Terms of Use

OVERVIEW

Welcome to Avyroa.

The terms “we,” “us,” and “our” refer to Avyroa. Avyroa operates this website and online store, including all related information, content, features, tools, products, and services made available through the website, collectively referred to as the “Services.”

Avyroa is powered by Shopify Inc., which enables us to provide the Services to you.

These Terms of Use (“Terms”) govern your access to and use of our Services, together with any policies referenced herein, including our Privacy Policy, Refund Policy, Shipping Policy, and any other policies posted on our website.

Please read these Terms carefully before using our Services. By accessing, browsing, creating an account, placing an order, or otherwise using the Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not access or use the Services.

SECTION 1 – ACCESS AND ACCOUNT

By using the Services, you represent that you are at least the age of majority in your state, province, or country of residence, or that you are the age of majority and have given us your consent to allow any minor dependents to use the Services on devices you own, purchase, or manage.

To use the Services, including browsing our online store or purchasing products or services, you may be asked to provide certain information, such as your name, email address, billing information, payment information, and shipping information. You represent and warrant that all information you provide is accurate, current, and complete, and that you have all rights necessary to provide such information.

You are solely responsible for maintaining the confidentiality and security of your account credentials and for all activities that occur under your account. You may not transfer, sell, assign, share, or license your account to any other person.

We reserve the right to suspend, restrict, or terminate your access to the Services at any time if we determine that you have violated these Terms or engaged in conduct that may harm Avyroa, Shopify, other users, or the Services.

SECTION 2 – OUR PRODUCTS

We make reasonable efforts to provide accurate product information, images, descriptions, pricing, and availability in our online store. However, product colors, appearance, size, or details may differ from how they appear on your screen due to your device type, display settings, and configuration.

We do not warrant that the appearance, quality, or characteristics of any products or services purchased by you will meet your expectations or be exactly the same as depicted, described, or rendered in our online store.

All product descriptions, prices, promotions, and availability are subject to change at any time without notice at our sole discretion. We reserve the right to modify, discontinue, limit, or restrict the sale of any product or service at any time, including limiting quantities offered to any person, geographic region, or jurisdiction.

SECTION 3 – ORDERS

When you place an order through the Services, you are making an offer to purchase the selected products or services. Avyroa reserves the right to accept, reject, cancel, or limit any order for any reason at its sole discretion.

Your order is not accepted until Avyroa confirms acceptance and processes your payment. Please review your order carefully before submitting it, as Avyroa may be unable to accommodate cancellation or modification requests after an order has been accepted.

If we do not accept, make a change to, or cancel an order, we may attempt to notify you by contacting the email address, billing address, shipping address, or phone number provided at the time the order was placed.

Your purchases are subject to return, refund, or exchange solely in accordance with our Refund Policy.

You represent and warrant that your purchases are for your own personal or household use and not for commercial resale, export, or unauthorized distribution.

SECTION 4 – PRICES AND BILLING

Prices, discounts, promotions, and offers are subject to change without notice. The price charged for a product or service will be the price in effect at the time your order is placed and will be set out in your order confirmation email.

Unless otherwise expressly stated, posted prices do not include taxes, shipping charges, handling fees, customs duties, import charges, or other applicable fees. You are responsible for all applicable charges associated with your purchase.

Prices posted in our online store may differ from prices offered in other stores, platforms, marketplaces, or third-party websites. From time to time, we may offer promotions that are governed by separate terms and conditions. If there is a conflict between promotion terms and these Terms, the promotion terms will govern.

You agree to provide current, complete, and accurate purchase, payment, billing, and account information for all purchases made through the Services. You agree to promptly update your information, including your email address, payment card details, and expiration dates, so that we can complete transactions and contact you as needed.

You represent and warrant that:

1. The payment information you provide is true, correct, and complete;

2. You are duly authorized to use the payment method provided;

3. Charges incurred by you will be honored by your payment provider; and

4. You will pay all charges incurred by you at the posted prices, including shipping, handling, taxes, and other applicable fees.

SECTION 5 – SHIPPING AND DELIVERY

Shipping and delivery times are estimates only and are not guaranteed. We are not liable for shipping or delivery delays caused by shipping carriers, customs processing, incorrect shipping information, weather, force majeure events, or circumstances outside our reasonable control.

Once products are transferred to the shipping carrier, title and risk of loss pass to you, unless otherwise required by applicable law. You are responsible for providing complete and accurate shipping information.

Avyroa is not responsible for lost, delayed, returned, or undeliverable packages caused by incorrect or incomplete information provided by you.

SECTION 6 – INTELLECTUAL PROPERTY

The Services, including but not limited to all trademarks, brand names, text, images, graphics, product reviews, videos, audio, page designs, layouts, features, and the selection and arrangement thereof, are owned by Avyroa, its affiliates, licensors, or service providers and are protected by applicable intellectual property laws.

These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, transmit, sell, license, or otherwise exploit any material from the Services without our prior written consent.

Except as expressly provided in these Terms, nothing grants or shall be construed as granting any license or right to you under any patent, trademark, copyright, trade secret, or other intellectual property right of Avyroa, Shopify, or any third party.

Avyroa’s names, logos, product names, service names, designs, and slogans are trademarks of Avyroa or its affiliates or licensors. You must not use such marks without the prior written permission of Avyroa. Shopify’s name, logo, product names, service names, designs, and slogans are trademarks of Shopify. All other names, logos, product names, service names, designs, and slogans on the Services are the trademarks of their respective owners.

SECTION 7 – OPTIONAL TOOLS

We may provide you with access to tools, features, or services offered by third parties. We neither monitor nor have control over such third-party tools.

You acknowledge and agree that we provide access to such tools “as is” and “as available,” without warranties, representations, or conditions of any kind and without endorsement. We shall have no liability arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the Services is entirely at your own risk and discretion. You should ensure that you understand and agree to the terms provided by the relevant third-party provider.

We may also offer new features, tools, or resources through the Services in the future. Such new features shall also be deemed part of the Services and subject to these Terms.

SECTION 8 – THIRD-PARTY LINKS

The Services may contain materials, links, or embedded functionality provided by third parties. We are not responsible for examining or evaluating the content, accuracy, policies, products, services, or practices of any third-party website or resource.

If you decide to leave the Services to access third-party websites or materials, you do so at your own risk.

We are not liable for any harm, loss, or damages related to your access to third-party websites or your purchase or use of any third-party products, services, resources, or content. Please review third-party policies and practices carefully before engaging in any transaction.

Complaints, claims, concerns, or questions regarding third-party products or services should be directed to the applicable third party.

SECTION 9 – RELATIONSHIP WITH SHOPIFY

Avyroa is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our store are made directly with Avyroa.

By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales or transactions between you and Avyroa, including any injury, damage, loss, claim, or liability resulting from products or services purchased from Avyroa.

You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Avyroa.

SECTION 10 – PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy. Certain personal information may also be subject to Shopify’s Privacy Policy.

By using the Services, you acknowledge that you have read and understood these privacy policies.

Because the Services are hosted by Shopify, Shopify may collect and process personal information about your access to and use of the Services in order to provide and improve the Services. Information you submit through the Services may be transmitted to and shared with Shopify and other third-party service providers, which may be located in countries other than where you reside.

Please review our Privacy Policy for more details about how Avyroa, Shopify, and our partners collect, use, disclose, and process your personal information.

SECTION 11 – FEEDBACK

If you submit, upload, post, email, review, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, photos, videos, or other content, collectively “Feedback,” you grant Avyroa a perpetual, worldwide, sublicensable, transferable, royalty-free license to use, reproduce, modify, publish, translate, distribute, display, and otherwise exploit such Feedback in any medium for any purpose, including commercial, marketing, promotional, and operational purposes.

You represent and warrant that:

1. You own or have all necessary rights to your Feedback;

2. Your Feedback does not violate the rights of any third party;

3. You have disclosed any compensation or incentives received in connection with your Feedback; and

4. Your Feedback complies with these Terms.

We are not obligated to maintain Feedback in confidence, pay compensation for Feedback, or respond to Feedback.

We may, but have no obligation to, monitor, edit, or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, obscene, abusive, misleading, or otherwise objectionable, or that violates any party’s intellectual property rights or these Terms.

You are solely responsible for any Feedback you provide and its accuracy. We take no responsibility and assume no liability for Feedback posted by you or any third party.

SECTION 12 – ERRORS AND OMISSIONS

Occasionally there may be information on or through the Services that contains typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times, availability, or other matters.

We reserve the right to correct any errors, inaccuracies, or omissions and to change, update, or cancel orders if any information is inaccurate at any time without prior notice, including after you have submitted your order.

SECTION 13 – PROHIBITED USES

You may access and use the Services for lawful purposes only. You agree not to access or use the Services, directly or indirectly:

1. For any unlawful, fraudulent, abusive, or malicious purpose;

2. To violate any international, federal, provincial, state, or local law, regulation, rule, or ordinance;

3. To infringe upon or violate our intellectual property rights or the intellectual property rights of others;

4. To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate against any person;

5. To transmit false or misleading information;

6. To upload, transmit, or distribute viruses, malware, or any other harmful code;

7. To send spam, junk mail, chain letters, phishing messages, or unauthorized promotional materials;

8. To impersonate any person or entity;

9. To collect, track, or misuse personal information of others;

10. To scrape, crawl, spider, or otherwise extract data from the Services without authorization;

11. To interfere with or circumvent the security features of the Services; or

12. To engage in conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or that may harm Avyroa, Shopify, or users of the Services.

We reserve the right to suspend, disable, or terminate your account or access to the Services at any time, without notice, if we determine that you have violated any part of these Terms.

SECTION 14 – TERMINATION

We may terminate these Terms or your access to the Services, or any part thereof, in our sole discretion at any time without notice. You will remain liable for all amounts due up to and including the date of termination.

The provisions relating to intellectual property, Feedback, termination, disclaimer of warranties, limitation of liability, indemnification, severability, waiver, entire agreement, assignment, governing law, dispute resolution, privacy, and any other provisions that by their nature should survive termination will continue to apply after termination.

SECTION 15 – DISCLAIMER OF WARRANTIES

The information presented on or through the Services is made available for general information purposes only. We do not warrant the accuracy, completeness, reliability, or usefulness of such information. Any reliance you place on such information is strictly at your own risk.

Except as expressly stated by Avyroa, the Services and all products offered through the Services are provided “as is” and “as available,” without any representations, warranties, or conditions of any kind, either express or implied.

To the fullest extent permitted by law, we disclaim all warranties and conditions, including implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

We do not guarantee, represent, or warrant that your use of the Services will be uninterrupted, timely, secure, accurate, or error-free.

Some jurisdictions limit or do not allow the disclaimer of implied warranties, so some of the above disclaimers may not apply to you.

SECTION 16 – LIMITATION OF LIABILITY

To the fullest extent permitted by law, in no case shall Avyroa, our partners, directors, officers, employees, affiliates, agents, contractors, service providers, licensors, Shopify, or Shopify’s affiliates be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, exemplary, or consequential damages of any kind.

This includes, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, personal injury, property damage, or similar damages, whether based in contract, tort, negligence, strict liability, or otherwise, arising from your use of the Services or any products purchased through the Services.

This limitation applies even if we have been advised of the possibility of such damages.

SECTION 17 – INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Avyroa, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, service providers, and suppliers from any losses, damages, liabilities, claims, costs, or expenses, including reasonable attorneys’ fees, payable to any third party due to or arising out of:

1. Your breach of these Terms or any documents incorporated by reference;

2. Your violation of any law or the rights of a third party;

3. Your Feedback; or

4. Your access to or use of the Services.

We may control the defense and settlement of any indemnifiable claim at your expense, including choice of counsel, provided that we will not settle any claim requiring non-monetary obligations from you without your consent, which shall not be unreasonably withheld.

You agree to cooperate in the defense of indemnified claims, including by providing relevant documents and information.

SECTION 18 – SEVERABILITY

If any provision of these Terms is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law.

The unenforceable portion shall be deemed severed from these Terms, and such determination shall not affect the validity and enforceability of any remaining provisions.

SECTION 19 – WAIVER; ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

These Terms and any policies or operating rules posted by us on the Services constitute the entire agreement and understanding between you and Avyroa and govern your use of the Services, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written.

Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

SECTION 20 – ASSIGNMENT

You may not delegate, transfer, or assign these Terms or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be null and void.

We may transfer, assign, or delegate these Terms and our rights and obligations without your consent or notice.

SECTION 21 – GOVERNING LAW AND DISPUTE RESOLUTION

These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region.

Any dispute, controversy, difference, or claim arising out of or relating to these Terms, including the existence, validity, interpretation, performance, breach, or termination thereof, shall be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre, also known as HKIAC.

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, collective, or representative action.

SECTION 22 – HEADINGS

The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 23 – CHANGES TO TERMS

You can review the most current version of these Terms at any time on this page.

We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms by posting updates and changes to our website.

It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will be effective on the date specified in the notice.

Your continued use of or access to the Services following the posting of any changes to these Terms constitutes acceptance of those changes.

SECTION 24 – CONTACT INFORMATION

Questions about these Terms should be sent to us at:

Email: support@avyroa.com

Customer Service: (938) 786-3585

Business Address: 4803 Red Brush Dr, McLeansville, NC, 27301-9314