Terms & Conditions
Last Updated: Jan 2014
These are the terms of use (“Terms of Use”) for your use of services or features on the sites owned and controlled by Aviva Hair Inc. (“Aviva”), including www.avivahair.com (the “Site”). We may add additional Sites from time to time as we expand our Hair offerings and these Terms of Use will govern those new Sites when added. You may be accessing our Sites from a computer or mobile device (through an iPhone application, for example) and these Terms of Use govern your use of our Sites and your conduct, regardless of the means of access. You may be using our interactive services (“Interactive Services”), such as our Aviva Blog, Ratings & Reviews (the “RR Service”), the Question & Answer service (the “Q&A Service”) or our photo submission program (“Your Aviva Story”) and these Terms of Use govern your use of those Interactive Services.We also like to interact with you on third party sites where we post content or invite your feedback, such as www.facebook.com/Avivahair, www.twitter.com/avivahair, www.youtube.com, www.pinterest.com/avivahair, instagram.com/avivahair (“Third Party Sites”). Our Terms of Use and other areas of our Sites provide guidelines (“Guidelines”) and rules and regulations (“Rules”) in connection with our Interactive Services, including services that involve Third Party Sites, but Aviva does not control those Third Party Sites, and these Terms of Use, our Guidelines and our Rules do not apply to companies that Aviva does not own or control, or to the actions of people that Aviva does not employ or manage. You should always check the terms of use posted on Third Party Sites.
By using the Sites, you signify your agreement to these Terms of Use, our Privacy Policy and our Guidelines and Rules, whether or not you have read them. If you do not agree with any of these, you should not use our Sites.
Aviva reserves the right to change or modify any of the terms and conditions contained in the Terms of Use, Guidelines and Rules at any time, without notice and in its sole discretion. If Aviva decides to change these Terms of Use, Aviva will post a new version on the Sites and update the date set forth above. Any changes or modifications to these Terms of Use, Guidelines or Rules will be effective upon posting of the revisions. Your continued use of the Sites following posting of any changes or modifications constitutes your acceptance of such changes or modifications and if you do not agree with these changes or modifications, you must immediately cease using the Sites. For this reason, you should frequently review these Terms of Use, our Guidelines and Rules and any other applicable policies, including their dates, to understand the terms and conditions that apply to your use of the Sites.
COPYRIGHT
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.
TRADEMARKS
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.
PRODUCT INFORMATION
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.
The products available on the Sites and the Interactive Services, including any samples Aviva may provide to you, are for your personal use only. You may not sell or resell any products you purchase or otherwise receive from Aviva. Aviva reserves the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products to be provided to you that may result in a violation of these Terms of Use, as determined by Aviva in its sole discretion.
COLOR INFORMATION
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 may access the Content and any other content on the Sites only as permitted under these Terms of Use and the Privacy Policy and you agree to not engage in the use, copying or distribution of any of the Content other than as expressly provided herein.
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;
- – you are the sole author and owner of the intellectual property and other rights thereto (or have the necessary licenses, rights, consents and permissions to use and authorize Aviva to use all intellectual property and other rights thereto to enable inclusion and use of the Content in the manner contemplated by the Sites and these Terms of Use);
- – 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 are at least 13 years old and, if you are a minor, that you have obtained the consent of your parent or legal guardian to use the Site and agree to these Terms ; of Use; and that ” use of the Content you supply does not violate these Terms of Use and will not cause injury to any person or entity.
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;
- – complies in all respects with these Terms of Use, our Privacy Policy and all Guidelines and Rules;
- – 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.
For any Content that you submit, you grant Aviva a worldwide, perpetual, irrevocable, royalty-free, sub-licensable and transferable right and license to use, reproduce, communicate, distribute, copy, modify, delete in its entirety, edit, adapt, publish, translate, publicly display, publicly perform, use, create derivative works from and/or sell and/or distribute such Content and/or incorporate such Content into any form, medium or technology whether now or hereafter known throughout the world without compensation to you. This license will survive the termination of these Terms of Use and your use of the Site.
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
- – All submitted reviews, comments and questions are read by our moderators and are subject to these Terms of Use.
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.
As noted above, Aviva reserves the right to not post a review or to withdraw a posted review for any reason. Your review will be excluded if it violates Guidelines or the provisions in these Terms of Use regarding submission of Content generally.
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.
MOBILE SERVICES
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
All Content that you submit is not confidential and may be used at Aviva’s sole discretion. Aviva may or may not pre-screen content. However, Aviva and its designees will have the right (but not the obligation) in their sole discretion to pre-screen, change, condense or delete any Content on the Sites. In particular, Aviva and its designees will have the right to remove any Content that Aviva deems, in its sole discretion, to violate the Guidelines, or any other provision of these Terms of Use or is otherwise objectionable. Aviva does not guarantee that you will have any recourse through Aviva to edit or delete any Content you have submitted. Aviva reserves the right to incorporate any Content you have submitted into any account you may have, now or in the future, as a registered user of the Sites. Ratings, written comments, questions and answers are generally posted within two to four business days. However, Aviva reserves the right to remove or to refuse to post any submission for any reason. You acknowledge that you, not Aviva, are responsible for the contents of any Content you submit. None of the Content that you submit shall be subject to any obligation of confidence on the part of Aviva, its agents, subsidiaries, affiliates, partners or third-party service providers and their respective directors, officers and employees.
RESERVATION OF RIGHTS
Aviva reserves the right, at any time, without notice and in its sole discretion, to terminate your license to use the Interactive Services and the Sites and to block or prevent your future access to and use of the Interactive Services and the Sites. Aviva may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to (i) comply with legal process, (ii) enforce these Terms of Use, (iii) respond to claims that any Content violates the rights of third parties, (iv) respond to your requests for customer service, or (v) protect the rights, property or personal safety of Aviva and its employees, its users and the public.
AVIVA HAIR VIP: PLEASE READ THIS MEMBERSHIP AGREEMENT CAREFULLY
By using the Aviva Hair website (the “Site”), you agree to follow and be bound by these terms of use (the “Terms of Use”) and agree to comply with all applicable laws and regulations, including United States export and re-export control laws and regulations. In these Terms of Use, the words “you” and “your” refer to each Client or Site visitor, “we”, us” and “our” refer to Aviva Maven. It is your responsibility to review these Terms of Use periodically. If at any time you find these Terms of Use unacceptable or if you do not agree to these Terms of Use, please do not use this Site. We may revise these Terms of Use at any time without notice to you. If you have any questions about these Terms of Use, please contact us.
REGISTRATION AND MEMBERSHIP
In order to enjoy all the benefits of membership, you must register and become a member of the site. You may visit the site without registering. To register use your valid email address and create a password to register your profile. At the time of initial registration, you have the option to become a member by providing payment and shipping information for your account. Once you have placed your first order, you become an official member. One discounted Introductory Aviva box is allowed per person per household. Additional introductory boxes must be purchased at full price. All information that you provide to register is subject to the Privacy Policy. You may cancel your membership at any time by calling customer service. If you have any questions please email: info@avivanutrition.com or call 1-800-782-1780.
NO PURCHASE COMMITMENT
As a Aviva email subscriber, you will be the first to receive new, never before released, products and cutting edge treatment products. Because we are adding new products all the time, you’ll be sure to find lots of great items. Although the Aviva’s goal is to provide you with hair growth treatments and products at an affordable price, there is no monthly commitment to be a member. You may cancel your membership at any time. You must provide and keep us up to date with accurate member information, including your name, address, credit card number and expiration dates. You agree that we may update your information with information your bank or credit card issuer may supply, or other information available to us. All such personal information is subject to the Privacy Policy, incorporated into this Agreement. We are not responsible for any fees or charges that your bank or credit card issuer may apply. If your credit card issuer reverses a charge to your credit card, we may bill your account directly and seek payment by another method including a mailed statement.
REGISTERED USERS
As 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: info@avivanutrition.com and we will take personal care of you. You may cancel your membership at any time.BILLING AND PAYMENTS
PAYING BY CREDIT CARD
For 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 EXCHANGES
Shipping, 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 LOSS
The 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 TAXES
Aviva has fulfillment centers in both, New Yorl, therefore all orders shipped to the state of New York will be charged sales tax.INTERNATIONAL ACCESS
This 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 CANCELLATIONS
We 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: info@avivanutrition.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: info@avivanutrition.com. 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 TERMS
By 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.DISCLAIMER
Aviva 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.INDEMNIFICATION
You agree to defend, indemnify and hold harmless Aviva (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers), from all claims, demands, losses, liabilities, costs, expenses, obligations and damages of every kind and nature, known and unknown, including reasonable legal fees, arising out of (a) your use of and access to the Sites and the Interactive Services; (b) your violation of any term of these Terms of Use; (c) a breach of your representations and warranties set forth above regarding Content; (d) your violation of any law or the rights of a third party (including, without limitation, any copyright, property or privacy right); or (e) any claim that any Content you submitted caused damage to a third party. This indemnification obligation will survive the termination of these Terms of Use and your use of the Sites and the Interactive Services.APPLICABLE LAW
The Sites and Interactive Services are created and controlled by Aviva in the State of Washington, U.S.A. As such, the laws of the State of Washington will govern these Terms of Use, without giving effect to any principles of conflicts of laws. Aviva reserves the right to make changes to its Web site and these Terms of Use at any time.OUR ADDRESS
Aviva Hair 1181 Broadway. Floor 8, New York, NY 10001DIGITAL 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.