Last Updated: October 21, 2024

These Terms of Service (these “Terms”) are between Aví Apparel, LLC (“Aví Apparel,” “we,” “us,” or “our”) and you or the entity that you represent (“you” or “your,” as applicable) and govern your use of and purchases made on our website (the “Site”). By using the Site, you agree, on behalf of yourself or the entity that you represent, to the following conditions.

PLEASE READ THESE TERMS carefully as they form a legally binding agreement between you and [aví apparel]. THESE TERMS INCLUDE A JURY TRIAL WAIVER, WHICH MEANS THAT YOU WAIVE YOUR RIGHT TO A TRIAL BY JURY. DO NOT ACCESS OR USE the SITE IF YOU DO NOT AGREE TO THESE TERMS IN THEIR ENTIRETY.

1. License and Access

Subject to your compliance with these Terms, and your payment of any applicable fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access, use, and make purchases through the Site. This license does not include any resale or commercial use of the Site, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Site 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 by these Terms are reserved and retained by us. The Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. You may not frame or utilize framing techniques to enclose any Aví Apparel trademarks, logos, or other proprietary information (including images, text, page layout, or form) without our express written consent. You may not use any meta tags or any other “hidden text” utilizing the name or trademarks of Aví Apparel without our express written consent. You may use the Site only as permitted by law. The license granted under these Terms will terminate automatically if you do not comply with these Terms.

2. Privacy Notice

You may view a copy of our privacy policy here (“Privacy Policy”), which explains our practices relating to the collection and use of your information through or in connection with the Site. The Privacy Policy is incorporated into these Terms, and governs our use of your information and/or any information you submit or otherwise make available to us in connection with the Site.

3. Orders; Acceptance; Cancellation

An order you place through the Site is an offer to buy. We may, in our sole discretion, refuse, reject, or cancel your order for any reason, including, without limitation, if you have not met the conditions specified at the time of the order, if your payment cannot be processed, if the product you have ordered is not available, if we cannot meet delivery commitments, suspected fraud, a violation of these Terms, or for any other error. We reserve the right at any time to discontinue selling products through the Site or the Site itself at any time without liability to you of any kind.

4. Security

In using this Site:

• you will not use any device, software, or other instrumentality to disrupt, damage or interfere with or attempt to disrupt, damage, or interfere with the proper functioning of this Site; and
• you will not to violate or attempt to violate the security of this Site, including, without limitation, (i) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mail bombing” or “crashing”; or (ii) attempting to transmit any “virus”, “Trojan horse” or other software destruction or disruption device.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

5. Product Details

Some product listings may contain inaccuracies, including, without limitation, the product’s color, price, details, specifications, or any other information. While we will make reasonable efforts, we make no guarantee that information about the product as listed on the Site is accurate or complete. We reserve the right to update and make changes to products and product descriptions at anytime.

6. Electronic Communications

When you use the Site, you may be communicating with us electronically. You can still receive communications from us electronically, such as emails, text messages, push notifications, or other notices and messages through the Site. You agree that any agreement, notice, disclosure, or other communication that we may provide to you electronically will satisfy any legal requirement that such communication be in writing.

7. Changes; Modifications

We update these Terms from time to time by notifying you of such changes by any reasonable means, including by posting a revised version of these Terms on the Site or requiring you to agree to a new version of these Terms before making a purchase. Any such changes will not apply to any dispute between you and us arising prior to the “Last Updated” date when we reposted the revised Terms incorporating such changes or otherwise notified you of such changes. You agree that it is your responsibility to regularly check the Site for any updated Terms. In addition, by continuing to use or access the Site or making a purchase through the Site after we post any change or modification to the Terms, you accept the updated Terms.

8. Sanctions and Export Policy

Purchases you make through the Site may be subject to, and you are responsible for complying with, the export control and economic sanctions laws of the United States and other applicable jurisdictions.

9. Your Account; Payment Methods

You may need to register for an account (an “Account”) to access or use all the features of the Site. In addition, your Account may require you to maintain valid payment method. You agree to provide current, complete, and accurate payment information for all purchases made through the Site. You agree to promptly update your payment information, including, addresses, credit card numbers, expiration dates, and other financial information so that we can complete your transactions through the Site and contact you as needed. If there is a problem charging your selected payment method, we may charge any other valid payment method associated with your Account. You are responsible for maintaining the confidentiality of your Account and password and for restricting access to your Account, and you agree to accept responsibility for all activities that occur under your Account . We reserve the right to terminate your Account at any time in our sole discretion.

10. Risk of Loss

All purchases of physical items through the Site 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.

11. Copyright, Trademarks, and Other Proprietary Information

If you believe that your intellectual property rights have been infringed, please give our Copyright Agent the following information:

• A physical or electronic signature of the individual or entity who owns the copyright;
• A description of and URL link to the copyrighted work that you believe has been infringed upon;
• Your postal mailing address;
• Your telephone number;
• Your email address; and
• A written statement by you that you believe, in good faith, that the usage of the work is not authorized or consented upon by the rightful copyright owner.

A written statement made by you, under penalty of perjury, that the information in your copyright claim is completely accurate and that you are in fact the rightful copyright owner, or that you have authorized consent to act on the copyright owner’s behalf.

Send claims to:

[Address of copyright agent]

12. Our Proprietary Rights; Feedback

The Site contains trademarks, copyrighted material, intellectual property, and other proprietary information of Aví Apparel. We own, control, or retain licenses to all proprietary rights in the Site and all content, materials, products (including software) and other services contained therein. You cannot copy, alter, duplicate, transmit, post, publish, display, sell, or publish any of our proprietary information, unless the information is in the public domain or we have given you explicit written permission.

If you provide us any ideas, thoughts, criticisms, suggested improvements, or other feedback related to the Site (collectively “Feedback”), you agree we may use the Feedback to modify the Site and that you will not be due any compensation, including any royalty related to the product or service that incorporates your Feedback. You grant to us a worldwide, royalty-free, fully paid, perpetual, irrevocable license to use, reproduce, modify, translate, distribute, perform, display, import, sell, offer for sale, make, have made and otherwise exploit the Feedback in any form, media, or technology, whether now known or hereafter developed, and to allow others to do the same.

13. Disclaimer of Warranties; Limitation of Liability

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

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

14. Indemnity

To the fullest extent permitted by law, you agree to hold harmless, defend, and indemnify Aví Apparel, all officers, founders, executive management, subsidiaries, licensors, advertisers, merchants, licensees, directors, owners, partners, agents, affiliates, advisors and employees against and from all losses, claims, demands, costs, liability, lawsuits, damages, expenses, and attorneys’ fees due to, arising from, or relating in any way to your access to or use of the Site or any information, content, materials, products (including software) and other services included on or otherwise made available to you through the Site, or your breach of these Terms. You agree to cooperate fully with us as is required by such a claim. We have the right, at our own cost and in our sole discretion, to defend ourselves fully and exclusively in relation to any claim of indemnification by you.

15. Interactions with Third Parties and External Sites

The Site may contain links to other sites or online services owned and operated by parties other than Aví Apparel (“Third Party Links”). Such Third Party Links are provided only for ready reference and ease of use. Unless specifically identified in writing, we do not control such sites or services and cannot be held responsible for their content or accuracy and do not endorse these sites or services. If the Site contains Third Party Links, you acknowledge and agree that we are not responsible for and are not liable for the content, products, services, or other materials on or available from such websites. We accept no liability for any information, products, advertisements, content, services or software accessible through these Third Party Links websites or for any action you may take as a result of clicking on such Third Party Links. Any such websites are likely to set forth specific terms of use and privacy policies that you should review. We are under no obligation to maintain any link on the Site and may remove a link at any time in its sole discretion for any reason whatsoever. We shall not be responsible or liable, directly or indirectly, for any damages or losses caused or alleged to be caused by or in connection with the use of or reliance on such content, products, services or other materials available on or through any Third Party Links. We are not responsible for the privacy practices of any other websites.

16. Class-Action Waiver, Jury Waiver, and Governing Law

Any dispute or claim relating in any way to your use of the Site will be adjudicated in the state or Federal courts in Washington, D.C. and you consent to exclusive jurisdiction and venue in these courts. We each waive any right to a jury trial. By using the Site, you agree that applicable federal law, and the laws of the state of District of Columbia, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort arising therefrom.

17. Severability

These Terms contain the entire agreement between you and Aví Apparel regarding the use of the Site. These Terms supersede all previous agreements, representations, and arrangements between us, written or oral. If any provision of these Terms is held invalid, the remainder of these Terms shall continue in full force and effect.

18. Miscellaneous

These Terms are not assignable, transferable. or sublicensable by you without the prior written consent of Aví Apparel. Aví Apparel may assign these Terms in whole or in part without your consent. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms.

Headings are for convenience only and have no legal or contractual effect. All notices under these Terms shall be in writing and shall be deemed to have been duly given when receipt is electronically confirmed, if transmitted by facsimile or email or upon receipt, if sent by certified or registered mail, return receipt requested, except as otherwise provided by these Terms.  Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

Aví Apparel shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor, or materials.

19. Contact Us

If you have any questions, concerns or notices of violation of these terms, please email us at : hello@aviscrubcaps.com.