Terms and Conditions
The following Terms and Conditions govern your access to avicrom.com, whether accessed through the AVICROM website (desktop or mobile) and/or other applications for mobile and tablet devices (collectively, the “Digital Platforms”).
Proprietary Rights. As between you and AVICROM, AVICROM owns, solely and exclusively, all right, title and interest in and to the Digital Platforms and all elements thereof, including: all the content (including without limitation audio, images, photographs, illustrations, text, graphics, logos, button icons, other visuals, video, copy, Trademarks, etc.), software, code, data and materials used therein or available thereon; the look and feel, design and organization of the Digital Platforms; the compilation of the content, code, data and materials in the Digital Platforms; and all copyrights, trademark rights, patent rights, database rights, trade secrets, moral rights (including rights of authorship, attribution and subsequent modification) and other intellectual property and proprietary rights (whether registered or unregistered in any jurisdiction) in any of the foregoing. Your use of the Digital Platforms does not grant to you any right, title or interest in any element thereof, and AVICROM (or our applicable licensors, partners, or affiliates) owns and retains all right, title and interest (including all intellectual property and proprietary rights) therein and thereto. We may change these Terms of Use from time to time, at any time without notice to you, by posting such changes on avicrom.com. The trademarks, service marks and logos (collectively, the "Trademarks") used and displayed on this Site are registered and unregistered Trademarks of AVICROM. Nothing on this Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on this Site without the prior written permission of the Trademark owner. AVICROM aggressively enforces its intellectual property rights to the fullest extent of the law. AVICROM’s name, logo, or other AVICROM formatives may not be used in any way, including in advertising or publicity pertaining to distribution of materials on this Site, without prior, written permission from AVICROM. AVICROM prohibits use of our logo as part of a link to or from any external website unless establishment of such a link is approved in advance by AVICROM in writing. Fair use of AVICROM’s Trademarks requires proper acknowledgment.
Product Orders. By placing an order, you agree to pay all charges incurred by you and any users of your account and your credit card (or other applicable payment mechanism) at the price(s) in effect when such charges are incurred. By placing an order, you represent that you have complied with this Agreement and the products ordered will be used in a lawful manner. If we believe that your conduct or purchasing activity violates Laws or this Agreement, we reserve the right, in our sole discretion, with or without prior notice, to: (i) limit the available quantity of or discontinue any product or service; (ii) impose conditions on honoring any promotional coupon, coupon code, promotional code, or similar promotion or discount (collectively, a “Coupon”); (iii) bar any user from making or completing any or all transaction(s); (iv) refuse to provide any user with any product or service; and/or (iv) terminate or suspend your account. While our goal is a 100% error-free Site, we do not guarantee that all content is accurate or complete, including price information and product specifications. If we discover price errors, they will be corrected on our systems, and the corrected price will apply to your order.
Availability. While we will use our best efforts to fulfill all orders, AVICROM cannot guarantee the availability of any particular product displayed on this Site. AVICROM reserves the right to discontinue the sale of any product listed on this Site at any time without notice.
Prices and Errors. Product prices offered on this Site may vary from other advertised prices due to varying conditions in different geographic markets. The prices displayed on this Site are quoted in U.S. dollars and are valid and effective only within the United States, and such prices do not include shipping and handling or sales taxes, if applicable, which will be added to your total invoice price. You are responsible for the payment of any shipping and handling charges and state and local sales or use taxes that may apply to your order. See our “Shipping Policy” section on this site for more information.
E-mail communications. Although AVICROM will in most circumstances be able to receive your e-mail or other information provided through this Site, AVICROM does not guarantee that it will receive all such e-mail or other information timely and accurately and shall not be legally obligated to read, act on or respond to any such e-mail or other information. Be aware that Internet e-mail typically is not secure.
Submitted Materials. Unless specifically requested, we do not solicit nor do we wish to receive any confidential, secret or proprietary information or other material from you through the Digital Platforms, by e-mail or in any other way. Any information, creative works, demos, ideas, suggestions, feedback, concepts, methods, systems, designs, plans, techniques or other materials submitted or sent to us ("Submitted Materials") will be deemed not to be confidential or secret, and may be used by us in any manner consistent with the relevant AVICROM Privacy Notice. We are not responsible for maintaining any Submitted Material that you provide to us, and we may delete or destroy any such Submitted Material at any time.
Indemnification. You agree to defend, indemnify on demand and keep AVICROM and our affiliates, parents, subsidiaries and each of our and their respective officers, employees, agents, partners, content providers, service providers, suppliers and licensors (collectively, the “Released Parties”) indemnified, and hold the Released Parties harmless from any and all claims, liabilities, costs, losses (including without limitation consequential and indirect losses) and expenses, including reasonable attorneys' fees.
Local Standards. We do not represent or warrant that the Digital Platforms or any content, materials, information, functions or products available through the Digital Platforms are appropriate for use in all locations. Persons who choose to access the Digital Platforms do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
NO WARRANTIES; EXCLUSION OF LIABILITY. AVICROM: (I) MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE MATERIALS ON THIS SITE FOR ANY PURPOSE AND SUCH MATERIALS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED; (II) SPECIFICALLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT; AND (III) DOES NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE MATERIALS ON THIS SITE, FOR YOUR ACTION OR INACTION IN CONNECTION WITH THIS SITE, OR FOR ANY DAMAGE TO YOUR DEVICE OR DATA OR ANY OTHER DAMAGE YOU MAY INCUR IN CONNECTION WITH THIS SITE. YOUR USE OF THIS SITE IS AT YOUR OWN RISK. IN NO EVENT SHALL EITHER AVICROM, ITS AFFILIATES OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE, THE MATERIALS IN THIS SITE, THE DELAY OR INABILITY TO USE THIS SITE, OR OTHERWISE ARISING IN CONNECTION WITH THIS SITE (WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES). SOME STATES AND/OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DIRECT, INDIRECT, INCIDENTAL, SPECIAL AND/OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. The above exclusions of liability are not applicable to residents of New Jersey. With respect to residents of New Jersey, AVICROM shall not be liable for any damages resulting from the use of this Site or the materials in this Site unless such damages are the result of our negligent or reckless acts or omissions.