Terms and Conditions
Welcome to www.avacraft.com (“website” or “site” or “WEBSITE” or “Site”), our website brought to you by AVACRAFT (“AVACRAFT,” “we” or “us”).
IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THE WEBSITE, ANY SERVICES MADE AVAILABLE THROUGH THE SITES OR ANY INFORMATION CONTAINED ON THE WEBSITE.
CHANGES TO TERMS AND CONDITIONS, AND WEBSITE
AVACRAFT reserves the right to update or modify these Terms and Conditions at any time without prior notice. AVACRAFT may make changes to the content and Services offered on the website. AVACRAFT can change, update, or add or remove provisions of these Terms, at any time by posting the updated Terms. By using the website after AVACRAFT has updated the Terms, you are agreeing to all the updated Terms; if you do not agree with any of the updated Terms, you must stop using the website.
By using website, you represent, acknowledge and agree that you are at least 18 years of age, or if you are under 18 years of age but are at least 13 years old (a “Minor”), that you are using the Site with the consent of your parent or legal guardian and that you have received your parent’s or legal guardian’s permission to agree to these Terms. If you are a parent or legal guardian of a Minor, you hereby agree to bind the Minor to these Terms and to fully indemnify and hold harmless AVACRAFT if the Minor breaches any of these Terms. Our website is not targeted toward, nor intended for use by, anyone under the age of 13. If you are not at least 13 years old, you may not use our website at any time or in any manner or submit any information to AVACRAFT or the website.
AVACRAFT provides content through the website that is copyrighted and/or trademarked work of AVACRAFT, AVACRAFT’s third-party licensors and suppliers, or other users of the website (collectively, the “Materials”). Materials may include logos, graphics, video, images, software and other content. Subject to the terms and conditions of these Terms, and your compliance with these Terms, AVACRAFT hereby grants you a limited, personal, non-exclusive and non-transferable license to use and to display the Materials and to use the website solely for your personal use. Except for the foregoing license , you have no other rights in the website or any Materials and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any website or Materials in any manner.
If you breach any of these Terms, the above license will terminate automatically and you must immediately destroy any downloaded or printed Materials.
USING THE SITE AND THE SERVICES
You need not register with AVACRAFT to simply visit and view the website and use any of the Services available on the website. However, AVACRAFT may from time to time require you to register for an account with AVACRAFT in order to access certain password-restricted areas of website and to use certain Services and Materials offered on and through the website.
If you desire to register for an account with AVACRAFT, you must submit information via the account registration page on the website (as applicable), which may include your e-mail address, name and mailing address. You may also have the ability to provide additional optional information about yourself, which is not required to register for the account, but may be helpful to AVACRAFT in providing you with a more customized experience when using the website, or the services they provide. Once you have submitted your account registration information, AVACRAFT shall have the right to approve or reject the requested account, in AVACRAFT’s discretion. If your account is approved, you will be permitted to log in to the website or Service(s) using the password you select.
You may also be provided with the ability to register for an account on the website using your existing account and log-in credentials through certain Third-Party sites (as defined below) such as Instagram, Facebook etc.
You are responsible for maintaining the confidentiality of your AVACRAFT password and any Third-Party Site password used to access our website, and/or Services (collectively, “Passwords”), and you are responsible for all activities that occur using your Passwords. You agree not to share your Passwords, let others access or use your Passwords, or do anything else that might jeopardize the security of your Passwords. You agree to notify AVACRAFT if any of your Passwords are lost or stolen, if you are aware of any unauthorized use of your Passwords or if you know of any other breach of security in relation to website.
All the information that you provide when registering for an account and otherwise through the website must be accurate, complete and up to date. You may change, correct or remove any information from your account by logging into your account directly and making the desired changes.
If applicable, you agree to pay all fees or charges associated with your use of the website or purchases made on the website pursuant to any AVACRAFT billing terms in effect as shown on the applicable product or payment pages. If you do not pay on time or if AVACRAFT cannot charge your credit card or other applicable payment method for any reason, AVACRAFT reserves the right to either suspend or terminate your access to the website and/or your account, and terminate these Terms. You are expressly agreeing that AVACRAFT is permitted to bill you for the applicable fees, any applicable tax and any other charges you may incur in connection with your use of the website and that fees will be billed to your credit card or other AVACRAFT payment method. If the product or service you have purchased involves a subscription or recurring payments, you agree that AVACRAFT may charge your credit card or other AVACRAFT approved payment method thereafter at regular intervals for the term of the recurring payments. Except as otherwise set forth in these Terms or separate product purchase terms on a website, all fees and charges are non-refundable. If you have a balance due on any account, you agree that AVACRAFT may charge such unpaid fees to your credit card or other payment method, or otherwise bill you for such unpaid fees.
All prices displayed on the website are quoted in U.S. dollars. Shipping and handling fees and applicable sales/use tax will be added by AVACRAFT as necessary. AVACRAFT reserves the right to make changes to pricing and specifications without prior notice and without incurring any obligations to you, and to restrict delivery to addresses within the United States. AVACRAFT reserves the right to limit the number of items ordered and to refuse services to any customer without prior notification. In the event that an item lists an incorrect price, either due to typographical or other error, AVACRAFT shall have the right to refuse or cancel any order placed for the incorrect price, regardless of whether the order is being or has been processed. If payment has already been made or if a credit card has already been charged for the purchase and the order is cancelled, AVACRAFT shall promptly credit the credit card account in the amount of the incorrect price.
By using this website, and/or the Services, you consent to receiving electronic communications from AVACRAFT. These electronic communications may include notices about applicable fees and charges, transactional information, shipping information and other information concerning or related to the website and/or Services provided on or through the website. These electronic communications are part of your relationship with AVACRAFT. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.
LINKS TO THIRD-PARTY SITES
Our website may be linked to other websites that are not AVACRAFT sites, including, without limitation, social networking, blogging and similar websites through which you are able to log into a website using your existing account and log-in credentials for such third-party sites, websites from which you may purchase AVACRAFT products and websites with content that you may find interesting (collectively, “Third-Party Sites”). Certain areas of website may allow you to interact and/or conduct transactions with such Third-Party Sites and/or allow you to configure your privacy settings in your Third-Party Site account to permit your activities on our website to be shared with your contacts in your Third-Party Site account. In certain situations, you may be transferred to a Third-Party Site through a link but it may appear that you are still on our site. In any case, you acknowledge and agree that the Third-Party Sites may have different privacy policies and terms and conditions of use than are found on our website, and you further acknowledge and agree that, in such cases, your use of such Third-Party Sites is governed by such third party privacy policies and terms and conditions of use. AVACRAFT provides links to Third-Party Sites to you as a convenience, and we do not verify, make any representations about, or take responsibility for such Third-Party Sites, including, without limitation, the truthfulness, accuracy, quality or completeness of the content, services, links displayed and/or any other activities conducted on or through such Third-Party Sites. YOU AGREE THAT AVACRAFT WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, INFORMATION, RESOURCES AND/OR CONTENT AVAILABLE ON OR THROUGH ANY THIRD-PARTY SITES, FOR YOUR DEALINGS OR COMMUNICATIONS WITH ANY THIRD PARTIES, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE CONTENT, PRODUCTS, SERVICES OR BUSINESS PRACTICES OF ANY THIRD PARTY. Unless specifically stated on our website, we do not endorse any such Third-Party Sites, the products, services, or materials found there, or any results that may be obtained from using them.
You are responsible for the information, opinions, messages, comments, photos, videos, graphics, sounds and other content or material that you submit, upload, post, create or otherwise generate or make available on or through any of our website, or Services (each a “Submission”). You may not upload, post or otherwise generate or make available to us any material protected by copyright, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary right, and the burden of determining whether any material is protected by any such right is on you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, violation of contract, privacy or publicity rights or any other harm resulting from any Submission that you make. You have full responsibility for each Submission you make, including its legality, reliability and appropriateness.
You agree to pay for all royalties, fees, damages and any other monies owing any person by reason of any Submissions you provide.
When you provide Submissions you agree that those Submissions shall not be in violation of the “Unauthorized Activities” paragraph below. Those prohibitions do not require AVACRAFT to monitor, police or remove any Submissions or other information submitted by you or any other user
When using the websites, you agree to abide by common standards of decency and act in accordance with the law. By way of example and not limitation, you agree not to:
- Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Use racially, ethnically, or otherwise offensive language.
- Discuss or incite illegal activity.
- Use explicit/obscene language or solicit/post sexually explicit images (actual or simulated).
- Post anything that exploits children or minors or that depicts cruelty to animals.
- Post any copyrighted or trademarked materials without the express permission from the owner.
- Disseminate any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of such solicitation.
- Use any robot, spider, scraper or other automated means to access the website.
- Take any action that imposes an unreasonable or disproportionately large load on our infrastructure.
- Alter the opinions or comments posted by others on website.
- Post anything contrary to our public image, goodwill or reputation, provided that the foregoing will not apply to you if applicable law prohibits such limitations and restrictions.
This list of prohibitions provides examples and is not complete or exclusive. AVACRAFT reserves the right to (a) terminate access to your account and/or your ability to post to the website (or Services) and (b) refuse, delete or remove any Submissions; with or without cause and with or without notice, for any reason or no reason, or for any action that AVACRAFT determines is inappropriate or disruptive to website or to any other user of the site, and/or Services. AVACRAFT may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at AVACRAFT’s discretion, AVACRAFT will cooperate with law enforcement agencies in any investigation of alleged illegal activity on the site or on the Internet.
Unauthorized use of any Materials contained on the site may violate certain laws and regulations.
You agree to indemnify and hold AVACRAFT and any other Licensee and their respective officers, directors, employees and agents harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees and costs of defense) AVACRAFT or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding any claim or demand relating to or arising out of your use of website (including any Service available through the website), the use of website by any person using your user name and/or Password (including without limitation, your participation in the posting areas), your Submissions or your violation or misappropriation of any applicable law, regulation, or the copyrights, trademark rights or other rights of any third party.
The trademarks, logos, and service marks displayed on the website (collectively, the “Trademarks”) are and remain the registered and/or common law marks of AVACRAFT, our affiliates, our licensors or our partners, in the United States and other countries, and are protected by United States and international trademark laws.
Unless otherwise specified in these Terms, all information and screens appearing on the website or Services, including documents, services, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of AVACRAFT, our affiliates, our licensors or our partners. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any Trademark or copyrighted material is strictly prohibited without the express written consent of the owner.
COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
AVACRAFT respects the intellectual property rights of others, and we ask you to do the same. AVACRAFT may, in appropriate circumstances and at our discretion, terminate service and/or access to and use of the website for users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on website, please provide AVACRAFT’s designated agent the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the website, and information reasonably sufficient to permit AVACRAFT to locate the material.
- Information reasonably sufficient to permit AVACRAFT to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
- A statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright and/or trademark owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
AVACRAFT’s agent for notice of claims of copyright or trademark infringement on the website can be reached as follows:
3905 Hedgcoxe Rd
Plano TX 75024
Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
Submitting a Digital Millennium Copyright Act (“DMCA”) Counter-Notification
We will notify you that we have removed or disabled access to copyright-protected material that you provided, if such removal is pursuant to a valid DMCA take-down notice that we have received. If you receive such notice from us, you may provide us with a counter-notification in writing to AVACRAFT’s designated agent that includes all of the following information:
- Your physical or electronic signature;
- Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
- A statement from you under the penalty of perjury, that you have a good-faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
- Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which AVACRAFT may be located, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
Termination of Repeat Infringers
AVACRAFT reserves the right, in its sole discretion, to terminate the account or access of any user of our website and/or Services who is the subject of repeated DMCA or other infringement notifications.
DISCLAIMER OF WARRANTIES
Your use of the website and Services is at your own risk. The Materials have not been verified or authenticated in whole or in part by AVACRAFT, and they may include inaccuracies or typographical or other errors. AVACRAFT does not warrant the accuracy or timeliness of the Materials contained on the website. AVACRAFT has no liability for any errors or omissions in the Materials, whether provided by AVACRAFT, our licensors or suppliers or other users.
AVACRAFT, FOR ITSELF AND ITS LICENSORS, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THE WEBSITES, THE SERVICES, OR ANY MATERIALS, OR RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED OR PRESENTED ON THE WEBSITE. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE, THE SERVICES, THE MATERIALS, AND ANY INFORMATION CONTAINED OR PRESENTED ON THE WEBSITE IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” AND “WHERE-IS” BASIS WITH NO WARRANTY OR IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. AVACRAFT DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER.
LIMITATION OF LIABILITY
AVACRAFT SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR USE OF THE WEBSITE, OR ANY SERVICES, OR FROM YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIALS TO OR FROM THE SITES. IN NO EVENT SHALL AVACRAFT BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF AVACRAFT KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE.
LOCAL LAWS; EXPORT CONTROL
AVACRAFT controls and operates the website from its offices in the United States of America, and the Services and Materials may not be appropriate or available for use in other locations. If you use website, and/or Services outside the United States of America, you are solely responsible for following applicable local laws.
If you send or transmit any communications, comments, questions, suggestions, or related materials to AVACRAFT, whether by letter, email, telephone, or otherwise (collectively, “Feedback”), suggesting or recommending changes to website, any Services, or any Materials, including, without limitation, new features or functionality relating thereto, all such Feedback is, and will be treated as non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and AVACRAFT is free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. You understand and agree that AVACRAFT is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution. To the extent the foregoing assignment of rights, title and interest in and to your Feedback is prohibited by applicable law, you hereby grant AVACRAFT and any other Licensee a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up, worldwide license (including the right to sublicense through multiple tiers) to fully use, practice and exploit those non-assignable rights, title and interest, including, but not limited to, the right to use, reproduce, adapt, publicly perform, publicly display, modify, prepare derivative works, publish, transmit and distribute your Feedback, or any portion thereof, in any form, medium or distribution method now known or hereafter existing, known or developed, for any purpose, and to develop, manufacture, have manufactured, license, market, and sell, directly or indirectly, products and services using such Feedback.
DISPUTE RESOLUTION AND ARBITRATION; CLASS ACTION WAIVER
You and AVACRAFT, agree that we will resolve any disputes between us through binding and final arbitration instead of through court proceedings. You and AVACRAFT hereby waive any right to a jury trial of any Claim. All controversies, claims, counterclaims, or other disputes arising between you and AVACRAFT relating to these Terms and Conditions or the website (each a “Claim”) shall be submitted for binding arbitration in accordance with the Rules of the American Arbitration Association (“AAA Rules”). The arbitration will be heard and determined by a single arbitrator. The arbitrator’s decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction. The parties agree that the arbitration will be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs or other documents submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration or by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies.
If you demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, AVACRAFT may pay as much of the administrative costs and arbitrator’s fees required for the arbitration as the arbitrator deems necessary to prevent the cost of the arbitration from being prohibitive. In the final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate.
This arbitration agreement does not preclude you or AVACRAFT from seeking action by federal, state, or local government agencies. You and AVACRAFT also have the right to bring qualifying claims in small claims court. In addition, you and AVACRAFT retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions, and any such request shall not be deemed incompatible with these Terms and Conditions, nor a waiver of the right to have disputes submitted to arbitration as provided in these Terms and Conditions.
Neither you nor AVACRAFT may act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any Claim. Claims may not be arbitrated on a class or representative basis. The arbitrator can decide only your and/or AVACRAFT’s individual Claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated.
If any provision of this Section is found to be invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder of this Section shall continue in full force and effect. No waiver of any provision of this Section of the Terms and Conditions will be effective or enforceable unless recorded in a writing signed by the party waiving such a right or requirement. Such a waiver shall not waive or affect any other portion of this Terms and Conditions. This Section of the Terms and Conditions will survive the termination of your relationship with AVACRAFT
THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR AVACRAFT WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.
AVACRAFT prefers to advise you if we feel you are not complying with these Terms and to recommend any necessary corrective action. However, certain violations of these Terms, as determined by AVACRAFT, may result in immediate termination of your access to the website without prior notice to you. The Federal Arbitration Act, Texas state law and applicable U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms. Foreign laws do not apply. The United Nations on Contracts for the International Sale of Goods and any laws based on the Uniform Computer Information Transactions Act (UCITA) shall not apply to this Agreement. Except for Disputes subject to arbitration as described above, any disputes relating to these Terms, the website or the Services will be heard in the courts located in Collin County in the State of Texas. If any of these Terms is found to be inconsistent with applicable law, then such term shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. AVACRAFT’s failure to enforce any of these Terms is not a waiver of such term. These Terms are the entire agreement between you and AVACRAFT and supersede all prior or contemporaneous negotiations, discussions or agreements between you and AVACRAFT about the Sites, and/or any Services. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.
CALIFORNIA CONSUMER NOTICE
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: The website, and Services are provided by AVACRAFT, 3905 Hedgcoxe Rd, Plano, TX 75025. If you have a question or complaint regarding the website, or Services, please contact us at firstname.lastname@example.org. You may also contact us by writing AVACRAFT, 3905 Hedgcoxe Rd, Plano, TX 75025, Attention: Customer Service. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by post at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.
If you have any questions about these Terms, you can reach us:
3905 Hedgcoxe Rd
Plano TX 75024
Last Updated: March 07, 2019
Effective Date: This policy is effective as of March 06, 2019.