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Terms of service
LAST REVISED: MARCH 01, 2024
Please take the time to read these terms thoroughly, as they impact your legal options.
This agreement includes a clause requiring arbitration, meaning you agree to settle any dispute (as explained in section 10) through individual arbitration instead of going to court. If you do not wish to participate in this mandatory arbitration process, section 10 outlines the steps you must take to opt out.
Additionally, the agreement includes a class action waiver, meaning you agree to pursue any claims individually and not as part of a larger group.
1. TERMS OF USE OF THE SITE
The website Avorioskincare.com ("the Website") is the property of and is managed by Avorio Skincare, LLC (referred to hereafter as "Avorio Skincare", "we", "our", or "us"). Your interaction with the Website, including the viewing of material on the Website ("Content"), any orders placed via the Website, your usage of our products, and our utilization of your content on social media, are governed by these Terms of Use and any changes or additions thereto, as well as our Privacy Policy (together referred to as the "Agreement"). By accessing or using the Website and its Content, you are consenting to and agreeing with these Terms of Use, which regulate your interaction with the Website. It is important that you review these Terms of Use attentively before engaging with the Website or granting us the right to use your content on social media, as they have implications on your legal rights and responsibilities.
If you do not consent to these Terms of Use, you should refrain from accessing the Site, placing orders, or utilizing our products. Your usage of the Site constitutes your binding acceptance of these Terms of Use.
You acknowledge that Avorio Skincare reserves the exclusive right to halt or discontinue the operation of the Site or your access to it at any given moment, without prior notification, for reasons Avorio Skincare sees fit. You also accept that Avorio Skincare bears no responsibility to you or any third party for any impact resulting from such cessation or suspension. Should your access to or use of the Site be terminated, you agree that the sections of the Agreement pertaining to the safeguarding of intellectual property, indemnity, disclaimers concerning Site information, disclaimers of warranties in relation to the Site's use, limitations on Avorio Skincare's liability, and the stipulations regarding mandatory pre-dispute arbitration and the prohibition of class actions will remain in effect.
Avorio Skincare retains the right to delegate, transfer, or subcontract its rights or duties under these Terms of Use and Purchase Conditions to any third party as it chooses. Any promises, warranties, and indemnification commitments made by you will persist beyond the cancellation or conclusion of your account or association with Avorio Skincare. Avorio Skincare's failure to immediately enforce any right or remedy under these Terms of Use does not constitute a waiver of such right or remedy, nor does it hinder Avorio Skincare's capacity to enforce such right or remedy at a later time. Any waiver must be formally acknowledged in writing by Avorio Skincare. These Terms of Use override any prior terms published by us and any other assurances or declarations made to you by us, whether verbal, written, or in any other form.
2. USE OF THE SITE
To access and utilize the Website, you must either be (a) at least 18 years of age, capable of forming legally binding agreements, and not prohibited by any laws from doing so, or (b) at least 13 years of age and have obtained the consent of your parent or legal guardian to the Agreement. The Website is not designed for use by individuals under 13 years of age, and the Website may not be used by anyone in this age group. By using the Website, you confirm that you are either over the age of 18, or if you are between 13 and 17 years old, that you have received the necessary permission from your parent or guardian.
3. MODIFICATIONS
We hold the authority to alter, revise, or delete sections of these Terms of Use whenever necessary, so we advise you to revisit and examine these Terms of Use periodically. Notice of any significant amendments will be given by displaying the updated Terms of Use on the relevant Site, indicated by a refreshed "Last Revised" date. Such substantial modifications will become effective automatically 30 days following their publication on the Site.
Your ongoing interaction with the Site indicates your agreement to any modifications. If you find the revised Terms of Use unacceptable, you should cease using the Site.
4. NO WAIVER
Avorio Skincare's decision not to enforce these Terms of Use at any given time or for any particular reason should not be interpreted as relinquishing the right to enforce them at any other time.
5. PRIVACY
The information you provide will be handled and stored in line with our Privacy Policy. By agreeing to these Terms of Use, you are also acknowledging and consenting to the practices of information gathering, utilization, and sharing as outlined in our Privacy Policy.
6. DISCLAIMERS & WARRANTIES
The website and its content are offered to you "as is" and "as available," with no guarantees. Your use of the site is entirely at your own risk. Avorio Skincare and the website fully disclaim all warranties, whether express or implied, to the fullest extent allowed by law, including but not limited to implied warranties of merchantability, suitability for a specific purpose, ownership, and non-violation.
Avorio Skincare does not guarantee that (a) the site or its content will fulfill your needs or expectations; (b) the site's operation will be continuous, timely, secure, accurate, or free from errors, nor that any errors will be rectified; (c) you will achieve any specific outcomes from using the site; or (d) the site or the servers enabling its availability are devoid of viruses or other harmful elements. If the law restricts the exclusion of certain or all implied warranties, then these exclusions will only apply to the extent permitted by law.
The information provided on or through the site is intended solely for informational purposes. We do not assure the precision, completeness, or utility of this information. Any dependence you place on such information is strictly at your own risk. We reject all liability and accountability for any reliance by you or any site visitor, or by anyone who might be informed of its contents. The site may contain content from third parties or links to third-party content. Except for content provided by Avorio Skincare, all opinions and materials, including articles and responses, are the responsibility and views of the content providers and do not necessarily represent Avorio Skincare's stance. We are not accountable for the content or accuracy of any third-party materials.
Avorio Skincare will not be liable for any damages, including but not limited to special, indirect, punitive, or consequential damages related to or arising from the site, its use, or the inability to use the site's materials, even if Avorio Skincare or an authorized representative has been advised of the possibility of such damages. Avorio Skincare's total liability to you for all damages, losses, and causes of action, whether in contract, tort (including negligence), or otherwise, shall not exceed the amount, if any, paid by you to access the site. The law may not permit the limitation or exclusion of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you.
7. THIRD-PARTY WEBSITE LINKS
The Site contains links to external third-party websites, provided by Avorio Skincare merely for your convenience. Avorio Skincare does not control these external websites. We have not conducted comprehensive reviews of all websites linked to or from the Site and do not bear any responsibility for the content found on any such external sites. The presence of links to third-party websites on the Site does not signify Avorio Skincare's approval of those external websites, their sponsors, or any products or services they offer. Your decision to access and use these third-party websites is made at your own risk.
8. INDEMNITY
You agree to indemnify, defend, and hold harmless Avorio Skincare and its officers, employees, directors, agents and sponsors from and against any and all claims, damages, costs, or other expenses (including reasonable attorneys’ fees) that arise directly or indirect out of or from: (a) your breach of these Terms of Use or of any representation or warranty made by you in these Terms of Use; (b) any submissions you make to the Site; and/or (c) your activities in connection with the Site or Content.
9. APPLICABLE LAWS & JURISDICTION
You agree to comply with all applicable laws, statutes, ordinances, and regulations regarding your use of the Site and your purchase of the products and services on the Site.
Avorio Skincare owns and controls the Site (excluding third party linked Site) from its corporate offices throughout Miami, Florida, United States of America. Avorio Skincare makes no representation that the Content is appropriate or available for use in other locations, and accessing the Site or Content from jurisdictions where such access or the Content is illegal is prohibited. Users are solely responsible for compliance with all the laws of their jurisdictions.
The Federal Arbitration Act, applicable federal law, and the laws of the State of Florida, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute between you and Avorio Skincare arising out of or relating in any way to your use of the Site or to your use or purchase of any Avorio Skincare’s products or services.
10. DISPUTE RESOLUTION: ARBITRATION AGREEMENT, TIME FRAME, & INDIVIDUAL CLAIMS ONLY
PLEASE REVIEW THIS SECTION THOROUGHLY AS IT IMPACTS YOUR LEGAL RIGHTS.
You acknowledge that you will first attempt to resolve any grievances with Avorio Skincare informally by providing us with a detailed written account of your issue, including any pertinent information or claims regarding our products that you rely on. This written account should be mailed to Avorio Skincare, LLC - 125 NE 32nd street, STE 1119, Miami, FL 33137, addressed to the General Counsel. You commit to engaging in sincere negotiations with Avorio Skincare to settle your issue. If your dispute remains unresolved 60 days after Avorio Skincare has received your written complaint, you agree to the following method of dispute resolution.
All disputes or claims related to your interaction with the Site or to your purchase or use of Avorio Skincare products shall be settled through binding arbitration instead of in court, with the exception of claims that can be brought in small claims court if they meet the requirements.
By opting for arbitration, you acknowledge that you are foregoing the opportunity to pursue other dispute resolution avenues, such as litigation or administrative actions. Arbitration procedures differ significantly; there is no judge or jury, and while the arbitrator's review is limited, they have the authority to award the same compensations and enforce the same terms as a court would, in accordance with these Terms of Use.
Both you and Avorio Skincare agree to resolve any disputes on an individual basis only, foregoing any class, consolidated, or representative actions. This means arbitration will be conducted individually, without acting as a representative or member of any class or in a Private Attorney General capacity. An arbitrator cannot combine multiple individuals' claims or oversee any form of class or collective proceedings.
To initiate arbitration, you must send a letter detailing your claim to our registered agent, General Counsel, at the same address provided above. The arbitration will be administered by the American Arbitration Association ("AAA") under its rules, including the AAA’s Consumer Arbitration Rules, available at http://www.adr.org/consumer or by calling 1-800-778-7879. The AAA rules will govern the payment of all fees. For claims under $10,000 USD, we will reimburse the fees unless the arbitrator deems the claims unsubstantial. Avorio Skincare will not claim attorneys’ fees in arbitration unless the arbitrator finds the claims unsubstantial. Arbitration can be conducted via telephone, written submissions, or in person, either in your county of residence or another mutually agreed location.
Should a claim proceed in court instead of arbitration for any reason, both parties renounce any right to a jury trial, unless such renouncement is deemed unenforceable. The parties also concur that either may seek court intervention to prevent the infringement or misuse of intellectual property rights.
Any arbitration must be initiated within one year from the claim's emergence (after following the mandatory informal dispute resolution steps mentioned earlier), with any later attempts being prohibited.
For any dispute not covered by the arbitration and class action waiver terms of this Agreement (excluding individual small claims court actions), the exclusive jurisdiction lies with the Superior Court of Miami-Dade County, Florida, or the United States District Court for the Southern District of Florida, to which both parties irrevocably consent.
In cases of breach or potential breach of this Agreement by you, Avorio Skincare has the right to seek injunctions or other equitable relief to prevent such breach, without limiting other remedies available, including monetary damages.
11. INTELLECTUAL PROPERTY
The Website and its Content are owned by Avorio Skincare and its licensors and are safeguarded by copyright laws in the United States and internationally. Avorio Skincare and its licensors retain all rights, including copyrights, trademarks, and other intellectual property rights, in the Website, as well as in the services, products, software, text, graphics, design elements, audio, and music, and all other material produced or utilized by Avorio Skincare on the Website or elsewhere. You recognize that the Content accessible via the Website, including but not limited to text, graphics, software, music, sound, photographs, and videos, and including content supplied by third parties such as suppliers, sponsors, or advertisers ("Intellectual Property Rights"), is protected by copyright, trademark, patent, or other proprietary rights and laws. You are granted a limited, non-exclusive, revocable, and non-transferable license to access, copy, and print Content from the Website solely for personal use or for placing orders through the Website, with the condition that copyright and other proprietary notices on the Content are not altered or concealed. This Agreement does not grant you any licenses or rights other than those explicitly stated herein, whether directly, by implication, by estoppel, or otherwise, regarding any of Avorio Skincare's or any third party's Intellectual Property Rights. All rights not explicitly granted in this Agreement are reserved.
12. PURCHASING PRODUCTS ON THE SITE
Avorio Skincare retains the authority to modify or discontinue product specifications and prices at any time without notifying you and without any obligation on its part. While Avorio Skincare endeavors to ensure the accuracy of the prices listed on the Website and aims to describe the products available as precisely as possible, including presenting the most current packaging, it does not guarantee the accuracy, completeness, reliability, or currentness of product descriptions or that the product packaging shown on the Website will be identical to the product you receive. Should you find that a product delivered to you does not match its description on the Website, or if the product's packaging differs from what is shown on the Website, your exclusive recourse is to return the product in unused and undamaged condition in line with our Return Policy, available on the Website. Be mindful that prices, availability, and other purchasing conditions can change without advance notice. Avorio Skincare is committed to correcting errors on the Website as they are identified and strives to maintain accurate information. Avorio Skincare also reserves the right to cancel any stated offer in order to rectify any mistakes, inaccuracies, or omissions, even after an order has been placed, confirmed, or if your credit card has already been charged. In the event that an error is identified after your credit card has been charged and your order is canceled due to this error, your credit card will be fully refunded for the amount of your order.
13. SEVERABILITY CLAUSE
Should any part of these Terms of Use be deemed illegal, invalid, null, or unenforceable for any reason, both you and we concur that such part will be considered detachable from the Terms of Use, leaving the validity and enforceability of the rest of the Terms unaffected (including any other sections under the same heading of the part found to be unenforceable).
14. HEADINGS ARE FOR EASE OF REFERENCE
The inclusion of headings or subheadings within these Terms of Use is intended purely for ease of reference and navigation, and should not be utilized to construe any particular section or provision.