Terms of Service
YOUR USE OF AVENGEAR.COM CONSTITUTES YOUR AGREEMENT TO BE BOUND TO THE FOLLOWING TERMS AND CONDITIONS:
- The information on the pages of this website is provided solely for your general information and use.
- As to the accuracy, timeliness, performance, completeness, or suitability of the information and materials found or offered on this website for any particular purpose, neither we nor any third parties make any warranty or guarantee. You understand that these materials and information could have mistakes or inaccuracies, and we expressly disclaim all responsibility for any such errors or inaccuracies to the fullest extent permissible by law.
- You use any information or resources on this website solely at your own risk, and we will not be held responsible. You are solely responsible for making sure that any goods, services, or information obtained through this website satisfy your particular needs.
- Unauthorized use of this website may give rise to a damage claim and/or be illegal.
- Your use of this website, as well as any dispute arising from such use, is governed by the laws of the United States of America.
You agree to the following terms and conditions ("Terms of Service", "Terms"), including such other terms and conditions and policies that are linked herein and/or accessible by hyperlink, by visiting our site and/or making a purchase from us, which together constitute our "Service". All users of the site are subject to these terms of service, including without limitation users who are browsers, vendors, customers, merchants, and/or content providers.
Before using or visiting our website, please take the time to thoroughly read these Terms and Conditions. You agree to be bound by these Terms and Conditions by accessing or using any element of the website. You are not permitted to use any services or visit the website if you do not agree to all of the terms and conditions of this agreement. Acceptance is conditioned entirely on these Terms and Conditions, in the event that these Terms & Conditions are declared an offer.
The Terms and Conditions also apply to any new features or tools that are introduced to the current store. On this page, you can always review the most recent version of the terms and conditions. By publishing updates and/or changes to our website, we retain the right to amend, modify, or replace any element of these Terms and Conditions. It is your responsibility to periodically check this page for updates. Following the publishing of any modifications, your continued use or access to the website implies acceptance of those changes.
Shopify Inc. is where our store is hosted. They offer us an online e-commerce platform that enables us to offer you our goods and services.
SECTION 1 - ONLINE STORE TERMS
By accepting these Terms and Conditions, you confirm that you are at least the legal age of majority in your state or province of residence or that you are of legal age in your state or province of residence and have granted us permission to permit any of your minor dependents to use this site.
You are not allowed to use our products for any improper or prohibited purposes, and you are not allowed to break local laws by using the Service (including but not limited to copyright laws). Your Services will be immediately terminated if any of the Terms are broken or violated.
SECTION 2 - GENERAL CONDITIONS
We have the right to reject anyone's service at any time and for any reason.
You are aware that your content (except credit card data) may be sent in an unencrypted fashion and that this may necessitate (a) transmissions over a variety of networks; and (b) modifications to conform and adapt to technical constraints of connecting networks or devices. When transferred via networks, credit card information is always encrypted.
Without our prior written consent, you undertake not to modify any part of the Service, use of the Service, access to the Service, or any relationship with the website through which the Service is offered.
These Terms are not limited or otherwise affected by the headings that are used in this agreement but are merely included for convenience.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We disclaim all responsibility for any inaccuracies, omissions, or delays in the content of the material made available on this website. The content on this website is provided for informational purposes only and should not be relied upon or used as the only basis for choices without consulting primary, more reliable, complete, or up-to-date sources of data. Your use of the information on this website is at your own risk.
There may be historical data on this website. Information that is historical is unavoidably out of date and is only offered for your reference. Although we reserve the right to change the information on this site at any time, we are under no obligation to do so. You acknowledge that it is your duty to keep an eye to changes on our website
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Without prior notice, our product prices can vary.
We retain the right to change or stop providing the Service (or any feature or material within) at any time and without prior notice.
Any time the Service is altered, its pricing is changed, it is suspended, or it is discontinued, we won't be responsible to you or any third parties.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Some goods or services might only be accessible online via the website. These goods or services could be in short supply and are only returnable or exchangeable in accordance with our Return and Refund Policy: Return & Refund Policy
Every effort has been made to ensure that the colors and photographs of our products displayed in the store are as accurate as possible. We cannot guarantee that any color you see on your computer screen is accurately represented.
We reserve the right, but are under no obligation, to restrict who is eligible to purchase our products or use our Services. On a case-by-case basis, we may use this right. Any items or services that we offer may have quantity restrictions, which we have the right to impose. All product descriptions and prices are subject to change at any time and without prior notice, at our sole discretion. Anytime, we reserve the right to stop selling any product.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
Any order you place with us may be rejected by us at our discretion. We have the right to restrict or discontinue sales to one individual, one household, or one order at our sole discretion. These limitations may apply to orders made using the same credit card, the same billing address, the same shipping address, or orders made by or under the same customer account. If we need to amend or cancel an order, we will contact the email address, billing address, and/or phone number you gave when placing the transaction to let you know.
For any purchases made at our store, you agree to provide current, complete, and accurate account and purchase information. In order for us to complete your transactions and get in touch with you as necessary, you agree to immediately update your account and other information, including your email address, credit card numbers, and expiration dates.
For more detail, please review our Payment Policy
SECTION 7 - OPTIONAL TOOLS
We might give you access to third-party tools that we don't monitor, control, or have any influence in.
You understand and accept that we provide these tools accessible "as is" and "as available" without any guarantees, assurances, or conditions of any sort. We also do not recommend or make any claims about these tools. We won't be held responsible for anything related to or resulting from your use of optional third-party tools.
Use of any optional tools made available through the site is solely voluntary and at your own risk. You are responsible for familiarizing yourself with and approving the conditions on which any applicable third-party provider makes available such tools (s).
We might also provide additional Services and/or features on the website in the future (including the release of new tools and resources). These Terms and Conditions will also apply to such new features and/or Services.
SECTION 8 - THIRD-PARTY LINKS
Materials from third parties may be included in some of the content, goods, and services made available through our service.
You might be taken to third-party websites through links on our website that are not connected to us. We disclaim all liability and responsibility for any errors or omissions in the content or accuracy of any third-party materials or websites, as well as for any other third-party materials, goods, or services.
Any loss or damages resulting from the use of any resources, products, services, or other transactions on any third-party websites are not our responsibility. Before engaging in any transaction, carefully research the third party's policies and practices to ensure your understanding.
Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
You agree that if you send us unrequested ideas, proposals, plans, or other submissions (such as contest entries) or if we obtain your unrequested ideas, suggestions, or materials, whether online, by email, postal mail, or otherwise (collectively, "comments"), we are free to use, reproduce, publish, disseminate, translate, and otherwise use those comments for any purpose whatsoever. We are not and never will be obligated to (1) keep any comments private; (2) compensate for any remarks; or (3) reply to any comments..
You acknowledge that you will not post anything that infringes on anybody else's copyright, trademark, privacy, or other proprietary or personal rights. You further agree that your comments won't contain any defamatory, illegal, threatening, or otherwise objectionable content, as well as any malware that could in any way impair the functionality of the Service or any website connected to it.
You may not impersonate another person, use a false email address, or in any other way mislead us or other people as to the source of any remarks. You alone are accountable for the truthfulness of any remarks you make. Regarding any remarks made by you or any other party, we disclaim all liability.
SECTION 10 - PERSONAL INFORMATION
Our Privacy Policy governs the submission of any personal data you make through the store. You can view our Privacy Policy here: Privacy Policy
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
On rare occasions, material on our website or in the Service may have typographical or other errors, inaccuracies, or omissions that may pertain to product descriptions, costs, special offers, promotions, transit times, and availability. Without prior notice, we retain the right to change or update information, cancel orders, and/or correct any mistakes, inaccuracies, or omissions in any part of the Service or on any connected website (including after you have submitted your order).
Except as required by law, we make no commitment to update, modify, or clarify any information in the Service or on any associated website, including without limitation pricing information.
It should not be assumed that all of the information in the Service or on any connected website has been updated or amended because there is no explicit update or refresh date applied.
SECTION 12 - PROHIBITED USES
You are prohibited from using the site or its content in the following ways, in addition to other restrictions outlined in the Terms and Conditions: (a) for any unlawful purpose; (b) to solicit others to perform or engage in any unlawful acts; (c) to violate any international, national, provincial, or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our or others' intellectual property rights; (e) to harass, abuse, insult, intimidate, defame, discriminate or harm another person; (f) to submit inaccurate or misleading information, or to use a connected website in violation of any prohibited uses; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way to affect the functionality or operation of the Service or of any related website; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; (k) to interfere with or circumvent the security features of the Service or any other website. For violating any of the prohibited uses, we retain the right to stop you from using the Service or any website that is associated to it.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not promise or assure that using our service will be uninterrupted, speedy, secure, or error-free.
We make no promises as to the accuracy or dependability of any outcomes that may be attained via the use of the Service.
You acknowledge that we reserve the right to discontinue the Service at any time, with or without prior notice, and that we may do so on occasion.
You clearly acknowledge that the Service is used at your own risk, whether you can use it or not. Except as otherwise expressly stated by us, the Service and all products and Services delivered to you through the Service are provided "as is" and "as available" for your use, free from any express or implied representation, warranty, or condition, including without limitation any implied warranty or condition of merchantability, merchantable quality, fitness for a particular purpose, durability, title, or non-infringement
AvenGear, its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, Service providers, or licensors shall in no event be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), whether in an action under the theory of strict liability, negligence, product liability, or other theory, arising from your use of any Service or any products obtained through the Service, or for any other claim related in any way to your use of any Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product), posted, transmitted, or otherwise made available via the Service
Our liability shall be limited to the greatest extent permitted by law in those states or jurisdictions that do not allow the exclusion or the restriction of liability for consequential or incidental damages.
SECTION 14 - INDEMNIFICATION
You consent to defend, hold harmless, and indemnify AvenGear and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from any claim or demand, including reasonable attorneys' fees, made by any third-party due to or arising out of your violation of any of the terms and conditions of this agreement or the documents they incorporate by reference, or your violation of any law.
SECTION 15 - SEVERABILITY
If any provision of these Terms of Service is found to be invalid, illegal, or otherwise unenforceable, it shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the invalid or unenforceable portion shall be deemed severed from these Terms of Service; the validity and enforceability of any other provisions shall not be affected.
SECTION 16 - TERMINATION
The termination of this agreement shall not affect the parties' obligations and liabilities accrued before the termination date.
Unless and until terminated by either you or us, these Terms of Service are in force. By telling us that you no longer wish to use our Services or by stopping your usage of our website, you may terminate these Terms of Service at any time.
We may also terminate this agreement at any time without notice, and you will remain liable for all amounts due up until and including the date of termination. Additionally, we may do so by denying you access to our Services if, in our sole discretion, you do not comply with any term or provision of these Terms and Conditions (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
Any right or provision of these Terms and Conditions that we do not execute or enforce in accordance with them does not constitute a waiver of those rights or provisions.
All prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us are superseded by these Terms and Conditions and any policies or operating guidelines posted by us on this website or with respect to the Service, which govern your use of the Service (including, but not limited to, any prior versions of the Terms and Conditions).
Any interpretational ambiguities in these Terms of Service shall not be applied against the party who drafted them.
SECTION 18 - GOVERNING LAW
The laws of the United States shall govern these Terms and Conditions and any other agreements by which we supply you Services and will be followed in their interpretation.
SECTION 19 - CHANGES TO TERMS OF SERVICE
On this page, you can always consult the most recent version of the Terms and Conditions.
By publishing updates and changes to our website, we retain the right to amend, modify, or replace any portion of these Terms of Service at any time. It is your duty to often check our website for updates. Any modifications to these Terms and Conditions that are posted after you first use our website or use the Service indicate your acceptance of those modifications.
SECTION 21 - ACCESSIBILITY
At AvenGear, are dedicated to providing everyone with easy access to and utilization of the information on our website. If you are having trouble viewing or navigating the content on this website, or if you notice any content, feature, or functionality that you believe is not fully accessible to people with disabilities, please contact our customer service team at support@avengear.com with a description of the specific feature you believe is not fully accessible, along with a suggestion for improvement. We value your input and will take it into account as we assess how best to serve all of our clients and revise our general accessibility guidelines.
SECTION 22 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at support@avengear.com
Our contact information is posted below:
Email: support@avengear.com
Phone: +1 (307) 200-8280
Aven Media Solutions LLC
30N Gould St, Ste R, Sheridan,
WY 82801, United States
Business Registration Number: 2022-001197923
Operating Hours: 9 AM to 6 PM (GMT-7)