Terms of Service

OVERVIEW

This website is operated by Avalon (“AVALONH2O.COM”), a New Jersey limited liability company. Throughout the site, the terms “we”, “us” and “our” refer to AVALONH2O.COM. AVALONH2O.COM offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service, and your use of our website is expressly made conditional upon your acceptance of the terms and conditions of these Terms of Service. If you do not agree to all the terms and conditions of these Terms of Service, then you may not access the website, purchase products from the website, or use any services.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change, or replace all or any part of these Terms of Service by posting updates and/or changes to our website. Upon any update or change to these Terms of Service, we will provide notice to you via email, if your email address is on file with us. If your email address is not on file with us, or if you have opted out of email communications from us, it is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes your manifestation of assent to and acceptance of those changes.

NOTICE OF ARBITRATION. THIS TERMS OF SERVICE AGREEMENT CONTAINS AN ARBITRATION PROVISION AND CLASS ACTION WAIVER THAT APPLIES TO ALL CLAIMS EXCEPT FOR CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT OR THOSE THAT CAN BE BROUGHT IN SMALL CLAIMS COURT. EXCEPT AS OTHERWISE STATED UNDER THE TERMS OF THESE TERMS OF SERVICE, AND IF YOU DO NOT OPT-OUT OF ARBITRATION AS SET FORTH BELOW, YOU AGREE THAT ANY AND ALL DISPUTES BETWEEN YOU AND AVALONH2O.COM WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU WAIVE YOUR RIGHT TO BRING OR RESOLVE ANY DISPUTE AS, OR PARTICIPATE IN, A CLASS, CONSOLIDATED, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL ACTION OR ARBITRATION.

SECTION 10 OF THIS TERMS OF SERVICE CONTAINS A DISCLAIMER OF WARRANTIES AND A LIMITATION OF LIABILTY. YOU ARE DIRECTED TO REVIEW THIS DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY BEFORE PURCHASING PRODUCTS THROUGH THE WEBSITE.

SECTION 1 - ONLINE STORE TERMS

Our website is open to use to those who are age eighteen (18) or above. By using our website, you warrant that you are age eighteen (18) or above, are of sound mind, and have the capacity to agree to and uphold the terms and conditions contained within these Terms of Service. If you use the website on behalf of a business entity or other third party, you warrant that you express actual authority to act as an agent of that business entity and third party and, as a component of that agency, have the right and ability to agree to the terms of these Terms of Service on behalf of that third party or business entity. You further warrant that you are not prohibited from entering into these Terms of Service by the terms of any preexisting agreement.

When you use the website, you agree to use it only for its customary and intended purposes and as permitted by the terms of these Terms of Service and any applicable law, regulation, statute, or ordinance. Additionally, you agree that you are responsible for any breach of your obligations under the terms of these Terms of Service and for any losses suffered by AVALONH2O.COM for such a breach, including, but not limited to, monetary damages, costs, and attorneys’ fees. You are expressly prohibited from using the website to violate any law, statute, ordinance, regulation, or treaty, whether local, state, provincial, national, or international, or to violate the rights of a third party, including, but not limited to, intellectual property rights, privacy rights, rights of publicity, or other personal or proprietary rights. Additionally, you are expressly prohibited from:

1. Attempting to access the website other than through a standard web browser unless you have been permitted to do so by us through a separate, written agreement (this restriction does not apply to search engines that comply with our robots.txt file);
2. Accessing or attempting to access the website through automated means (this restriction does not apply to search engines that comply with our robots.txt file);
3. Circumventing the technological protection measures of the website;
4. Posting or transmitting content intended to collect personal or personally identifiable information from users of the website or third parties;
5. Disrupting or otherwise interfering with the website or its associated servers or networks;
6. Scraping, reproducing, republishing, framing, selling, reselling, duplicating, or trading the website or its content;
7. Diverting or attempting to divert customers of the website to another website or service;
8. Sending unsolicited or unauthorized communications to users of the website or third parties;
9. Transmitting content to the website that is false, inaccurate, misleading, tortious, defamatory, vulgar, obscene, libelous, invasive, hateful, or otherwise objectionable;
10. Reverse engineering, decompiling, translating, or disassembling the website or its content; and
11. Encouraging or assisting any other party to do anything in violation of the terms of these Terms of Service.

AVALONH2O.COM reserves the right to modify, amend, or terminate the website or its associated content at any time and without prior notice. AVALONH2O.COM also reserves the right to refuse service or access to the website to any person or business entity at any time and without notice.

SECTION 2 - GENERAL CONDITIONS

You acknowledge and agree that your use of the website is limited by the license granted under the terms of these Terms of Service, and you expressly agree that you will not use the website in any manner not expressly authorized under these Terms of Service. AVALONH2O.COM reserves all its rights not expressly granted through these Terms of Service. AVALONH2O.COM provides you with a limited, non-exclusive, non-sublicensable, non-assignable, revocable, and royalty free license to use the website for its customary and intended purposes. You are expressly prohibited from reproducing, preparing derivative works of, distributing copies of, publicly performing, and publicly displaying the website.

The website and its associated trademarks and content are owned and used by AVALONH2O.COM, including, but not limited to, the AVALONH2O.COM trademark. Any use of the website, its associated trademarks, or its content without the prior written approval of AVALONH2O.COM is prohibited. The selection, arrangement, and layout of the website is the sole and exclusive property of AVALONH2O.COM, and any unauthorized copying, public display, public performance, distribution, or derivation, whether in whole or in part, is expressly prohibited.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this website is at your own risk. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only.

SECTION 4 - PRODUCTS OR SERVICES, ORDERING, AND PAYMENT

Payment for all orders placed through the website must be made at the time of ordering. You understand and agree that the prices quoted on the website are an invitation to deal and that no contract will be formed between you and AVALONH2O.COM until AVALONH2O.COM accepts your invitation to deal by performance, specifically, by shipping the ordered goods. Pricing errors will not constitute a contract between you and AVALONH2O.COM, and AVALONH2O.COM strives to quickly correct any pricing errors on the website when discovered. You agree that you will pay all applicable taxes or charges imposed by any governmental entity anywhere in the world in connection with your use of the website or purchase of goods through the website. All costs and fees are quoted and payable in United States Dollars and you acknowledge and agree that AVALONH2O.COM is not responsible for any foreign transaction fees or other fees charged to you by your financial institution or by AVALONH2O.COM’s payment processor. You agree that you will not initiate any chargebacks to AVALONH2O.COM unless otherwise authorized by AVALONH2O.COM in writing. You understand and agree that you will be responsible and required to pay for any costs associated with any chargebacks that you have initiated against AVALONH2O.COM.

SECTION 5 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

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.

SECTION 6 – SHIPPING AND RETURNS

AVALONH2O.COM provides shipping via standard carriers. All prices are FOB from their place of shipment. All shipments and returns are subject to AVALONH2O.COM shipping and returns policies, which are located on the website and may be changed at any time, from time to time, and in AVALONH2O.COM sole and absolute discretion.

SECTION 7 - THIRD-PARTY LINKS

Certain content, products, and services available via our Service may include materials from third parties. 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 liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 8 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries), or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 9 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Notice.

SECTION 10 – DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

YOU ACKNOWLEDGE AND AGREE THAT THE WEBSITE IS PROVIDED ON AN “AS-IS” BASIS AND WITHOUT WARRANTY OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY, AND NON-INFRINGEMENT. WHEREVER PERMITTED BY LAW, YOU ACKNOWLEDGE THAT AVALONH2O.COM WILL NOT BE HELD RESPONSIBLE OR LIABLE FOR ANY CLAIMS, DAMAGES, JUDGMENTS, CHARGES, OR FEES ARISING OUT OF OR RELATED TO YOUR USE OF OR ACCESS TO THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY DAMAGES, CONSEQUENTIAL DAMAGES, SPECIAL DAMAGES, INCIDENTAL DAMAGES, PUNITIVE DAMAGES, EXEMPLARY DAMAGES, COSTS AND ATTORNEYS' FEES, DAMAGES ARISING OUT OF ERRORS OR OMISSIONS, AND DAMAGES ARISING OUT OF THE UNAVAILABILITY OF THE WEBSITE OR DOWNTIME. YOU ACKNOWLEDGE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK AND THAT AVALONH2O.COM’S LIABILITY IS LIMITED TO THE AMOUNT THAT YOU PAID TO USE THE WEBSITE OR $1000, WHICHEVER IS LESS.

AVALONH2O.COM EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR ANY DAMAGE, INJURY, HARM, COST, EXPENSE, OR LIABILITY ARISING OUT OF OR RELATED TO YOUR USE OR MISUSE OF PRODUCTS PURCHASED THROUGH THE WEBSITE. PRODUCTS PURCHASED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS-IS” BASIS AND, EXCEPT WHERE OTHERWISE STATED, WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PUPOSE, TITLE, ACCURACY, NON-INFRINGEMENT, OR QUALITY. SOME JURISDICTIONS DO NOT ALLOW AN EXCLUSION OF IMPLIED WARRANTIES. IF YOU ARE LOCATED IN SUCH A JURISDICTION, YOU ARE ADVISED TO SEEK LEGAL ADVICE TO DETERMINE IF THIS EXCLUSION APPLIES TO YOU.

AVALONH2O.COM WILL NOT BE LIABLE TO YOU UNDER ANY LEGAL THEORY, WHETHER IN WARRANTY, CONTRACT, STRICT LIABILITY, TORT, OR NEGLIGENCE, FOR ANY DAMAGES, CLAIMS, INJURIES, JUDGMENTS, COSTS, OR LIABILITIES OF ANY KIND ARISING OUT OF OR RELATED TO YOUR USE OR MISUSE OF PRODUCTS PURCHASED THROUGH THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, DAMAGE TO PROPERTY, LOSS OF BUSINESS, LOSS OF INCOME, SPECIAL DAMAGES, INCIDENTAL DAMAGES, CONSEQUENTIAL DAMAGES, PUNATIVE DAMAGES, OR EXEMPLARY DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE. YOU ACKNOWLEDGE AND AGREE THAT YOU PURCHASE PRODUCTS THROUGH THE WEBSITE AT YOUR OWN RISK.

SECTION 11 - INDEMNIFICATION

You agree to indemnify, defend, and hold harmless AVALONH2O.COM, its officers, shareholders, directors, employees, subsidiaries, affiliates, and representatives from any and all losses, including, but not limited to, costs and attorneys’ fees, arising out of or related to (i) your use of the website, (ii) your purchase of products through the website; (iii) your use or misuse of products obtained through the website; (iv) your violation of any term or condition of these Terms of Service; (v) your violation of the rights of third parties, including, but not limited to, intellectual property rights or other personal or proprietary rights; and (vi) your violation of any law, statute, ordinance, regulation, or treaty, whether local, state, provincial, national or international. Your obligation to defend AVALONH2O.COM will not provide you with the ability to control AVALONH2O.COM’s defense, and AVALONH2O.COM reserves the right to control its defense, including its choice of counsel and whether to litigate or settle a claim subject to indemnification.

SECTION 12 – CHOICE OF LAWS AND STIPULATION TO JURISDICTION

You and AVALONH2O.COM agree that any dispute arising out of or related to these Terms of Service or your use of the website, including, but not limited to, your purchase of goods through the website, will be governed by the laws of the State of New Jersey, without regard to its conflict of laws rules. Specifically, the validity, interpretation, and performance of these Terms of Service will not be governed by the United Nations Convention on the International Sale of Goods. Except for claims that may be brought in small claims court, claims of intellectual property infringement, or claims for injunctive relief by either party, you and AVALONH2O.COM agree that any dispute or controversy arising out of, in relation to, or in connection with these Terms of Use, your use of the website, our your use of products purchased through the website, including, without limitation, any and all disputes, claims (whether in tort, contract, statutory, or otherwise), or disagreements concerning the existence, breach, interpretation, application, or termination of these Terms of Service, will be resolved by final and binding arbitration pursuant to the Federal Arbitration Act in Ocean County, New Jersey or, at the option of the party seeking relief, by telephone, online, or via written submissions alone, and be administered by the American Arbitration Association (“AAA”) under the then in force Commercial Arbitration Rules by one arbitrator appointed in accordance with such rules. Such arbitration will be independent and impartial. If the parties fail to agree on the arbitrator within twenty (20) calendar days after the initiation of the arbitration hereunder, AAA will appoint the arbitrator.

This arbitration will be conducted in the English language. The decision of the arbitrator will be final and binding on the parties and judgment on any award(s) rendered by the arbitrator may be entered in any court having jurisdiction thereof. Nothing in this section will prevent either party from seeking immediate injunctive relief from any court of competent jurisdiction, and any such request shall not be deemed incompatible with the agreement to arbitrate or a waiver of the right to arbitrate. The parties undertake to keep confidential all awards in their arbitration, together with all confidential information, all materials in the proceedings created for the purpose of the arbitration and all other documents produced by the other party in the proceedings and not otherwise in the public domain, save and to the extent that disclosure may be required of a party by legal duty, to protect or pursue a legal right or to enforce or challenge an award in legal proceedings before a court or other judicial authority. The arbitrator shall award all fees and expenses, including reasonable attorney’s fees, to the prevailing party. Any judgment rendered by the arbitrator may be entered in any court of competent jurisdiction.

ANY DISPUTE RESOLUTION PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE PURCHASE OR USE OF ITEMS FROM OR THROUGH THE WEBSITE, WHETHER IN ARBITRATION OR OTHERWISE, SHALL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION, AND YOU AND AVALONH2O.COM EXPRESSLY AGREE THAT CLASS ACTION AND REPRESENTATIVE ACTION PROCEDURES SHALL NOT BE ASSERTED IN NOR APPLY TO ANY ARBITRATION PURSUANT TO THESE TERMS.

Any claims must be brought within one year of each applicable purchase or will otherwise be barred.

SECTION 13 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 14 – SURVIVABILITY

The representations, warranties, duties, and covenants made by you under these Terms of Service will survive the termination of these Terms of Service and your use of the website, including, but not limited to, your duty to indemnify and defend AVALONH2O.COM.

SECTION 15 – INTERPRETATION

These Terms of Service will be deemed to have been drafted by both parties, and the terms and conditions of these Terms of Service will not be interpreted against its drafter.

SECTION 16 – ASSIGNMENT

You are expressly prohibited from assigning your rights and duties under these Terms of Service. AVALONH2O.COM reserves the right to assign its rights and duties under these Terms of Service, including in a sale of AVALONH2O.COM or a sale of some or substantially all of the assets of AVALONH2O.COM.

SECTION 17 – WAIVER AND INTEGRATION

No term or condition of these Terms of Service or breach of these Terms of Service will be deemed to have been waived or consented to unless said waiver is writing and signed by the party to be charged. These Terms of Service are the entire agreement between the parties and supersedes all previous agreements or representations between the parties.

SECTION 18 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at compliance@bhrsgroup.com