Terms & Conditions
All design, text, graphics, logos, button icons, images, audio and video clips, the selection and arrangement thereof, and all software on the Sites is Copyright (c) 20013-2014 Aviva Hair, ALL RIGHTS RESERVED. The compilation (meaning the collection, arrangement and assembly) of all content on the Sites is the exclusive property of Aviva and protected by U.S. and international copyright laws. All software used on the Sites is the property of Aviva or its software suppliers and is protected by U.S. and international copyright laws. Permission is granted to electronically copy and to print in hard copy portions of the Sites for the sole purpose of placing an order with Aviva, using the Interactive Services or using the Sites as a shopping resource. Any other use of materials on the Sites–including reproduction for purposes other than those permitted above, modification, distribution, republishing, republishing on third party sites, transmission, display or performance–without the prior written permission of Aviva is strictly prohibited.
Avivahair.com and all page headers, custom graphics and button icons are service marks, trademarks, and trade dress of Aviva and may not be used in connection with any product or service that is not offered by Aviva in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Aviva. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.
Aviva Hair products displayed on the Sites may be available in select Aviva retail stores in the U.S. All prices displayed on the Sites are quoted in U.S. Dollars and are valid and effective only in the U.S. If any minor uses any goods or product from Aviva, it should be only after the legal or parental guardian has discussed the product with the minor’s doctor. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Aviva.
All material and information presented by Aviva is intended to be used for personal educational or informational purposes only. The statements made about products have not been evaluated by the U.S. Food and Drug Administration and the results reported, if any, may not necessarily occur in all individuals. The statements and products are not intended to diagnose, treat, cure or prevent any condition or disease. All products should be used strictly in accordance with their instructions, precautions and guidelines. You should always check the ingredients for products to avoid potential allergic reactions. Use of the Sites is not meant to serve as a substitute for professional medical advice: these Sites are solely online stores for specialty Hair products. Please consult with your own physician or health care practitioner regarding the use of any goods, products or information received from the Sites before using or relying on them. Your physician or health care practitioner should address any and all medical questions, concerns and decisions regarding the possible treatment of any medical condition. Aviva does not give or intend to give any answers to medical related questions and these Sites do not replace any medical professional or medical resource. Aviva does not represent itself as a physician nor is this implied. No prescription medications or medical treatments are intentionally provided on the Sites. IF YOU ARE IN NEED OF MEDICAL ATTENTION, CALL 911 OR YOUR PHYSICIAN IMMEDIATELY.
While Aviva has tried to accurately display the colors of products, the actual colors you see will depend on your monitor and may not be accurate.
PAYING BY CREDIT CARD
For your convenience, when you place your first order, we will save your credit or debit card information. You will have the option to use it for all future shipments and charges. We accept the following credit cards at this time: American Express, VISA, and MasterCard.
RESPONSIBILITY FOR YOUR CONTENT
You are solely responsible for all content that you upload, post, email or otherwise transmit via or to the Sites, through our Interactive Services or otherwise, including the submission of product ratings and reviews and all other data, profile information, documents, text, software, applications, music, sound, photographs, graphics, video, messages, ratings, forum postings, comments, questions, answers or other materials (collectively, “Content”). We will not accept Content from you unless you are a registered user of the Sites.
YOUR USE OF CONTENT ON THE SITES AND LIMITATION OF LIABILITY
Aviva provides the Sites and the Interactive Services and all other applications and services on the Sites as a forum only. Aviva is not liable for any statements, representations, or Content provided by its users in any public forum on the Sites or any Third Party Site, including without limitation through the Interactive Services. Any Content, if displayed, is displayed for entertainment and informational purposes only. More generally, Content posted via or on the Sites or any Third Party Site, including through the Interactive Services, is not controlled by Aviva. Aviva cannot guarantee the accuracy, integrity or quality of such Content. You understand that by using the Interactive Services, you may be exposed to Content that may be offensive, indecent or objectionable and Aviva shall not be liable for any such Content and that the risk of harm or damage from the foregoing rests entirely with you. Under no circumstances will Aviva be liable in any way for any Content, including, but not limited to, (i) any errors or omissions in any Content, or (ii) any loss or damage (including, without limitation, personal injury or property damage) of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via or to the Sites or through the Interactive Services.
You agree not to circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use of any Content or enforce limitations on use of the Site or the Content therein. You may not interfere with or disrupt the Sites, or servers or networks connected to the Sites, or disobey any requirements, procedures, policies or regulations of networks connected to the Sites, including by using any device, software or routine to bypass robot exclusion headers. Aviva reserves all rights not expressly granted in and to the Content. When using the Interactive Services, you may not disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges.
YOUR CONTENT SUBMISSIONS
By submitting Content to Avivahai.com, you represent and warrant that:
- – you understand you are participating in a public forum and that your Content will be available to all other users of the Sites, the Interactive Services and potentially Third Party Sites;
- – all “moral rights” that you may have in such Content have been voluntarily waived by you and you do not require that any personally identifying information be used in connection with the Content that you submit, or any derivative works of or upgrades or updates thereto; all Content that you post is accurate;
YOU ALSO REPRESENT AND WARRANT THAT ANY CONTENT YOU SUBMIT:
- – is not false, inaccurate or misleading;
- – does not harm minors;
- – does not infringe any copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy of any person or entity;
- – does not violate any obligations you may have with respect to such Content under any law or under contractual or fiduciary relationships (such as, but not limited to, inside information, proprietar and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- – does not violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
- – is not, or would not reasonably be considered to be, unlawful, harmful, defamatory, libelous, vulgar, obscene, invasive of another’s privacy, hateful, racially or religiously biased or offensive, abusive, tortious, threatening or harassing to any individual, partnership or corporation;
- – is not submitted for compensation or other consideration from any third party; does not include any information that references other websites, addresses, email addresses, contact information or phone numbers;
- – is not unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; and
- – does not contain any computer viruses, worms or other potentially damaging computer programs or files.
If your Content includes ideas, suggestions, documents or proposals to Aviva through the Interactive Services, (a) such Content is not confidential or proprietary and Aviva has no obligation of confidentiality, express or implied, with respect thereto; (b) Aviva may have something similar to that Content already under consideration or development; and (c) you are not entitled to compensation, payment or reimbursement of any kind for such Content from Aviva under any circumstances unless you are otherwise notified by Aviva in writing.
GUIDELINES FOR INTERACTIVE SERVICES
We want to know what you think of the products you’ve tried, bought, know and love and we encourage you to use our Interactive Services. When writing a review for the RR Service, posing a question on the Q&A Service or participating, please consider the following guidelines:
- – Focus on the product and your individual experience using it;
- – Provide details about why you like or dislike a product; and
You may not use our Interactive Services to impersonate any person or entity, including, without limitation, any Aviva official, forum leader, guide or host, or to falsely state or otherwise misrepresent your affiliation with a person or entity. You may not use the Interactive Services to collect or store personal data about other users.
THIRD PARTY CONTENT AND THIRD PARTY SITES
Aviva may provide content of third parties (“Third Party Content”) or links to Third Party Sites as a service to those interested in this information. Aviva does not monitor, approve or have any control over any Third Party Content or the Third Party Sites and the inclusion of links to Third Party Content or Third Party Sites does not imply any association or relationship between Aviva and such third party. Aviva does not guarantee, endorse or adopt the accuracy or completeness of any Third Party Content or any Third Party Site. Aviva is not responsible for updating or reviewing Third Party Content or Third Party Sites. You use Third Party Content and Third Party Sites at your own risk. Third Party Content, including comments from third party users submitted to Aviva through the Interactive Services, do not necessarily reflect the views of Aviva.
If you access the Sites via your mobile device (through an iPhone application, for example), we do not currently charge for this access. Please be aware that your carrier’s normal rates and fees, such as text messaging fees or data charges, will still apply.
MODIFICATION OF CONTENT
RESERVATION OF RIGHTS
AVIVA HAIR VIP: PLEASE READ THIS MEMBERSHIP AGREEMENT CAREFULLY
REGISTRATION AND MEMBERSHIP
NO PURCHASE COMMITMENT
REGISTERED USERSAs a Registered user of Aviva, you agree to receive emails promoting any special offer(s), including third party offers. We may from time to time send you our monthly newsletter. As a member of Aviva, you agree to receive emails, newsletters and other communications promoting any special offer(s), including third party offers. As an Aviva VIP member, we will notify you of your upcoming shipment by email. If you do not respond or change any information in My Account on Aviva.com, we will send you the exact products in your email notification. In the case where you are unsatisfied with the products you receive, please call: 1-800-782-1780 or email: firstname.lastname@example.org and we will take personal care of you. You may cancel your membership at any time.
BILLING AND PAYMENTS
PAYING BY CREDIT CARDFor your convenience, when you place your first order and become an official member, we will save your credit or debit card information and use it for all future shipments and charges which will automatically be charged to your saved card on the 27th of each month, unless you notify us. If your payment is unsuccessful on the 27th of the month, we will continue to attempt to process payment for your monthly box at our discretion. We accept the following credit cards at this time: American Express, VISA, and MasterCard. For your convenience and continuous membership benefits as a client, if your payment method reaches its expiration date and you do not edit your credit card information or cancel your account, you authorize us to continue billing that credit card on file including extending the expiration date until we are notified by you or the credit card company that the account is no longer valid. We encourage you to constantly update your payment method information or cancel your account should you wish to discontinue your membership with us.
SHIPPING, RETURNS AND EXCHANGESShipping, return and exchange of any merchandise ordered through the Site or in connection with your membership are subject to the Aviva Maven Shipping and Return Policies. Return address: Aviva Hair 597 Myrtle Avenue, Brooklyn, NY 11205 Replacement of products for shipped merchandise claimed as not received are subject to our investigation, which may include postal-service notification. We will adjust your account at our discretion. Repeated claims of undelivered merchandise may result in the cancellation your membership.
RISK OF LOSSThe risk of loss and title for items purchased by you pass to you upon Aviva ‘s delivery of the items to the carrier pursuant to the Aviva Maven Shipping Policy.
LOCAL TAXESAviva has fulfillment centers in both, New Yorl, therefore all orders shipped to the state of New York will be charged sales tax.
INTERNATIONAL ACCESSThis Site may be accessed from countries other than the United States. This Site may contain products or references to products that are not available outside of the United States. Any such references do not imply that such products will be made available outside the United States. If you access and use this Site outside the United States you are responsible for complying with your local laws and regulations.
MEMBERSHIP CANCELLATIONSWe will do everything to make your membership as satisfying as possible. However, you are free to cancel your membership any time by calling customer service at 1-800-782-1780 or email: email@example.com. You must cancel your membership by 11:59pm on the 24th of the month to avoid being charged on the 27th for the next month’s shipment. If you have any questions please email: firstname.lastname@example.org. We may terminate your membership, without notice, for conduct we believe violates this Agreement or our policies, is harmful to other Members or our business interests, or for an inactive account.
ADDITIONAL TERMSBy continuing your membership, you accept and agree to the terms of this Membership Agreement and any changes made by us to it once we notify you of these changes. If you do not wish to be bound by this Agreement, please see above for how to cancel your membership. Your edits or changes to either the online or offline versions of this Agreement or a membership offer will not be effective, regardless of form.
DISCLAIMERAviva IS PROVIDING THE SITES, THEIR CONTENTS AND THE INTERACTIVE SERVICES ON AN “AS-IS” BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE OPERATION OF THE SITES OR INTERACTIVE SERVICES, THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THE SITES OR AS PART OF THE INTERACTIVE SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, Aviva DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING FOR EXAMPLE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, Aviva DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE SITES OR THE INTERACTIVE SERVICES IS ACCURATE, COMPLETE OR CURRENT. Price and availability information is subject to change without notice. Aviva WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITES OR THE INTERACTIVE SERVICES. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES.
OUR ADDRESSAviva Hair 1181 Broadway. Floor 8, New York, NY 10001
DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA)If you believe your work or content has been copied and posted to the Sites in a way that constitutes copyright infringement, please provide Aviva’s designated copyright agent the following written information in accordance with the Digital Millennium Copyright Act (the “DMCA”):
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;>
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the Sites;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- Your name, address, telephone number and email address (if available); and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.