Terms and Conditions
By accessing, browsing, or otherwise using this website, the user (“User”) indicates acknowledgment that User has read, understands, and agrees to be bound by these Terms and Conditions, without limitation, qualification, or exception. Ava Gene's reserves the right to modify, cancel, or otherwise affect these Terms and Conditions at any time without notice or consent of User. User agrees to regularly review these Terms and Conditions as an obligation of User’s limited license to use this site. Nothing contained in these Terms and Conditions shall be construed by User as creating a partnership, agency, or other joint enterprise between Ava Gene's and User.
2. Information Accuracy
The information on this site is as accurate as possible. Product descriptions, ingredients, color, consistency, and other product information is provided in part by third party vendors. Ava Gene's does not, to the extent permitted by applicable law, warrant product or service information presented on this site. Color and other visual properties may vary depending on User’s browser and device settings.
It is the responsibility of User to consult with User’s health care professional prior to using personal care products that may produce an allergic or other injurious reaction in User.
Ava Gene's does not represent, guarantee, or in any other manner indicate that products referenced or sold on this site may be used, shipped to, or otherwise consumed outside of the United States. User understands that it is incumbent upon User to verify the legality of shipping individual products to User’s shipping address.
3. Intellectual Property
“Ava Gene's,” its slogans, logos, and product packaging are all registered trademarks of Ava Gene's. All site content, including, but not limited to, graphics, photo imagery, custom fonts, copy, video, iconography, and the “look and feel,” is the property of Ava Gene's, its subsidiaries, vendors, partners, or licensors, protected by United States and international laws, including laws concerning copyrights, trademarks, and related intellectual property.
4. Limited License
Ava Gene's grants User a limited, revocable, non-exclusive license to access and use the site on a mobile or desktop browser only for the purpose of shopping for personal items, to learn about Ava Gene's, its locations and services, careers with Ava Gene's, and to book appointments for services. Commercial or third-party use is strictly prohibited without first obtaining permission from Ava Gene's corporate headquarters.
User is strictly prohibited from: (1) framing or using framing techniques to enclose the site or any portion thereof; (2) reproducing, redistributing, selling, licensing, trademarking, or downloading the site or any and all site content, including for use on personal websites and social sharing sites; (3) using the site or its content for any commercial or third-party purpose; (4) modifying, reverse engineering, or creating any derivative works based upon the site or any of its content; (5) collecting account information for the benefit of the User or a third party; (6) using software robots, spiders, crawlers, or similar data gathering and extraction tools, or taking any other action that may impose an unreasonable burden or load on the site server. Any unauthorized use of this site or any of its content automatically terminates this limited license and will be pursued by Ava Gene's to the full extent of applicable law.
5. Shopify, and other third party sites
In the event User chooses to register an ecommerce or online appointment account, User thereby creates accounts with the proprietary third party software creators thereof. User is responsible for understanding the terms and conditions of third party sites linked within this site and complying with those policies. To the extent permitted by law, Ava Gene's is not responsible for data breach, theft, or other misuse of User’s information at third party sites linked or otherwise associated with Ava Gene's site.
User attests and avows that, if creating an account with any third-party site linked herein, User is at least thirteen (13) years of age.
6. Submissions
Suggestions, inquiries, feedback, proposals, and other information submitted to Ava Gene's via this site shall be treated as non-proprietary and non-confidential. Ava Gene's reserves the right to copy, use, reproduce, share, publish internally or externally, modify, adapt, sell, assign, or otherwise use submissions for any purpose, worldwide, and without any obligation of royalty or attribution to User. By making a submission, User represents and warrants that such submission does not contain or comprise software viruses, or any form of spam. By making a submission, User agrees, by virtue of User’s acceptance of these Terms and Conditions, to indemnify Ava Gene's for all claims arising from or in connection with any claims to any rights in any submission.
7. Use of third party information
Ava Gene's will not reveal User’s personally identifying information provided via the site to any third party except in the following circumstances: (1) User provides explicit permission to Ava Gene's to use such information for a stated purpose; (2) User’s information must be used to provide the service User requests via the site, e.g. shipping address to deliver products; (3) Ava Gene's is required to so reveal such information by virtue of subpoena, court order, or other legal proceeding; (4) the Third Party is another business acquired by, or that acquires, Ava Gene's, in which case User’s personally identifying information will be used in the same manner as Ava Gene's used the information prior to such transaction.
User consents to Ava Gene's exclusive use of any email address provided or registered by Ava Gene's for Ava Gene's marketing and informational purposes only. Ava Gene's shall not sell, share, or otherwise provide email addresses of its users to third parties, except as contemplated by these Terms and Conditions.
8. Representations and warranties; limitation of liability
By accessing and using this site, User agrees that, to the fullest extent permitted by applicable law, Ava Gene's shall not be liable under any theory of law for any loss or damages of any kind relating to the following, non-exhaustive list of claims: (1) damages related to dealings with or existence of links to third-party sites; (2) misdelivery, corruption, destruction, failure, or other abnormal transmittal of files or linked information; (3) business interruption; (4) viruses, system failure, and other malfunctions that may occur in connection with use of the site, including use of links to or from third-party sites; (5) inaccurate or omitted content; (6) system outages at third-party sites linked from this site; or (7) any events beyond the reasonable control of Ava Gene's.
Any information received via this site shall not be relied upon by User as personal, medical, legal, or financial advice.
9. Disputes; choice of law
Any and all disputes, claims, and actions brought by or against Ava Gene's related to this site, the Terms and Conditions and other policies present herein, shall be governed by the laws of the State of Washington. Any dispute related in any way to the sale, use, or application of products and services purchased or arranged through this site shall be submitted to confidential arbitration in Seattle, WA. Arbitration sought hereby shall be conducted under the procedural rules then prevailing with the American Arbitration Association. Any award determined by the arbitrator shall be binding and may be entered as a judgment by the prevailing court.
In the event use of this site violates Ava Gene's intellectual property rights, Ava Gene's may seek injunctive or other relief in any state or federal court in the State of Washington.
In the event one or more of these Terms and Conditions is found to be unenforceable or invalid by any court of competent jurisdiction, such ruling shall apply to the particular term(s) and not to these Terms and Conditions as a whole.
10. Termination
Ava Gene's reserves the right to terminate the limited license granted to User, at any time, for any reason, with or without prior notice. Upon such termination, User shall immediately cease all access, linking, and any other use or reference to the site.
11. Feedback
Questions, comments, compliments, copyright claims, or concerns regarding this site should be sent to Ava Gene's via the contact links herein.
12. Use and purchase of products and services
The products and services offered by Ava Gene's on this website are exclusively for personal use. Product diversion, or the resale of products purchased on this site or at any Ava Gene's location, is strictly prohibited, and Ava Gene's will enforce injunctive and other remedies for product diversion to the full extent of the law. Ava Gene's reserves the right to cancel or reduce the quantity of any order for any reason, including suspicion of intent to divert products.