LEGAL TERMS AND CONDITIONS OF USE
Welcome to the AVALISA.COM web site (the "Site"). By
using our Site, you agree to be bound by the following terms and
all applicable laws and regulations. In addition, you agree to
indemnify and defend us against any and all claims by third parties
arising out of your use of our Site in violation of these Terms
and Conditions of Use. If you do not agree to these Terms and
Conditions of Use, please do not use our Site.
You should assume that everything that you read or see on our
Site is copyrighted or otherwise protected and owned by us or
some third party who licensed to us the right to use such material.
Unless otherwise expressly noted, nothing that you read or see
on our Site may be copied or used except as provided in these
Terms and Conditions of Use or with our prior written approval.
We grant you permission to print individual pages from our Site,
unless otherwise expressly noted, for your own personal, non-commercial
use in learning about our services or products. No other permission
is granted to you to print, copy, reproduce, distribute, license,
transfer, sale, transmit, upload, download, store, display in
public, alter or modify these materials. This grant of permission
is not a transfer of title. We make no warranties or representations
to you that your use of any materials displayed on our Site will
not infringe the rights of other parties.
Restrictions on Use of Materials on Our Site
All material on our Site, including all files, images, text,
software, and data, are our property. These materials are licensed
to you for your personal, non-commercial use. You may download,
print, or view these materials on your personal computer, provided
you do not delete or change any of the information, including
copyright and trademark notices. You may not modify, reverse-engineer,
disassemble, redistribute, republish, upload, or re-use any of
the text, graphics, or other materials on our Site without our
prior written permission.
Third Party Web Sites
We may provide links and pointers to web sites maintained by
others. We have not reviewed the web sites linked to our Site
and are not responsible for the content of or any products or
services offered on such sites. We expressly disclaim any liability
related to such sites and their products and services.
If you submit any information to us, including any comments,
remarks, suggestions, ideas, notes, drawings, graphics, concepts,
or other information, you are giving that information, and all
your rights in it, to us free of charge, and that information
will be treated as non-confidential and non-proprietary and may
be used by us for any purpose, without your consent or any compensation
to you or anyone else. This is true whether you submit such information
to us by e-mail, through a form on our Site, on a bulletin board,
or in any other manner. We may from time to time monitor, review
and, in our sole discretion, modify or delete any postings you
make on our Site however, we are not obligated to do so.
Please do not submit or transmit any material that is unlawful,
threatening, libelous, defamatory, obscene, pornographic, profane,
or might in any other way violate any law. You are solely responsible
for any material you submit to us.
Through your use of our Site, you may submit and/or we may gather
certain limited information about you and your web site usage.
We are free to use such information for any purpose we deem appropriate
Disclaimer and Limitation of Liability
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF OUR
SITE. ALL MATERIAL ON OUR SITE IS PROVIDED “AS IS”
AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR
A PARTICULAR PURPOSE.
WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY,
COMPLETENESS, OR SUITABILITY OF ANY OF THE MATERIAL ON OUR SITE,
OR ON ANY SITE OR SITES "LINKED" TO THIS SITE. WE MAKE
NO WARRANTY THAT OUR SITE WILL BE AVAILABLE, UNINTERRUPTED, ERROR
FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
IN ANY CASE, OUR LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, INJURIES,
AND CLAIMS OF EVERY KIND (WHETHER IN CONTRACT, NEGLIGENCE, TORT
OR OTHERWISE) ARISING OUT OF OR IN CONNECTION WITH THE USE OF
ANY MERCHANDISE OFFERED ON THIS SITE WILL NOT BE GREATER THAN
THE AMOUNT YOU PAID FOR SUCH MERCHANDISE. FURTHER, WE WILL NOT
HAVE ANY LIABILITY TO YOU FOR ANY LOSSES, DAMAGES, INJURIES, AND
CLAIMS OF ANY KIND (WHETHER IN CONTRACT, NEGLIGENCE, TORT OR OTHERWISE)
ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR INABILITY
TO USE THE SITE, EVEN IF WE HAD BEEN ADVISED OF OR SHOULD HAVE
KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT
PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING,
BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE BE LIABLE FOR ANY INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR THE
INABILITY TO USE THIS SITE. IF YOU ARE DISSATISFIED WITH US, ANY
OF OUR SERVICES OR THESE TERMS AND CONDITIONS OF USE, YOUR SOLE
AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE.
United States Only
All materials on our Site are provided solely for the purpose
of promoting our services in the United States and its territories.
We make no representation that the materials on our Site are appropriate
or available for use in other locations. If despite these conditions,
you use our Site from outside the United States, you are solely
responsible for compliance with any applicable local laws.
Trademarks, Trade Names, and Service Marks
Unless otherwise indicated, all logos, names, package designs,
and marks on our Site are trademarks or service marks owned or
used under license by us. The use or misuse of any of these marks
or other information is strictly prohibited.
Risk of Loss
All merchandise purchased from our Site is made pursuant to a
shipment contract. The risk of loss and title for such merchandise
passes to you upon delivery to the carrier.
We have used our best efforts to display the color of our merchandise
that appears on the Site as accurately as possible. In light of
the fact that the color you see will depend upon your monitor,
we cannot guarantee that your monitor's display of any color is
Modification and Termination of This Agreement
We may modify these Terms and Conditions of Use at any time without
notice to you. We may terminate this agreement at any time, without
notice to you, if we believe, in our sole discretion, that you
have breached or may breach any term or condition of this agreement,
or we may terminate this agreement for our convenience. You may
terminate this agreement at any time by destroying all materials
received from our Site and ceasing to use our Site.
These Terms and Conditions of Use will be governed by and construed
under the laws of the State of Indiana without reference to its
conflict of law principles. You consent to jurisdiction in the
State of Indiana. Our failure to strictly enforce any right against
you shall not constitute a waiver thereof. If any provision of
these Terms and Conditions of Use is deemed invalid, illegal,
or unenforceable such provision will be deemed amended to conform
to the applicable laws and the remainder of the Terms and Conditions
of Use shall remain in full force and effect. This represents
the full understanding of the parties with respect to this subject
Any questions may be directed:
3701 Indigo Blue Blvd
Whitestown, IN 46075