100 AVA Terms & Conditions
THIS IS A LEGAL AGREEMENT. BY ACCESSING THIS WEB SITE OR USING ANY
SERVICE PROVIDED HEREIN, YOU ACCEPT AND AGREE TO BE BOUND BY ALL THE TERMS AND
CONDITIONS OF THIS AGREEMENT. PLEASE READ THIS ENTIRE AGREEMENT CAREFULLY
BEFORE ACCEPTING ITS TERMS.
The parties to this Agreement are you, a visitor to this web site
("You"), and this web site 100AVA.COM owned and operated by 100 AVA
Group, ("100 AVA"). All references to "us", "this web
site" or "this site" shall be construed to mean 100 AVA If the
user is not an individual, then "You" means Your Company, its
officers, members, agents, successors and assigns.
100AVA grants a nonexclusive, non-transferable, and revocable
license to you and provides the services available at this site to you subject
to the following terms and conditions. WE MAY AMEND THESE TERMS AND CONDITIONS
FROM TIME TO TIME WITHOUT NOTICE TO YOU. YOU CAN REVIEW THE MOST CURRENT
VERSION OF THE TERMS AND CONDITIONS AT ANY TIME AT THIS SITE. IN ADDITION, WHEN
USING PARTICULAR SERVICES IN THIS SITE, GUIDELINES OR RULES MAY BE POSTED WHICH
ARE APPLICABLE TO YOUR USE OF THOSE SERVICES. YOUR USE OF THIS SITE AND YOUR
RELATIONSHIP WITH 100AVA ARE SUBJECT TO ALL GUIDELINES OR RULES THAT MAY BE POSTED
FROM TIME TO TIME ON THE SITE, WHICH ARE ALL INCORPORATED BY REFERENCE INTO
THIS AGREEMENT. BY USING THIS SITE, YOU ARE AGREEING TO BE BOUND BY ALL OF THE
AND ANY GUIDELINES AND RULES POSTED ON THIS SITE. IF YOU DO NOT AGREE TO BE
BOUND BY THIS AGREEMENT, DO NOT USE THIS SITE.
3. Membership Eligibility and
Services are only available to individuals who can form legally binding
contracts under applicable law. To be an eligible member of 100AVA you as the
user must provide to 100AVA with your legal first and last name, billing
address, city, state, country, postal code, and e-mail address. Should you
knowingly falsely any of the required information, your account shall be
terminated immediately with or without prior notice. You should make every
reasonable effort to safe guard your user name and password from unauthorized
use. 100AVA is not responsible for any unauthorized use of your account. We
have the right to terminate your account at any time if we have any reason to
believe that you have misused your account.
4. Prohibited Conduct:
You agree (i) not to use this site to
upload or distribute in any way files that contain viruses, corrupted files, or
any other similar software or programs that may damage the operation of
another's computer; (ii) not to interfere or disrupt this site or any networks
connected to this site; (iii) not to use any device, software or routine or
attempt to interfere with the proper functioning of this site or any
transactions being offered at this site; (iv) not to take any action that
imposes an unreasonable or disproportionately large load on 100AVA
infrastructure; (v) not to use this site to collect or harvest personal
information, including, without limitation, financial information, about other
participants at this site; and (vi) not to impersonate any person or entity or
falsely state or otherwise misrepresent Your affiliation with a person or
entity. You agree not to use the services, products, or downloads available at
this site for illegal purposes, and to comply with all regulations, policies
and procedures of networks connected to this site.
5. Compliance with Laws:
You shall comply with all applicable laws and regulations of the
United States and foreign authorities (including, but not limited to United
States trade restriction laws, export laws or license requirements and laws
regarding the sale or transport of hazardous materials, and laws regarding the
transmission of technical data, including without limitation encryption,
exported from the United States through the services available at this site)
relating to any service, product, or download associated with this site.
You agree to release, indemnify, defend and hold harmless 100AVA,
its subsidiaries, affiliates, officers, directors, employees, agents and
advisors, from and against any and all losses, liabilities, claims (including
claims without legal merit or brought in bad faith), demands, damages, costs or
expenses, causes of action, suits, proceedings, judgments, awards, executions
and liens, including reasonable attorneys' fees and costs (whether brought by
third parties or otherwise) (collectively, "Claims") due to or
arising out of your use of or conduct on this Web Site or the service. 100AVA
reserves the right, at its own expense, to assume the exclusive defense and
control of any matter otherwise subject to indemnification by you hereunder,
and in such event, you shall have no further obligation to provide
indemnification for such matter.
All content included on this site, such as text, graphics, logos,
button icons, images, audio clips, and software, is the property of 100AVA or
its content suppliers and protected by U.S. and international copyright laws.
The compilation (meaning the collection, arrangement, and assembly) of all
content on this site is the exclusive property of 100AVA and protected by U.S.
and international copyright laws. All software used on this site is the
property of 100AVA or its software suppliers and protected by U.S. and
international copyright laws. The content and software on this site may be used
as a shopping resource. Any other use, including the reproduction,
modification, distribution, transmission, republication, display, or
performance, of the content on this site is strictly prohibited.
8. Representations and Warranties:
THE SERVICE AND THIS SITE, INCLUDING ANY CONTENT OR INFORMATION
CONTAINED WITHIN IT IS PROVIDED "AS IS" AND "AS AVAILABLE"
WITH NO TECHNICAL SUPPORT OR REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER
EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SYSTEM INTEGRATION, TITLE
AND NONINFRINGEMENT. IN PARTICULAR, BUT WITHOUT LIMITATION, 100AVA DOES NOT
WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL
BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE
OF VIRUSES OR OTHER HARMFUL COMPONENTS. 100AVA DOES NOT WARRANT OR MAKE ANY
REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN
THIS SITE, IN TERMS OF ITS CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR
OTHERWISE. YOU UNDERSTAND AND AGREE THAT YOU ASSUME TOTAL RESPONSIBILITY FOR
YOUR USE OF THIS SITE AND THE SERVICE, INCLUDING, BUT NOT LIMITED, USE THAT
RESULTS IN DAMAGE TO YOUR COMPUTER OR LOSS OF DATA.
9. CALLING RATES:
Prices are subject to change as 100AVA reserves the right to change
the rates at any time with or without notice. For each answered call, billing
starts after the call is answered. All calls will be charged in one-minute
steps if it is less than it. An 800 access fee may be applied to calls without
a valid destination number and such fee shall be charged to your calling card.
100AVA makes no representation as to whether calls to the local access numbers
listed will incur long-distance or other charges imposed by the customer local
telephone company, and disclaims all responsibility for any such charges.
Federal, State, value added and local taxes for Lifeline Assistance and
Universal Service Fund will be deducted from your calling card. Calls to
Directory Assistance will be charged at a higher rate and such may be charged
to your calling card. For fraud protection purposes, first-time customers may
be subject to telephone verification before shipment. If the 100AVA system
flags your order for verification, one of our customer service representatives
will call you as soon as possible to confirm your order over the phone.
10. Return & Refund:
is committed to customer satisfaction and offers 100% money back guarantee.
100AVA will refund the amount for any product to any customer who is
dissatisfied with its services. The refund policy applies only for claims
received by 100AVA within 60 days since purchase date. You may
request for a refund by submitting a written request in English to 100AVA
customer service Email at firstname.lastname@example.org or
faxing it to +1-408-550-1850. Refund requests carried out through other means may
not be eligible for the refund. 100AVA reserves the right to deny repetitive
refund requests. Any abuse by you of the terms relating to refunds hereunder
shall lead to the termination of this Agreement. Usage amount (if there is any)
promotion or discount applied to an order for which a refund is provided will
be deducted from the amount of the refund. All
payments older than 60 days are non-refundable.
11. Termination & Cancelation:
You agree that 100AVA may, at its sole discretion, deny you access
to the site and disable any user name and password associated with you for any
reason, including, without limitation, if 100AVA believes that you have
violated or acted inconsistently with the letter or spirit of this agreement.
100AVA reserves the right at any time and from time to time to modify or
discontinue, temporarily or permanently, the services offered under this site
(or any part thereof) with or without notice. You agree that 100AVA shall not
be liable to you or to any third party for any modification, suspension or
discontinuance of the services offered under this site. Also You may cancel the
100AVA Services at any time if you are not happy with 100AVA Services, all 100AVA
Services will be cancelled from the Site or within 5 days of receipt of written
notice from you and the remaining amount in your balance will be returned to
you (transfer fee and any usage cost and any promotion or discount applied to
an order for which a refund is provided, will be deducted from the amount of
12. Limited Liability:
AND ALL AFFILIATES AND CONTENT PROVIDERS AND THEIR RESPECTIVE SHAREHOLDERS AND
AFFILIATES SHALL NOT BE LIABLE FOR ANY LOSS OF BUSINESS, LOSS OF USE OR OF
DATA, INTERRUPTION OF BUSINESS, LOST PROFITS OR GOODWILL, OR OTHER INDIRECT,
SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT
OF THIS AGREEMENT, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
LOSS AND WHETHER OR NOT THEY HAD ANY KNOWLEDGE, ACTUAL OR CONSTRUCTIVE, THAT
SUCH DAMAGES MIGHT BE INCURRED, AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL
PURPOSE OF ANY LIMITED REMEDY. THIS EXCLUSION INCLUDES ANY LIABILITY THAT MAY
ARISE OUT OF THIRD-PARTY CLAIMS AGAINST YOU. YOU AGREE THAT REGARDLESS OF ANY
STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR
RELATED TO USE OF THE GOODS OR SERVICES PROVIDED ON THIS SITE OR THIS AGREEMENT
MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR
BE FOREVER BARRED. YOU FURTHER AGREE IF YOU BECOME ENTITLED TO ANY RECOVERY,
THAT YOUR RECOVERY SHALL BE LIMITED TO THE AMOUNT OF FEES OR PAYMENTS MADE TO
100AVA, IF ANY, FOR THE SERVICE, SOFTWARE OR CONTENT AT ISSUE.
13. Applicable Law:
This site is created and controlled by 100 AVA. As such, the laws
USA will govern these disclaimers, terms, and conditions, without giving effect
to any principles of conflicts of laws. We reserve the right to make changes to
our site and these disclaimers, terms, and conditions at any time.
14. Contact Information:
You may contact us at:
1732 1st Ave,
New York, NY, 10128