Terms of Service 1 — American Vapor Manufacturers

Terms of service

Effective October 06, 2020

AVM (“AVM,” “we,” or “us”) operates theavm.org and associated sites and mobile applications (collectively, “Theavm.org”). Please read these Terms of Use carefully. They govern your access to and use of Theavm.org, its content, and the services offered on or through it. These Terms of Use constitute a binding legal agreement between you and us.

YOUR ACCESS OR USE OF OUR WEBSITE MEANS THAT YOU HAVE READ AND YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU ACCESS OR USE OUR WEBSITE ON BEHALF OF AN ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND THAT ENTITY, AND THESE TERMS OF USE ARE THE AGREEMENT OF SUCH ENTITY. IN THAT EVENT, “YOU,” “YOUR,” “VISITOR,” AND “USER” REFER TO THAT ENTITY. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE OUR WEBSITE AND ITS CONTENT AND SERVICES.

Eligibility

We invite users and visitors to Theavm.org.

Users

Users are those of our customers registered to use Theavm.org. Users may, subject to these Terms of Use, (1) browse products on Theavm.org, (2) purchase products on Theavm.org, (3) contact Theavm.org, and (4) use other services which we may provide to theavm.org users. To be a user, you must be at least 18 years old and legally capable of entering into this contract by yourself. When creating your account, you will be asked to choose a user name and password and may have the option to use your Google or Facebook account or other supported social network. You must provide true, accurate and complete information. You may not let others use your account, or sell or otherwise transfer your account. You are responsible for maintaining the confidentiality of your password and for all activities that occur under your account. If you discover that the security of your account has been compromised, you must notify us as soon as possible by contacting us at info@theavm.org

Visitors

Visitors may, subject to these Terms of Use, access, browse, and make purchases on Theavm.org and use the other Theavm.org services provided to visitors.

You must be at least 18 years old to post reviews and/or comments on Theavm.org and provide your email address and potentially other personally identifiable information. If you are under 18, please do not write reviews/comments, or give us any information about yourself, including your name, address, or email address. If we discover that a minor under 18 has contributed content, and/or provided us with personally identifiable information, we will delete such information from our files.

Privacy

Our Privacy Policy describes how we collect, use, and disclose information we receive from users and visitors. By visiting or using Theavm.org, you agree to the practices described in them. If you have provided us with your contact information, we can use it to communicate with you. You may unsubscribe from marketing and research communications by following the directions in such communications.

Content

Theavm.org may contain both AVM content and user content. The content on Theavm.org and any authorized clients are licensed, not sold. Such content is protected by copyright laws and, if applicable, by international treaties.

AVM Content

AVM content is the content posted or procured by us on Theavm.org; it may include content submitted by other Theavm.org users. We reserve the right to update or remove any AVM content published on Theavm.org. We are under no obligation to keep AVM content up to date. Subject to your compliance with these Terms of Use, we authorize you to:

View the AVM content on Theavm.org;
Create and modify your AVM account information. As the user, you have the right to view and/or edit your name, phone number, addresses, email address, payment information, and other personal information, purchase history, communications with AVM employees.
Submit reviews on Theavm.org, subject to our TERMS AND CONDITIONS section regarding user content.

You may never do any of the things allowed by this license if your actions, as determined by us: (1) are otherwise unlawful or in violation of any court or administrative order; (2) are harmful to anyone else; or (3) suggest we promote or endorse your, or any third party’s, causes, ideas, websites, products, or services.

The AVM content and any authorized copies are the intellectual property of AVM and its licensors. The AVM content and all of its copies are licensed, not sold. The AVM content is protected by applicable law, including United States and foreign copyright laws and international treaties.

User Content

User content includes text, graphics, and other material and information (such as your account information, reviews, questions, and comments) that you upload or post to our site. All listed account details are managed by the user. Users have the ability to edit and modify all account information. Users cannot edit or modify the details listed on each other’s accounts. All of the content stored within each user’s profile is not publicly available, nor is it searchable by third-party search engines such as Google. By uploading or posting any user content, you give us the right and license to store, reproduce, modify, create derivative works of, publish, distribute, transfer, transmit, publicly display, publicly perform, and use your user content in connection with providing our services.

We expect our users and visitors to act responsibly, respectfully, and lawfully on Theavm.org. You agree not to post content on Theavm.org that: (1) is unlawful, obscene, pornographic, violent, defamatory, fraudulent, harassing, or harmful to others; (2) violates the rights, including intellectual property rights, or the privacy of any other person; (3) incites or furthers criminal or unlawful acts; (4) constitutes hate speech or a personal attack; (5) contains viruses or other features that can harm Theavm.org or other property; (6) impersonates or defames another person; or (7) which may otherwise expose us or our users or visitors to liability. We reserve the right to review any user content and determine, in our discretion, whether it violates these Terms of Use. However, we assume no obligation to do so and have no responsibility for user content on Theavm.org. To report user content, you may contact us at info@theavm.org

We reserve the right to refuse to post or to remove or delete any user content on Theavm.org, at our discretion and with or without notice. When you delete content from your AVM account, or request content to be deleted from AVM, we will remove it from your account view and other public areas on Theavm.org as soon as possible, and in any event within 48 hours unless there are unforeseen circumstances. Residual data may remain on our servers for up to 90 days. After such period, we may retain copies only if there is a pending legal issue with such content or if we are otherwise required by law, regulation, or legal process.

You represent and warrant that: (1) you own the content that you post on Theavm.org or otherwise have the right to post it on Theavm.org and grant the above licenses with respect to such content; (2) your posting of any content on Theavm.org does not violate any law, regulation, court or administrative order, or the rights of any third party; and (3) your posting of any content on Theavm.org does not breach any contract between you and a third party.

Conduct

You may only use Theavm.org in compliance with these Terms of Use and applicable laws and regulations. Conduct that is harmful to us or others or that disrupts Theavm.org or its use by others is prohibited. Below we include several examples of prohibited conduct on Theavm.org:

Accessing, tampering with, or using other users’ accounts or any non-public areas of Theavm.org, AVM’s computer systems, or the content delivery systems of AVM’s providers;
Unauthorized monitoring of data or traffic on Theavm.org, AVM’s computer systems, or the content delivery systems of AVM’s providers;
Probing, scanning, or testing the vulnerability of any AVM system or network, or breaching any security or authentication measures;
Circumventing any technological measure that protects Theavm.org;
Removing any AVM digital or software identifying tags, whether embedded or otherwise or whether visible or hidden;
Attempting to access or search Theavm.org, or downloading content from Theavm.org through any means other than generally available third party web browsers (for example, Microsoft Internet Explorer, Mozilla Firefox, or Safari) or public search engines (for example, Google);
Sending or posting any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters, or other form of solicitation;
Using any meta tags or other hidden text or metadata utilizing a AVM trademark, logo, URL, or product name without our prior consent;
Forging any TCP/IP packet header or any part of the header information in any email, or in any way using Theavm.org or AVM’s systems to send altered, deceptive, or false source-identifying information;
Attempting to decipher, decompile, disassemble, or reverse engineer (except as permitted by law) any of the software used to provide Theavm.org and its content and services;
Interfering with the access of any user, host, or network, including, without limitation, sending a virus, or overloading, flooding, spamming, mail-bombing, or otherwise attacking Theavm.org;
Collecting, using or storing any personally identifiable information from Theavm.org users or visitors without their express informed consent;
Impersonating or misrepresenting your affiliation with others;
Encouraging or enabling others to do any of the foregoing.

You acknowledge that we have the right to monitor your access to and use of Theavm.org to ensure your compliance with these Terms of Use, or to comply with applicable law or the order or requirement of a court, administrative agency, or other governmental body. However, we do not undertake to do so or to enforce violations by others of these Terms of Use with respect to your content or otherwise, and, to the maximum extent permitted by law, we will not have any liability to you for our failure to prevent, cease, or remedy such violations.

Intellectual Property Policy

We respect the intellectual property rights of others and expect you to do the same. If you believe that a third party infringes your copyright or other intellectual property rights on Theavm.org, please contact us at info@theavm.org and provide us with a notice containing the following:

A physical or electronic signature of the owner of the infringed right or of another person authorized to act on the owner’s behalf;
Identification of the copyrighted work or other intellectual property that you believe has been infringed; if multiple copyrighted works are covered by a single notice, a representative list of such works;
A description of where the allegedly infringing material is located on Theavm.org;
Your address, telephone number, and email address;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
A statement by you that the information in the notice 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.

Links

Theavm.org may contain links to third-party websites or resources. We are not responsible or liable for the availability or accuracy of such websites or resources or for their content, privacy policies, or services. Links to such websites or resources do not imply any endorsement by us.

You may include links from your website to Theavm.org, so long as you (1) do not portray AVM and our products and services in a false, misleading, or derogatory way and (2) do not suggest that we promote or endorse your, or any third party’s, causes, ideas, web sites, or services.

Contributions

Theavm.org, our social media pages, and our email addresses may allow you to post or submit feedback, ideas, reviews, comments, and suggestions for us (collectively, “contributions”). Your submission of contributions to us is voluntary; your contributions are subject to the following terms: (1) you warrant that your contributions do not violate any confidentiality obligations that you may have to third parties and that they do not contain proprietary rights of third parties; (2) your contributions become the property of AVM, and by posting them on Theavm.org you assign to AVM all your rights in and to them and waive any “moral rights” with respect to them; (3) AVM is free to disclose and use (or refuse to disclose or use) any contributions at its sole discretion; and (4) you are not entitled to any compensation or reimbursement of any kind under any circumstances. If you do not agree to these terms, please do not submit any contributions to us.

Modification

We reserve the right, at our discretion, to modify Theavm.org and any services provided on it or to modify these Terms of Use, at any time and without prior notice. We will notify you of any material changes to these Terms of Use by posting the new Terms of Use on our website. By continuing to access or use Theavm.org after we have posted a modification, you are indicating that you agree to be bound by the modified Terms of Use. If the modified Terms of Use are not acceptable to you, your only recourse is to cease visiting and using Theavm.org.

Termination

We may suspend or terminate your account or access to Theavm.org, or terminate or discontinue all or any part of Theavm.org, the products and/or services offered on it, or these Terms of Use, at our discretion, at any time, and without prior notice. Without limiting the foregoing, we reserve the right to terminate any account that has been inactive for a significant period of time, or is in violation of our Terms of Use as determined at our discretion. You may terminate your account or stop using or visiting Theavm.org at any time. We will not be liable to you or any third party for termination of Theavm.org or termination of your use of it. Suspension or termination will not affect those of your obligations under the Terms of Use, which, by their sense and context, are intended to survive such suspension or termination.

Indemnification

You agree to indemnify and hold AVM, its affiliates, and their respective officers, directors, employees, agents, licensors and service providers harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of content you post on Theavm.org, your violation of these Terms of Use or any law or regulation, or your violation of any rights of another.

Disclaimer

THE CONSUMER LAWS OF SOME COUNTRIES PROHIBIT THE EXCLUSION AND/OR LIMITATION OF WARRANTIES AND LIABILITY. THIS SECTION IS NOT INTENDED TO LIMIT YOUR CONSUMER RIGHTS UNDER THESE LAWS AND, WHERE PROHIBITED, IT WILL NOT APPLY TO YOU. FOR A FULL UNDERSTANDING OF YOUR RIGHTS, YOU SHOULD CONSULT THE LAWS OF YOUR COUNTRY.

TO THE FULLEST EXTENT PERMITTED BY LAW, THEAVM.ORG, ITS CONTENT AND THE SERVICES OFFERED ON OR THROUGH IT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY, CONDITION, GUARANTEES, REPRESENTATIONS OR UNDERTAKINGS OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE EXPLICITLY DISCLAIM ANY TERMS, WARRANTIES, CONDITIONS, GUARANTEES, REPRESENTATIONS OR UNDERTAKINGS OF MERCHANTABILITY, ACCEPTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, UNINTERRUPTED, ERROR FREE OR CONTINUOUS ACCESS AND SERVICE, OR NON-INFRINGEMENT, AND ANY TERMS, WARRANTIES, GUARANTEES, REPRESENTATIONS OR UNDERTAKINGS ARISING OUT OF OR IN THE COURSE OF DEALING OR USAGE OF TRADE. ANY CONTENT ON OR OBTAINED THROUGH THEAVM.ORG IS ACCESSED AT YOUR OWN DISCRETION AND RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM US OR THROUGH OUR WEBSITE OR AVM CONTENT, WILL CREATE ANY TERM, WARRANTY, CONDITION, GUARANTEE, REPRESENTATION OR UNDERTAKING. SOME JURISDICTIONS DO NOT ALLOW DISCLAIMERS OF IMPLIED WARRANTIES, SO TO THAT EXTENT, THIS DISCLAIMER OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.

Limitations of Liability

TO THE FULLEST EXTENT PEMITTED BY LAW, AVM, ITS AFFILIATES, AND THEIR RESPECTIVE SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY (1) PERSONAL INJURY; (2) SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (OR FOR ANY LOSS OF: USE, DATA, BUSINESS, OR PROFITS OR ANY OTHER PECUNIARY LOSS); OR (3) COST OF PROCURING SUBSTITUTE SERVICES, IN EACH CASE ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE OR RELIANCE UPON THEAVM.ORG, THE AVM SERVICES, CONTENT, MATERIALS OR INFORMATION DIRECTLY OR INDIRECTLY PURCHASED FROM OR PROVIDED BY AVM, WHETHER SUCH LIABILITY ARISES UNDER ANY INDEMNITY, WARRANTY, GUARANTEE OR FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE. THESE LIMITATIONS WILL APPLY EVEN IF AVM HAS BEEN ADVISED OF, OR SHOULD HAVE KNOWN OF, THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL AVM’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES OF PERSONAL INJURY) EXCEED THE GREATER OF (1) THE AMOUNT YOU PAID TO AVM FOR THE SERVICE GIVING RISE TO THE DAMAGES, OR (2) US $25. THE LIMITATIONS IN THIS PARAGRAPH ARE A PART OF THE BARGAIN BETWEEN THE PARTIES AND APPLY EVEN IF THE LIMITED REMEDIES PROVIDED HEREIN FAIL OF THEIR ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN LIABILITIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Proprietary Rights Notices

AVM, the AVM logo, the look and feel of Theavm.org, and all trademarks, service marks, logos, trade names, slogans, and any other proprietary designations of AVM and its services used on Theavm.org are trademarks of AVM. All other marks are the property of their respective owners.

Controlling Law and Jurisdiction

These Terms of Use and any related action will be governed by the laws of the State of Arizona, United States, without regard to conflict of law provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms of Use will be the state and federal courts located in Yavapai County, Arizona, United States, and we and you waive any objection to this jurisdiction and venue.

Entire Agreement

From time to time, we may implement additional terms and conditions applicable to specific areas or services of Theavm.org or to particular content or transactions. These Terms of Use, the other documents referenced in these Terms of Use and such additional terms and conditions constitute the entire agreement between us and you regarding Theavm.org and its content and services. They supersede and replace all prior agreements between you and us regarding the same subject matter.

Assignment

You may not assign or transfer these Terms of Use, by operation of law or otherwise, without our prior written consent. Any attempt to assign or transfer without our consent will be null and of no effect. We may freely assign this agreement.

Notices

You consent to the use of electronic means to complete these Terms of Use and electronic records to store information related to these Terms of Use or your use of Theavm.org. Except as otherwise stated in these Terms of Use, any notices pursuant to these Terms of Use will be in writing and given: (1) by us via email (in each case to the address that you provide) or by posting on Theavm.org, or (2) by you to info@theavm.org.

General

Our failure to enforce any right will not constitute a waiver of future enforcement of that right. The waiver of any such right will be effective only if in writing and signed by our duly authorized representative. Except as expressly stated in these Terms of Use, the exercise by either party of any of its remedies under these Terms of Use will be without prejudice to its other remedies under these Terms of Use or otherwise. If a court of competent jurisdiction finds any provision of these Terms of Use invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms of Use will remain in full force and effect. The parties have agreed that these Terms of Use and all documents relating thereto will be drawn up in English.

Contacting Us

If you have any questions about these Terms of Use, please contact us at info@theavm.org.