Terms of Use

Welcome to the Ava James NYC, LLC (“Ava James NYC”) website at www.avajamesnyc.com and the www. avajamesnyc.com mobile application (collectively, the “Ava James NYC Services”).  These Terms of Use (this “Agreement”) apply to those who visit and use the Ava James NYC Services. When you use any of our services, you are subject to the policies, terms, and conditions applicable to that service. We reserve the right to change any of the information on www.avajamesnyc.com and these terms and conditions at any time. By accessing or otherwise using the Ava James NYC Services, you are indicating your agreement to this Agreement.

Before viewing, browsing, or otherwise using the Ava James NYC Services, please read this Agreement carefully. By viewing, browsing, or otherwise using the Ava James NYC Services, you acknowledge that you have read, understood, and agree to be bound by this Agreement. If you do not agree to all the terms and conditions of this Agreement, then please do not view, browse, or otherwise use the Ava James NYC Services. 

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

Use of Ava James NYC Services

By using the Ava James NYC Services, you represent and warrant that you are at least the age of majority in your state or province of residence, or are visiting www.avajamesnyc.com with the permission and supervision of a parent or guardian. Subject to this Agreement, Ava James NYC hereby grants you a limited, revocable, non-exclusive license to access and use the www.avajamesnyc.com website on your computer or mobile device. Except as permitted in this paragraph, you may not reproduce, modify, display or otherwise make commercial use of any content from the Ava James NYC Services unless expressly permitted by Ava James NYC. Ava James NYC reserves the right to refuse service to any individual at its sole discretion and without limitation if it believes that a user’s conduct violates applicable laws or is otherwise harmful to the Ava James NYC Services.

Modification

We reserve the right, at our discretion, to change, modify, add, or remove portions of this Agreement at any time.  It is your responsibility to check this page periodically for changes. Your continued use of or access to the Ava James NYC Services following the posting of any changes constitutes acceptance of those changes.

Privacy Policy

Ava James NYC’s Privacy Policy hereby incorporated into this Agreement.  Please read this notice carefully for details relating to the collection, use, and disclosure of your personal information. Your submission of personal information through the store is governed by our Privacy Policy.

Intellectual Property Rights – Copyright and Trademarks

All graphics, images and content on the Ava James NYC Services belong exclusively to Ava James NYC. The use of any Ava James NYC trademarks or service marks without Ava James NYC’s express written consent is strictly prohibited. You may not use Ava James NYC’s trademarks or service marks in connection with any product or service that is in any way likely to cause confusion or to disparage or discredit Ava James NYC. In addition, you may not use any of Ava James NYC’s trademarks or service marks in meta tags without Ava James NYC’s explicit prior consent. The compilation of all content included in or made available through any Ava James NYC Service is the exclusive property of Ava James NYC and protected by U.S. and international copyright laws. 

Ava James NYC, avajamesnyc.com, and other Ava James NYC graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Ava James NYC Service are trademarks or trade dress of Ava James NYC, LLC in the U.S. and other countries. Ava James NYC’s trademarks and trade dress may not be used in connection with any product or service that is not Ava James NYC’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Ava James NYC. All other trademarks not owned by Ava James NYC that appear in any Ava James NYC Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Ava James NYC.

Copyright Complaints

Ava James NYC deeply respects the intellectual property of others. Please contact info@avajamesnyc.com if you believe that any content on the Ava James NYC Services constitutes an infringement of your copyrights.

User Reviews, Photos & Comments

Visitors may post reviews, comments, photos, videos, and other content; send communications and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of content. Ava James NYC reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

If you do post content or submit material whether on the avajamesnyc.com website, through a mobile application, blog or via any form of social media (including by submitting an image to your social media using #avajamesnyc or other Ava James NYC branded hashtag), and unless we indicate otherwise, you grant Ava James NYC a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Ava James NYC the right to use the name that you submit in connection with such content. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this Agreement and will not cause injury to any person or entity; and that you will indemnify Ava James NYC for all claims resulting from content you supply. Ava James NYC has the right but not the obligation to monitor and edit or remove any activity or content. Ava James NYC takes no responsibility and assumes no liability for any content posted by you or any third party. 

Electronic Communications

When you use any Ava James NYC Service, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other Ava James NYC Services, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. 

License and Site Access

Subject to your compliance with this Agreement, Ava James NYC grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Ava James NYC Services. This license does not include any resale or commercial use of any Ava James NYC Service or its contents; any collection and use of any product listings, images, descriptions, or prices; any derivative use of any Ava James NYC Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in this Agreement are reserved and retained by Ava James NYC or its licensors, suppliers, rightsholders, or other content providers. No Ava James NYC Service, nor any part of any Ava James NYC Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Ava James NYC. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Ava James NYC without express written consent. You may not use any meta tags or any other “hidden text” utilizing Ava James NYC’s name or trademarks without the express written consent of Ava James NYC. You may not misuse the Ava James NYC Services. You may use the Ava James NYC Services only as permitted by law. The licenses granted by Ava James NYC terminate if you do not comply with this Agreement.

Your Account

If you use any Ava James NYC Service, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under the age of majority in your state or province of residence, you may use the Ava James NYC Services only with involvement of a parent or guardian. Ava James NYC reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

Risk of Loss

All items purchased from Ava James NYC are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

Returns, Refunds and Title

Ava James NYC does not take title to returned items until the item arrives at our returns center. At our discretion, a refund may be issued without requiring a return. In this situation, Ava James NYC does not take title to the refunded item. For more information about our returns and refunds, please visit here.

Product Descriptions and Errors

Ava James NYC attempts to be as accurate as possible. However, Ava James NYC does not warrant that product descriptions or other content of any Ava James NYC Service is accurate, complete, reliable, current, or error-free. If a product offered by Ava James NYC itself is not as described, your sole remedy is to return it in unused condition. We have made every effort to display as accurately as possible the colors and images of our products. We cannot guarantee that your computer monitor's display of any color will be accurate. Occasionally there may be information on the Ava James NYC Services 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 Ava James NYC Services 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 Ava James NYC Services or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Ava James NYC Services or on any related website, should be taken to indicate that all information in the Ava James NYC Services or on any related website has been modified or updated.

We reserve the right, but are not obligated, to limit the sales of our products or the Ava James NYC Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Ava James NYC Services will be corrected.

Pricing
With respect to items sold on the Ava James NYC Services, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If an item’s correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. We generally do not charge your credit card until after your order has entered the shipping process. 

Billing

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.

Outside Links and Other Businesses

This site may contain links to other sites on the Internet that are owned and operated by third-parties or other businesses. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not responsible for examining or evaluating, and we do not warrant the offerings of any of these businesses or individuals or the content of their websites. Ava James NYC does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

Prohibited Uses

In addition to other prohibitions as set forth in this Agreement, you are prohibited from using the Ava James NYC Services or their content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Ava James NYC Services or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Ava James NYC Services or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Ava James NYC Services or any related website for violating any of the prohibited uses.

Disclaimer of Warranties and Limitation of Liability

THE AVA JAMES NYC SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE AVA JAMES NYC SERVICES ARE PROVIDED BY AVA JAMES NYC ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. AVA JAMES NYC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE AVA JAMES NYC SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE AVA JAMES NYC SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE AVA JAMES NYC SERVICES IS AT YOUR SOLE RISK. 

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, AVA JAMES NYC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. AVA JAMES NYC DOES NOT WARRANT THAT THE AVA JAMES NYC SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE AVA JAMES NYC SERVICES OR ELECTRONIC COMMUNICATIONS SENT FROM OR ON BEHALF OF AVA JAMES NYC ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, AVA JAMES NYC WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY AVA JAMES NYC SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY AVA JAMES NYC SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. 

Indemnification

You agree to indemnify and hold Ava James NYC and its suppliers and partners, harmless from any claims, losses, damages, liabilities, including attorney’s fees, arising out of your use or misuse of Ava James NYC Services, violation of this Agreement, violation of the rights of any other person or entity, or any breach of the foregoing representations, warranties, and covenants.  Ava James NYC reserves the right, at our own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims.

Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law.

Jurisdiction

You agree that any action at law or in equity arising out of or relating to this Agreement or the Ava James NYC Services shall be filed only in the state or federal courts in and for New York County, New York and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. 

Waiver

A provision of this Agreement may be waived only by a written instrument executed by the party entitled to the benefit of such provision.  The failure of any party at any time to require performance of any provision of this Agreement shall in no manner affect such party’s right at a later time to enforce the same.  A waiver of any breach of any provision of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions of this Agreement.

Severability

If any of the provisions in this Agreement are deemed invalid or otherwise unenforceable, that condition shall be deemed several and shall not affect the enforceability of the remaining provisions.

Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

This Agreement is effective unless and until terminated by either you or us. You may terminate this Agreement at any time by notifying us and by ceasing to use the Ava James NYC Services.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of this Agreement, we may terminate this Agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination and/or we may deny you access to the Ava James NYC Services (or any part thereof).

Entire Agreement

This is the entire agreement between us relating to the subject matter herein and shall not be modified except in a writing, signed by both parties, or by a change to this Agreement made by Ava James NYC as set forth in “Modifications” above.

Our Address

The Ava James NYC Services are operated by Ava James NYC LLC.

Address: 224 West 30th Street #1201, New York NY 10001

Email: info@avajamesnyc.com