirect, or punitive damages, or any other losses, costs, or expenses of any kind (including legal fees, expert fees, or other disbursements) which may arise, directly or indirectly, through the use, or inability to use the products or materials, or access to or the browsing of this site or through your downloading of any materials, data, text, images, video or audio from this site, including but not limited to anything caused by any viruses, bugs, human action or inaction or any computer system, phone line, hardware, software or program malfunctions, or any other errors, failures or delays in computer transmissions or network connections.

Privacy

Please review the terms and conditions of our Privacy Policy, which also govern your use of the Platforms, in order to understand our security and privacy practices. Our Privacy Policy is incorporated herein and made a part of this Agreement.

Trademarks

All rights in the product names, company names, trade names, graphics, logos, page headers, button icons, scripts, product packaging, trade dress and designs of all Avitas Grooming Club, its parent company, or third-party products or Platforms, whether or not appearing in large print or with the trademark symbol, belong exclusively Avitas Grooming Club or their respective owners and are protected from reproduction, imitation, dilution or confusing or misleading uses under national and international trademark and copyright laws. The use or misuse of the trademark or any related materials, except as permitted herein, is expressly prohibited, and nothing stated or implied on the Platforms confers on you any license or right under any patent or trademark owned by Avitas Grooming Club, parent company, or any third party.

Copyright

Avitas Grooming Club is the copyright owner of this site and no portion of this site, including but not limited to the text, images, audio or video, may be used in any manner, or for any purpose, without Avitas Grooming Club’s express written permission, except as provided for herein. Without in any way waiving any of the foregoing rights, you may download one copy of the material on this site for your personal, non-commercial home use only, provided you do not delete or change any copyright, trademark or other proprietary notices. Modification or use of the material on this site for any other purposes violates Avitas Grooming Club’s legal rights.

Use License

Subject to these Terms of Service, we grant each user of the Services a worldwide, non-exclusive, non-sublicensable and non-transferable license to use (i.e., to download and display locally) Content solely for purposes of using the Services. Use, reproduction, modification, distribution or storage of any Content for other than purposes of using the Services is expressly prohibited without prior written permission from us. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third party right.

Order Confirmation

The receipt of an order confirmation, via e-mail or other method, does not constitute the acceptance of an order or a confirmation of an offer to sell. Avitas Grooming Club reserves the right to limit the order quantity on any item and/or refuse service to any customer. Verification of information may be required prior to the acceptance of any order. 

Correspondence Policies

By entering this site you acknowledge and agree that any communication or material you transmit to this site or Avitas Grooming Club. in any manner and for any reason will not be treated as confidential or proprietary. Furthermore, you acknowledge and agree that any ideas, concepts, techniques, procedures, methods, systems, designs, plans, charts, or other materials you transmit to Avitas Grooming Club may be used without your authorization, by Avitas Grooming Club anywhere, anytime, and for any reason whatsoever. 

In addition, please note the following company policies, which are designed to avoid misdirected inquiries, and to protect the interests of those who might contact us as well as the interests of Avitas Grooming Club

Our e-Mail Policy 

There are pages on our site from which you can send an e-mail to us. We will collect and store e-mail addresses for further use in corresponding with you, if we so choose. If you prefer that we do not correspond to your e-mail address in the future, simply make that request in your e-mail. We do not sell or rent or transmit personal information or e-mail addresses to other organizations or entities. The e-mail data collected will be used only to communicate to you regarding information on our product line, etc. If you, at any point, decide that you do not wish to receive correspondence from this site, please send us an e-mail with this request and we will respect your wishes.

Our Links Policy

Although this site may be linked to other sites, Avitas Grooming Club is not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with the linked site, unless specifically stated therein. By entering this site, you acknowledge and agree that Avitas Grooming Club has not reviewed all the sites linked to this site, and is not responsible for the content of any off-site pages or any other site linked to this site. Your linking to any other off-site pages or other sites is at your own risk.

Our Cookies Police

Cookies are bits of electronic data that a web site stores on your machine so that it can recognize the same user each time the user returns to the site. Avitas Grooming Club uses cookies to enable better site-utilization management. If you are concerned about cookies please turn on your browser's security feature to "Prompt Before Accepting Cookies" to inspect the information that is being stored.

By using our web site, you consent to the collection and use of this information by Avitas Grooming Club. If we decide to change our privacy policy, we will post the changes on this page so that you are always aware of what information we collect, how we use it, and under what circumstances we disclose it.

Changes to the Site

Avitas Grooming Club may add to, change, or remove any part of the Site, at any time without prior notice to you.  

Your Responsibilities

You agree to comply with all applicable laws in connection with your use of the Platforms, as well as any further limitations as may be set forth in any written or on-screen notices appearing on the Platforms. As a condition of your use of the Platforms, you warrant that you will not use them for any purpose that is unlawful or prohibited by this Agreement. You also warrant that all information you provide in connection with a purchase, transaction or any other interaction with the Platforms or any co-branded site will be accurate, complete and current.

You agree to pay all charges incurred by users of your credit card, debit card or other payment method in connection with a purchase, transaction or any other monetary interaction with Avitas Grooming Club or any co-branded site at the prices in effect when such charges are incurred. You also agree to pay any applicable taxes relating to any such purchases, transactions or any other monetary interactions.

By using the Platforms, you also agree not to violate, or attempt to violate, the security of the Platforms, including, without limitation, actions such as:

Accessing data not intended for you or logging into a server or account that you are not authorized to access;

  • Attempting to probe, scan or test the vulnerability of a system or network or to breach any security or authentication measures without proper authorization;
  • Attempting to interfere with the service of any user, host or network, including, without limitation, by way of submitting a virus to or overloading, “flooding,” “spamming,” “mail bombing” or “crashing” the Platforms;
  • Sending unsolicited email of any type, including promotions and/or advertising of products, services or Web sites; and
  • forging any TCP/IP packet header, or any part of the header information, in any email or posting.

Automatic Monthly Membership Fees

Avitas Grooming Club will automatically renew your Membership monthly fees (based on your subscription cycle), as authorized by you. By checking the box demonstrating your consent for automatic renewal of your Membership during the purchase/sign-up process, we will charge your credit card with the applicable Membership fee and any shipping and handling costs and sales or similar taxes that may be imposed on your Membership fee payments. Each Membership renewal period is for one month.

Returns/Refunds

If you are dissatisfied with our Product for any reason, you can contact Avitas Grooming Club (info@avitasgroomingclub w/ Return/Refund in the subject line) to request a refund for the amount paid for your most recent monthly service (less any shipping and handling costs/fees related to the original purchase, which is non-refundable). Your refund request must be made within thirty (30) days of the date of shipment by Avitas Grooming Club.

Avitas Grooming Club is not liable for Products that are damaged or lost in transit to Avitas Grooming Club. Promptly following Avitas Grooming Club’s receipt of your request (typically within ten (10) business days), Avitas Grooming Club will credit the amount paid for the returned Product (less any shipping and handling costs/fees related to the original purchase, which is non-refundable) to the credit card you used to make the original purchase. Notwithstanding the foregoing, Avitas Grooming Club does not control when a specific credit card company or banking institution processes a chargeback transaction. You are responsible for contacting your Credit Card Company and/ or bank if you have questions about the status of the chargeback.

We do not refund shipping charges, and you are responsible for paying the cost of shipping the product(s) back to us (including the cost of insurance, if you choose to insure the package) for the exchange.

Returning products purchased from our online store (AvitasGroomingClub.com)

Ship your package to: Avitas Grooming Club 

c/o Refunds Dept.

P.O. Box 48524

Tampa, Fl. 33646

Email Request: info@avitasgroomingclub.com

 

Risk of Loss

All products purchased on the Platforms are transported and delivered to you by an independent carrier not affiliated with, or controlled by Avitas Grooming Club. Avitas Grooming Club is not liable for Products that are damaged or lost in transit to Avitas Grooming Club. Title to products purchased on the Platforms, as well as the risk of loss for such products, passes to you when we deliver the products to the carrier.

Automatic Membership Renewals and Membership Cancellation Policy

Avitas Grooming Club accepts credit card payments only. As a Member, Subscriber, and /or Customer you agree to pay all fees charged to your account based on Avitas Grooming Club’s fees, charges, and billing terms in effect as shown on the payment page when you first sign-up for a Membership to the Site. You are also responsible for paying any sales and use taxes and shipping and handling fees that may apply to your purchase of Products or Memberships based on the address that you provide as the shipping address when you register for a Membership, and you authorize Avitas Grooming Club or the third party payment processing service provider that we engage to charge your credit card for any such taxes and fees. All payments shall be made by credit card in advance prior to shipping the Products. If you do not pay on time or if your credit card cannot be charged for any reason, Avitas Grooming Club reserves the right to either suspend or terminate your account and Membership and terminate these Terms of Service. All sales and payments will be in U.S. Dollars.

Returning Products Purchased from a Retail Store or Another Online Store 

If for some reason you are not satisfied with anything you purchased from a retail store or other online stores, and you would like to return or exchange the product(s), please contact the retailer directly, as each retailer or online store has their own return or exchange policy requirements. All products must be returned to the original retailer where they were purchased.

Additional Prohibited Uses

​In addition to all the above prohibitions, you agree that you will NOT knowingly use the Service, among other things, to:(a) harm minors in any way;(b) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or an entity;(c) upload, post, email, transmit, or otherwise make available any content that You do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary, and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);(d) upload, post, email, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;(e) "Spamming" to promote your website or Content, or engaging in unethical marketing, advertising, any other practice connected in any way to "spam" including, sending content or emails which do not comply with the CAN-SPAM Act of 2003;(f) upload, post, email, transmit, or otherwise make available any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; or(g) intentionally or unintentionally violate, attempt to violate, or avoid any applicable ICANN regulation or policy; You agree to indemnify and hold Avitas Grooming Club or its Parent company Avitas Naturals, Inc. harmless from any claims resulting from the use of the Services which damages you or any other party. Avitas Grooming Club reserves the right to investigate you, your business, and/or your owners, officers, directors, managers, and other principals, your sites, and the materials comprising the sites at any time. These investigations will be conducted solely for Avitas Grooming Club benefit, and not for your benefit or that of any third party. If the investigation reveals any information, act, or omission, which in Avitas Grooming Club’s sole opinion constitutes a violation of any local, state, federal, or foreign law or regulation, or these Terms of Use, Avitas Grooming Club may immediately shut down the site, and notify you of the action. You agree to waive any cause of action or claim you may have against Avitas Grooming Club, its Parent Company, directors, officers, employees, and partners, for such action.

​Security​

You are responsible for maintaining the security of your account and content, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the website. You agree to immediately notify Avitas Grooming Club in writing of any unauthorized uses of your account or any other breaches of security. Avitas Grooming Club cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. You acknowledge and agree that under no circumstances will Avitas Grooming Club be liable, in any way, for any acts or omissions by any Avitas Grooming Club User, its parent company, or other third party, including any damages of any kind incurred as a result of such acts or omissions.

​Warranty Disclaimer & Limitation of Liability​

  1. YOU AGREE THAT YOUR USE OF THE AVITAS GROOMING CLUB WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, AVITAS GROOMING CLUB, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENT COMPANY (AVITAS NATURAL, INC.) AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. AVITAS GROOMING CLUB MAKES NO WARRANTIES OR REPRESENTATIONS REGARDING THE ACCURACY OR COMPLETENESS OF THE CONTENT ON THE AVITAS GROOMING CLUB WEBSITE OR THE CONTENT OF ANY SITES LINKED TO THE AVITAS GROOMING CLUB WEBSITE.B. IN NO EVENT SHALL AVITAS GROOMING CLUB, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR OTHER INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE AVITAS GROOMING CLUB WEBSITE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.C. YOU SPECIFICALLY ACKNOWLEDGE THAT AVITAS GROOMING CLUB SHALL NOT BE LIABLE FOR USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.D. AVITAS GROOMING CLUB DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE AVITAS GROOMING CLUB WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND AVITAS GROOMING CLUB WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. AVITAS GROOMING CLUB DOESN’T RECOMMEND THE USE OF THE SITE FOR HOSTING OF PERSONAL CONTENT AND SHALL NOT BEAR ANY SECURITY RISKS REGARDING BREACH OR DAMAGE TO ANY USER CONTENT.F. AVITAS GROOMING CLUB MAKES NO REPRESENTATIONS THAT THE AVITAS GROOMING CLUB WEBSITE IS APPROPRIATE OR AVAILABLE FOR USE IN ALL LOCATIONS. THOSE WHO ACCESS OR USE THE AVITAS GROOMING CLUB WEBSITE FROM JURISDICTIONS PROHIBITING SUCH USE, DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW. 

​​​​Indemnity

You agree to defend, indemnify and hold harmless Avitas Grooming Club, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Avitas Grooming Club. Website; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your User Content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of the Avitas Grooming Club Website.