Terms and Conditions
Welcome to Avazera. By using Avazera.com (including Avazera.ca and its related sites, services, applications and tools collectively “services”), you agree to the following terms and the general principles for the sites of our subsidiaries and international affiliates.
This Agreement is effective upon acceptance. When you register an Avazera account, you accept this User Agreement by checking the appropriate box confirming that you read and accept the User Agreement and clicking the Register button when registering an Avazera account; accessing or using Avazera’s sites, services, applications, and tools; or as otherwise indicated on a specific site, service, application, or tool. For users who do not register an Avazera account, the User Agreement is effective through their access to or use of our services. Please see the General Section of this User Agreement regarding how we may implement amendments to this Agreement from time to time.
Username and Password
Your Avazera account may be accessed only by use of your Username and password. You are solely responsible and liable for any use and misuse of your Username and password and for all activities that occur under your Username and password. For security reasons, you must keep your Username and password confidential and not disclose them to any person or permit any other person to use them. We recommend that you choose a password that is unique to you and not easily guessed by others. You should change your password on a regular basis, and you must log out at the end of each session.
Accuracy of Information
We rely on the information you provide through this website, including registration information (name and email address), payment information (credit card numbers and expiration dates), and transaction-related information, which must be true, accurate, current and complete. You are required to update your registration information and payment information immediately, if applicable, and will be solely responsible and liable for any and all loss, damage, and additional costs that you, we or any other person may incur as a result of your submission of any false, incorrect or incomplete information. You acknowledge that you will keep your name and address current and accurate in the Account section of the Avazera site.
In connection with using or accessing Avazera sites, services, applications and tools, you will not:
- Post content or items in inappropriate categories or areas on our sites and services;
- Violate any laws, third party rights or our stated policies;
- Use our sites, services, applications or tools if you are not able to form legally binding contracts or are temporarily or indefinitely suspended from using our sites, services, applications, or tools;
- Avoid any Avazera policy or determinations about your account status such as temporary or indefinite suspensions or other account holds, limitations or restrictions;
- Distribute viruses or any other technologies that may harm Avazera, or the interests or property of Avazera users;
- Export or re-export any Avazera applications or tools except in compliance with the export control laws of any relevant jurisdictions and in accordance with posted rules and restrictions;
- Reproduce, perform, display, distribute, reverse engineer, or prepare derivative works from content that belongs to or is licensed to Avazera, or that comes from the services and belongs to another Avazera user or to a third party including works covered by any copyright, trademark, patent, or other intellectual property right, except with prior express permission of Avazera and/or any other party holding the right to license such use;
- Harvest or otherwise collect information about users, including email addresses, without their consent;
- Circumvent any technical measures we use to provide our services.
If we believe or discover that you are abusing Avazera in any of the ways mentioned above or otherwise, we may, in our sole discretion, take any steps to prevent and mitigate such abuse, such as limiting, suspending, or terminating your user account(s) and access to our services, delaying or removing hosted content, removing any special status associated with your account(s), reducing or eliminating any discounts, and taking technical and legal steps to prevent you from using our services.
We may cancel unconfirmed accounts or accounts that have been inactive for a long time, or to modify or discontinue the Avazera sites, or services. Additionally, we reserve the right to refuse or terminate our services to anyone for any reason at our discretion.
Avazera and its community of users (the “Community”) work together to keep our sites, services, applications and tools working properly and the Community safe. Please report problems, offensive content, and policy violations to us.
Avazera Money Back Guarantee
Avazera has a 30-Day Money Back Guarantee.
If you are not 100% satisfied with any products you have a full 30 Days to return in its original condition. (Shipping and handling fees are not included and are your responsibility).
We may suspend the Avazera money back guarantee in whole or in part without notice if we suspect abuse or interference with the proper working of the policy.
Fees and Services
Joining Avazera is free and subject to this User Agreement and the Purchase Conditions set out below.
Unless otherwise stated, all fees are quoted in USD Dollars.
Authorization to Call or Text You; Recording Calls
- To contact you for marketing, promotional, or other reasons that you have either previously consented to or that you may be asked to consent to in the future; we will do so only at the telephone numbers that you have provided to us. If you do not wish to receive such communications, you can opt-out in the communications preference section of your Avazera Account.
We may share your telephone numbers with our service providers (such as billing or collections companies) who we have contracted with to assist us in pursuing our rights or performing our obligations under the User Agreement, our policies, or any other agreement we may have with you. These service providers may also contact you using autodialed or prerecorded messages calls and/or SMS or other text messages, only as authorized by us to carry out the purposes we have identified above, and not for their own purposes.
You understand and agree that Avazera may, in its discretion, monitor or record telephone conversations you have with Avazera or its agents for quality control and training purposes, for its own protection or as may be required by law. You acknowledge and understand that, while your communications with Avazera may be overheard, monitored, or recorded, not all telephone lines or calls may be recorded by Avazera.
Disclaimer of Warranties; Limitation of Liability
We try to keep Avazera and its sites, services, applications, and tools safe, secure, and functioning properly. You acknowledge that we cannot guarantee the continuous operation of or access to our sites, services, applications or tools. You further acknowledge that operation of and access to our sites, services, applications or tools may be interfered with as a result of technical issues or numerous factors outside of our control.
In addition, to the extent permitted by applicable law, we (including our parents, subsidiaries, and affiliates, and our and their officers, directors, agents and employees) are not liable, and you agree not to hold us responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from:
- Your use of or your inability to use our sites, services, applications and tools;
- Delays or disruptions in our sites, services, applications or tools;
- Viruses or other malicious software obtained by accessing our sites, services, applications or tools or any site, services, applications or tools linked to our sites, services, applications or tools;
- Glitches, bugs, errors, or inaccuracies of any kind in our sites, services, applications and tools or in the information and graphics obtained from them;
- Damage to your hardware device(s) or loss of data that results from the use of our sites, services, applications and tools;
- The content, actions, or inactions of third parties, including items listed using our sites, services, applications or tools, feedback provided by third parties, or the destruction of allegedly fake items;
- A suspension or other action taken with respect to your account;
- Your need to modify practices, content, or behaviour or your loss of or inability to do business, as a result of changes to this User Agreement or our policies; Avazera reserves the right to modify its policies and this User Agreement at any time consistent with the provisions outlined herein;
Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.
Access and Interference
Avazera’s sites contain robot exclusion headers. Much of the information and content on the sites is also proprietary or is licensed to Avazera by our users or third parties and protected by Canadian and international copyright laws. You agree that you will not use any robot, spider, scraper, or other automated means to access our sites for any purpose without our express written permission.
Additionally, you agree that you will not:
- Take any action that imposes or may impose (to be determined in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
- Copy, reproduce, reverse engineer, modify, create derivative works from, distribute, sell, transfer, or publicly display any content (except for your content) from our sites, services, applications or tools without the prior express written permission of Avazera and the appropriate third party, as applicable;
- Interfere or attempt to interfere with the proper working of our sites, services, applications or tools, or any activities conducted on or with our sites, services, applications or tools; or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to our sites.
You will indemnify and hold Avazera (and our affiliates and subsidiaries, and our and their respective officers, directors, employees, and agents) harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this User Agreement, your use of Avazera’s sites, services, applications, or tools, and/or your violation of any law or the rights of a third party.
No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by this User Agreement.
Except as explicitly stated otherwise, legal notices shall be served on Avazera’s national registered agent. You consent to receive communication from us electronically. We may communicate with you by email to the email address you have designated on your username. Notice to you shall be deemed given 24 hours after the email is sent. Alternatively, we may give you legal notice by mail to the registration address associated with your account, as identified in your Avazera account. In such case, notice shall be deemed given three days after the date of mailing.
Resolution of Disputes
You agree to abide by all policies posted on our sites which provide additional terms and conditions related to specific services offered on our sites, including, but not limited to the policies listed below:
These policies may be changed from time to time. Changes may be made to these policies in accordance with the terms set out in the General section below. When using particular Avazera services, applications or tools, you are subject to any posted policies or rules applicable to services, applications or tools you use,
Independent Affiliates / Ambassadors
The Affiliate/Ambassador is NOT an employee, partner, distributor or agent of Avazera for any purpose. The Affiliate/Ambassador is and will remain an independent Affiliate/Ambassador in his or her relationship to Avazera. The Affiliate/Ambassador shall not act, or attempt to act, or represent himself or herself, directly or indirectly, as an agent, employee or representative of Avazera or in any manner assume or create, or attempt to assume or create, any obligation on behalf of Avazera. The Affiliate/Ambassador must disclose his or her relationship to Avazera as an Independent Affiliate/Ambassador in any and all dealings with the public.
Statements on our website have not been evaluated by the Food and Drug Administrator. Consumers are advised to do their own research. Information presented is for educational purposes only. Products and information on this site are not intended to diagnose, treat, cure, or prevent any disease.
When you register for a subscription, you expressly acknowledge and agree that (A) Avazera (or our third-party processor) is authorized to charge you on a monthly, 3-month, or annual basis for your subscription (in addition to any applicable taxes and other charges) for as long as your subscription continues, (B) the amount you are charged each cycle may vary depending on the preferences you select, and (C) your subscription is continuous until you cancel it or we suspend or stop providing access to the sites and/or products in accordance with these terms.
You may cancel your subscription at any time by logging into your account and clicking “cancel” on your account page or by contacting firstname.lastname@example.org. Any order identified as “order processed” or “shipped” on your upcoming page (delivery status), has been processed and cannot be cancelled. You will be responsible for all charges (including any applicable taxes and other charges) incurred with respect to any order processed prior to the cancellation of your subscription.
In the event you cancel your Subscription, please note that we may still send you promotional communications about Avazera, unless you opt out of receiving those communications by following the unsubscribe instructions provided therein.
Payment and Billing Information
By providing a credit card or other payment method that we accept, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third-party payment processor) to charge your payment method for the total amount of your subscription or other purchase (including any applicable taxes and other charges) (collectively, as applicable, an “Order”). If the payment method cannot be verified, is invalid or is otherwise not acceptable, your Order may be suspended or cancelled. You must resolve any payment method problems before we proceed with your Order. If you want to change or update your payment method information, you can do so at any time by logging into your account. If a payment is not successfully settled and you do not edit your payment method information or cancel your Subscription, or account, you remain responsible for any uncollected amounts and authorize us to continue billing the payment method, as it may be updated.
You acknowledge that the amount billed may vary due to promotional offers, preferences you select, changes you make to your account or changes in applicable taxes or other charges, and you authorize us (or our third party-payment processor) to charge your payment method for the corresponding amount.
Accuracy of Billing and Account Information
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
User Comments, Feedback, and Other Submissions
If, at our request, you send certain specific submissions (for example contest entries, comments, reviews, survey responses) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Site, Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
Errors, Inaccuracies and Ommisions
Occasionally there may be information on our Site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Site, Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Site, Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Site, Service or on any related website, should be taken to indicate that all information in the Site, Service or on any related website has been modified or updated.
Unless you notify Avazera before the end of the applicable subscription period that you want to pause or cancel a subscription, your subscription will automatically renew and you authorize us to collect the then-appicable monthly, 3-month, or annual subscription fee for such subscription (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Upgrades can be cancelled at any time by submitting your request to Avazera in writing.