Terms and Conditions of Use
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
By using or downloading information from this website, you represent that you have read and understand these Terms and Conditions of Use and agree to be bound by them. If you do not agree with these Terms and Conditions of Use, in whole or in part, please do not continue to use this website.
MercAsia USA, LTD, doing business as Aervana (“aervana.com,” “Aervana,” “us,” “we” or “our”) may modify these Terms and Conditions of Use at any time and without notice, by updating this page. Please check this page periodically for changes since your continued use of this website following the posting of changes will indicate your acceptance of those changes.
Last Modified: March 24, 2015
- Website Use
Welcome to the www.aervana.com website (the “Website”). The purpose of the Website is to learn about Aervana™ products offered by Aervana, purchase these products for personal use, and/or learn how to contact Aervana for other manners related to partnerships in retail or distribution.Aervana has the right to cancel, refund, and/or not fulfill any orders placed on the Website for any reason, at any time. Aervana strictly prohibits the purchase of products from the Website for the purpose of resale on any third party websites or at third party retail outlets. Aervana reserves the right to cancel and refund any purchase, without fulfilling the order, if it believes or suspects that such purchase violates or may violate this policy.
- Copyright and Restrictions on Use
As between you and aervana.com, you acknowledge that Aervana owns or has license to all title and copyrights in and to the materials and content provided on this site (the “Materials”). All title and intellectual property rights in and to any licensed content provided on this site is the property of the respective content owners and may be protected by applicable copyright or other intellectual property laws and treaties and subject to use restrictions under such laws or treaties. Moreover, the organization and design of the Website are the property of Aervana and are protected by worldwide copyright laws and treaty provisions. Any photos or images herein are the property of their respective owners and use of these images without the express written consent of the owner is prohibited. You may access, print, and make personal use of the Website for the sole purpose of facilitating your personal, non-commercial use and retention of information from the Website. Except for the purpose of page caching and as otherwise explicitly set forth in this paragraph, you may not copy, distribute, republish, modify, display, publicly perform or use the Materials in any manner, without our prior written consent. You may not use spiders and other search robots on the Website. Your use of spiders or search robots in violation of these Terms and Conditions of Use may be a violation of the Computer Fraud and Abuse Act, 18 U.S.C. § 1030 et seq., state or other federal law, and Aervana shall take all actions it deems necessary to enforce its rights.
- Intellectual Property Notice
Nothing contained in these Terms and Conditions of Use shall be construed as conferring any license or right to any trademark or other intellectual property right of Aervana or any other party. Aervana and the stylized “AERVANA” design are registered trademarks of MercAsia USA, LTD. All other trademarks, trade names, service marks and logos displayed throughout this website are the property of MercAsia USA, LTD, licensed by MercAsia USA, LTD, or owned by third parties. You may not display, use as a link, use as a meta tag, or otherwise use any of the trademarks, trade names, service marks and logos displayed throughout the Website without the prior written consent of the owner of the trademark, trade name, service mark and logo.
- Compliance with Law
We control and operate the Website from our offices within the State of Washington, United States of America. Aervana makes no representation that the Materials are appropriate or available for use in other locations. You are solely responsible for compliance with all applicable laws and regulations that may govern your access and use of the Website.
- Other Businesses and Third-Party Links
In an attempt to provide you with increased value, we may include third-party links on our Website. However, we have no control over these linked websites. Each of these websites has its own separate and independent privacy, data collection policies and practices. Aervana is not responsible or liable for the actions, products, or content of these linked websites, as they are provided for your convenience and are to be accessed entirely at your own risk. We do, however, seek to protect the integrity of our Website and welcome any feedback about external links, including information regarding a broken link.
- Social Media Features
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THIS WEBSITE AND THE MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. AERVANA.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THIS WEBSITE OR THE MATERIALS ARE ERROR FREE, WILL OPERATE WITHOUT INTERRUPTION, ARE COMPATIBLE WITH ALL EQUIPMENT AND SOFTWARE CONFIGURATIONS, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR WILL OTHERWISE MEET YOUR NEEDS.Computer systems are vulnerable in varying degrees to computer viruses, bugs, power disruptions, communication line disruptions, Internet access failures, Internet content failures, attacks by hackers and other problems (“E-Problems”). We have taken reasonable steps so that E-Problems will not materially affect our business, but do not guarantee that our Website is immune to E-Problems. It is your responsibility to protect yourself from E-Problems. Steps you may consider taking to mitigate the vulnerability of your computer system to E-Problems include using firewalls, password protection, and anti-virus programs.
- Limitation on Liability
You will indemnify, defend and hold Aervana, including its officers, directors, employees, affiliates, agents, contractors, and licensors, harmless with respect to any suits or claims arising out of (i) your breach of these Terms and Conditions of Use, including, but not limited to, any infringement by you of the copyright or intellectual property rights of any third party; or (ii) your use or misuse of the Website.
The provisions of these Terms and Conditions of Use are intended to be severable. If for any reason any provision of these Terms and Conditions of Use is held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in the jurisdiction where the provision was held to be invalid or unenforceable.
- Age Requirement
The Website is intended for your use only if you are of legal age to purchase alcohol in your country of residence and in the country from which you are accessing the Website. If you do not fall within this category, you may be in breach of laws or regulations applicable in your country of residence or access, and you should leave the Website immediately.You may restrict access to this Website using content filtering software or by changing your computer settings (e.g. browser or operating system), as appropriate.
- General Provisions
If you have any questions about these Terms and Conditions, please contact us at firstname.lastname@example.org, 630-969-3001, or by postal mail at 4513 Lincoln Avenue, Suite 206, Lisle, Illinois 60532-5403 USA.