Date last revised: December 1, 2011
The Site is offered to you conditioned on your acceptance, without modification, of the terms, conditions, and notices contained in this Policy. Your use of the Site constitutes your agreement to all such terms, conditions, and notices. If you do not accept this Policy, you may not use the Site.
Please note that special terms or authorizations apply to some services or products offered on or through the Site, including, without limitation, purchases of our products through the Site (the “Services”). These terms may be posted on the Site in connection with the applicable products and services, and you are required to agree to such terms prior to Ava Maistrellis’ provision of any products or service to you. Any such terms are in addition to this Policy, and in the event of a conflict, prevail over this Policy.
As used in this Policy, “we,” “our” or “us” refers to Ava Maistrellis. “You,” “yours” or other similar designation refers to the person accessing or using the Site
This Policy is current as of the date set forth above. We reserve the right to change this Policy from time to time, and without prior notice to you, consistent with applicable laws and principles. If we make a significant or material change to this Policy, we will conspicuously post a notice on the Site for a period of time or, at our discretion, notify users at login. Any information we collect will be treated in accordance with the Policy in effect at the time the information was collected. CONTINUED USE OF THIS SITE AFTER THE EFFECTIVE DATE OF THIS POLICY WILL INDICATE YOUR AGREEMENT TO ANY MODIFIED TERMS.
TERMS OF SERVICE
All of the content on the Site is subject to copyright, trademark, service mark, trade dress and other intellectual property rights or licenses held by Ava Maistrellis or its licensors. Ava Maistrellis grants you a limited license to access and use the Site for the limited purpose of gathering information about Ava Maistrellis and the products we offer through the Site. You may not use the trademarks, service marks, trade dress and copyrighted material displayed on the Site. Other than as set forth above, Ava Maistrellis and its licensors retain all right, title and interest in and to the Site, including all copyrights, patents, trade secrets and trademarks, and reserves all rights not expressly granted herein.
You may not download (other than page caching) the Site, or any portion of it, except with the express written consent of Ava Maistrellis. You also may not copy, reproduce, modify, publish, distribute, transmit, transfer or create derivative works from any portion of the Site or any materials contained on the Site (including, without limitation, computer programs or other code). You must abide by all trademark and copyright notices, information, or restrictions contained in or attached to any content or portion of the Site.
Your license to access and use the Site and the Services does not include any resale or commercial use of the Site, the Services or the contents of the Site; any collection and use of any product listings, descriptions, or prices; any downloading or copying of account information for the benefit of another person or company; or any use of data mining, robots, or similar data gathering and extraction tools. The Site or any portion of the Site may not be visited or otherwise exploited for any commercial purpose other than your personal purposes without our express written consent. You may not frame or utilize framing techniques to enclose any trademark, logo, copyright or other proprietary information (including images, text, page layout, or form) of the Site without our express written consent. You may not use any meta tags or any other "hidden text" utilizing the name, domain name or trademarks of Ava Maistrellis without the express written consent of Ava Maistrellis. Any unauthorized use terminates the permission or license granted by Ava Maistrellis.
We may change, suspend or discontinue any aspect of the Site at any time, including the availability of any Site feature, database or content. We may also impose limits on certain features and services or restrict your access to parts or all of the Site without notice or liability.
LINKS TO THIRD PARTY SITES
The Site may contain links to other Web Sites ("Linked Sites"). The Linked Sites are not under the control of Ava Maistrellis, and Ava Maistrellis is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. We do not guarantee or attest to the accuracy and completeness of the information obtained through these Linked Sites. Accordingly, Ava Maistrellis will not be held liable for decisions made based upon information on these Linked Sites. We are not responsible for web casting or any other form of transmission received from any Linked Site. We are providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Ava Maistrellis of the site or any association with its operators, as we have no control over the quality, accuracy or comprehensiveness of the information obtained.
USE OF SITE
As a condition of your use of the Site, you warrant to Ava Maistrellis that you will not use the Site for any purpose that is unlawful or prohibited by this Policy. You may not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site. You further represent, warrant and covenant that you will not upload, post or transmit to or distribute or otherwise publish through the Site any materials that (i) restrict or inhibit any other user from using and enjoying the Site, (ii) are unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate law, (iv) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right, (v) contain a virus or other harmful component, (vi) contain any information, software or other material of a commercial nature, (vii) contain advertising of any kind, or (viii) constitute or contain false or misleading indications of origin or statements of fact.
COMMUNICATIONS By posting, uploading, inputting, providing or submitting any materials or engaging in any other form of communication (individually or collectively " Communications ") to or through the Site or its associated services, you grant Ava Maistrellis and its affiliated companies and necessary sub licensees a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit such Communications, in all media now known or hereafter developed, unless otherwise prohibited by the term of this Policy. You hereby waive all rights to any claim against Ava Maistrellis for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such Communications.
By posting, uploading, inputting, providing or submitting your Communication, you warrant and represent that you own or otherwise control all of the rights to your Communication as described herein, including, without limitation, all the rights necessary for you to provide, post, upload, input or submit such Communication. You acknowledge that, by submitting Communications through the Site, no confidential, fiduciary, contractually implied or other relationship is created between you and Ava Maistrellis other than pursuant to this Policy.
Some services provided through the Site, including, without limitation, the Services, permit or require you to create an account or register with the Site or to submit certain personal information to participate in the Site or the Services or to secure additional benefits. You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by the Site. By providing us with such information, you authorize Ava Maistrellis, either itself or through third parties, to make any inquiries we consider necessary to confirm such information. You shall not 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 are responsible for maintaining the confidentiality of your personal information and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password and that Ava Maistrellis will not be liable for any actions by any other individual that uses your account and/or password, if any, or identity or personal information with or without your consent or knowledge. You also agree to promptly notify us of any unauthorized use of your username, password, other account information, if any, identity, or personal information, or any other breach of security that you become aware of involving or relating to the Site. In addition, you agree to exit from your account, if any, or the Services at the end of each session.
LIABILITY DISCLAIMER AND LIMITATION
TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED "AS IS," AND AVA MAISTRELLIS EXPRESSLY DISCLAIMS ALL REPESENTATIONS OR WARRANTIES OF ANY KIND RELATING IN ANY WAY TO THE AVA MAISTRELLIS SITE OR ANY LINKED SITE, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE AVA MAISTRELLIS SITE, SITE-RELATED SERVICES AND ANY LINKED SITE. AVA MAISTRELLIS DOES NOT WARRANT THAT ANY MATERIAL OR FUNCTIONS IN THE AVA MAISTRELLIS SITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE AVA MAISTRELLIS SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. AVA MAISTRELLIS AND ITS AFFILIATES SHALL NOT BE LIABLE FOR THE USE OF THE AVA MAISTRELLIS SITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN.
IN ADDITION, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, AVA MAISTRELLIS AND ITS SPONSORS AND AFFILIATES ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE AVA MAISTRELLIS SITE, SITE-RELATED SERVICES AND/OR CONTENT OR INFORMATION CONTAINED WITHIN THE AVA MAISTRELLIS SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE AVA MAISTRELLIS SITE AND/OR SITE-RELATED SERVICES IS TO STOP USING THE AVA MAISTRELLIS SITE AND/OR THOSE SERVICES.
We reserve the right, in our sole discretion, to suspend the Site or your use of the Site or terminate this Policy or your access to the Site and the related services or any portion thereof at any time, without notice, for any reason, including, in the case of the Policy, for your violation of any of its provisions. The Liability Disclaimer and Limitation, Submissions, Indemnification and General sections of this Policy shall survive any such termination.
You hereby agree to indemnify, defend and hold Ava Maistrellis and all its directors, officers, agents, employees, information providers, partners, affiliates, licensors and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liability and costs incurred by the Indemnified Parties (including, without limitation, reasonable attorneys' fees and costs) in connection with any claim arising out of or related to (i) your Submissions as provided to Ava Maistrellis or (ii) any breach by you of the Policy or the representations, warranties and covenants contained herein. You shall cooperate as fully as reasonably required in the defense of any claim. Ava Maistrellis reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any matter without the written consent of Ava Maistrellis.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THIS AGREEMENT IS GOVERNED BY THE LAWS OF THE STATE OF GEORGIA APPLICABLE TO CONTRACTS MADE AND PERFORMED THERE WITHOUT REGARD TO ITS CONFLICTS OF LAW PRINCIPLES. YOU HEREBY CONSENT TO THE EXCLUSIVE JURISDICTION AND VENUE OF THE STATE AND FEDERAL COURTS HAVING JURISDICTION OVERIN GWINNETT COUNTY, GEORGIA, IN ALL DISPUTES ARISING OUT OF OR RELATING TO THE USE OF SITE OR THIS POLICY AND WAIVE ANY JURISDICTIONAL, VENUE, OR INCONVENIENT FORUM OBJECTIONS TO SUCH COURTS. If any part of this agreement, including, but not limited to, the warranty disclaimers and liability limitations set forth above, is determined to be invalid or unenforceable by a court of competent jurisdiction, then the invalid or unenforceable provision will be deemed eliminated to the minimum extent necessary and the remainder of the agreement shall continue in effect. Unless otherwise expressly stated herein, this Policy (i) constitutes the entire agreement between the parties with respect to your use of the Site and the Services and (ii) supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the parties. Any cause of action you may have with respect to your use of the Site must be commenced within one (1) year after the claim or cause of action arises. In any action to enforce this Policy, the prevailing party will be entitled to costs and attorneys' fees.
This Policy provides the following information:
1. Visiting the Site.
2. Collection and Use of Anonymous Information.
3. Collection and Use of Personal Information.
4. Protection or your Personal Information.
5. Financial Information for Credit Card Transactions.
6. Posted Content.
7. Links to Other Sites.
8. How to View and Modify the Personal Information on our Systems.
9. Children's Privacy.
10. How to Contact Us.
VISITING THE SITE
You can view many portions of the Site anonymously and without creating an account. In this case, we may collect anonymous information (i.e., information that cannot, separately or combined, be used to personally identify you) about your visit as set forth below. If you choose to create an account to access the account-based portions of the Site or otherwise access the Services, you must provide certain personally identifiable information, which we may collect. Additional details on the specific information we collect and how we use the information is provided below.
COLLECTION AND USE OF ANONYMOUS INFORMATION
When you visit the Site anonymously (i.e., without logging in), we may automatically collect anonymous information about your visit that will not be used to personally identify you. This information may include, but is not limited to, your IP address, operating system, client type, whether you came to our Site from one of our advertisers, whether you have previously visited our Site, how long you stayed on our Site, what you viewed on our Site and browser type and version. This information is used for administrative purposes, such as to generate usage statistics, to help diagnose problems with our server, to administer the Site, and to ensure that the Site and Services are accessible to the widest possible audience Information collected while using the Site anonymously is never tied to a user account or otherwise associated with the identity of a user.
We may also track and analyze non-identifying and aggregate usage and volume statistical information ("Aggregate Information") from all Site users. This Aggregate Information is used to help us diagnose technical problems, administer the Site and Services, and improve our offerings and marketing. This Aggregate Information is never linked or otherwise associated with any personally identifiable information that we may collect.
COLLECTION AND USE OF PERSONAL INFORMATION
Collection at Sign Up
An account may be required to access certain areas of the Site and our Services. To create an account, you will be asked to provide personally identifiable information about yourself. This information is associated with your account. You will also be asked to select a username and password to help restrict access to your account.
We use your personal information to create your account, administer the Site, identify account holders, provide you access to your account, provide you the Services, send you important communications, collect payments for product purchases, and as otherwise described below.
Collection at Payment:
Depending on your account type and payment method, we may collect your credit card information, including the Card Verification Value (CVV), and/or your PayPal account information or other specific information about you or your payment account that is necessary to process your payments. You may add, update, or delete your payment information in your account settings.]
Other Uses of Your Personal Information:
We may use your personal information to periodically send information that we think you might find of interest from our company or its affiliates such as coupons, bonuses, new products and services, special offers, or other important product changes.
You always have the option to opt out of our internal marketing communications by indicating your preference in your account settings. Please note that opting out of receiving these communications will not remove your personal information from our files and we will still contact you as necessary to provide the Services and complete your orders.
We do not sell, share, or rent your personal information to third parties for purposes other than as discussed below. We will only provide your personal information:
- to our third party vendors who provide services on our behalf. These services may include, but are not limited to, payment services and customer or technical support, and sales analytics. We will only permit these third parties to access, use and maintain the information that they need in order to provide these services on our behalf and subject to confidentiality obligations. They are prohibited from using the information for any other purpose.
- to a third party that may acquire our business.
- to comply with any legal obligation, subpoena or other court order, and as necessary to enforce any of our Terms of Service or to protect the rights, property or safety of our systems and network for the purposes of fraud protection and credit risk reduction.PROTECTION OF YOUR PERSONAL INFORMATION
PROTECTION OF YOUR PERSONAL INFORMATION
We take your privacy and the protection of your personal information very seriously. While no internet service provider can guarantee absolute security when communicating over the internet, we are committed to taking steps to help secure any personal information that may be in our possession. For example, we use electronic security measures, including encryption, passwords, and SSL network connections, all of which are reasonably designed to help protect your personal information from unauthorized access or disclosure, consistent with industry standards.
You are solely responsible for maintaining the secrecy of any password used to log in, if any, and you should always be mindful and responsible whenever disclosing information online that the information is potentially accessible to the public, and consequently, could be collected and used by others without your consent.
FINANCIAL INFORMATION FOR CREDIT CARD TRANSACTIONS
We charge for all our products in advance and accept payment via credit card. We use a third party to process each credit card transaction. All credit card transactions are processed over a network secured using an encryption protocol, such as SSL or 3DES. In addition, we use a secure SSL connection to receive your payment information online. We retain credit card information, with the exception of CVV codes, for the purpose of processing automatically reoccurring payments and to make future manual payments more convenient. We store credit card information on a secure server, which is not connected to a public network. We only display the last four digits of your credit card number when confirming an order. Depending on your user preferences, we may send you an email at the address specific in your account settings in certain circumstances, such as if your credit card has been declined.
LINKS TO OTHER SITES
Our Site may contain links to websites owned and/or maintained by third parties. We provide these links as a convenience to our users. These links are not intended as an endorsement of or referral to the linked websites.
HOW TO VIEW AND MODIFY THE PERSONAL INFORMATION ON OUR SYSTEMS
You can view and modify the personal information on our systems by visiting the account settings portion of the Site.
In addition, account information changes, technical support, service information, and changes in usage may be requested by sending an email to: email@example.com. We will endeavor to respond to all requests in a timely manner.
As addressed in the federal Children's Online Privacy Protection Act (COPPA) and associated rules, we do not knowingly collect or maintain any personal information from anyone under the age of 13. Further, purchases of products through the Site may only be made by persons at least 18 years of age. By using the Services, you are attesting that you are 18 years of age or older.
We encourage parents and guardians to take an active role in their children's online activities and interests. If you are a parent or guardian and you believe that your child has provided personally identifiable information on our Site, please contact us at firstname.lastname@example.org so that we can delete the child's information.
HOW TO CONTACT US
Questions about this Site or Services should be addressed to: CustomerService@avamaistrellis.com