Welcome to Ayaazone.com ("Ayaazone"). Ayaazone provides its services subject to the following conditions and by using Ayaazone Services, you agree to these terms and conditions. Please read them carefully.
ELECTRONIC COMMUNICATIONS
When you use Ayaazone Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other Ayaazone Services, such as our Message Center, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
COPYRIGHT
All content included in or made available through any Ayaazone Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of Ayaazone or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any Ayaazone Service is the exclusive property of Ayaazone and protected by U.S. and international copyright laws.
TRADEMARKS
In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Ayaazone Service are trademarks Ayaazone in the U.S. and other countries. Ayaazone's trademarks may not be used in connection with any product or service that is not Ayaazone's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Ayaazone. All other trademarks not owned by Ayaazone that appear in any Ayaazone Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Ayaazone.
LICENSE AND ACCESS
Subject to your compliance with these Conditions of Use and any Service Terms, and your payment of any applicable fees, Ayaazone or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Ayaazone Services. This license does not include any resale or commercial use of any Ayaazone Service, its contents, or the contents of submerchants licensed for use by Ayaazone; any collection and use of any product listings, descriptions, or prices; any derivative use of any Ayaazone Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by Ayaazone or its licensors, suppliers, publishers, rightsholders, or other content providers. No Ayaazone Service, nor any part of any Ayaazone Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Ayaazone. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Ayaazone without express written consent. You may not use any meta tags or any other "hidden text" utilizing Ayaazone's name or trademarks without the express written consent of Ayaazone. You may not misuse the Ayaazone Services. You may use the Ayaazone Services only as permitted by law. The licenses granted by Ayaazone terminate if you do not comply with these Conditions of Use or any Service Terms.
YOUR ACCOUNT
You may need your own Ayaazone account to use certain Ayaazone Services, and you may be required to be logged in to the account and have a valid payment method associated with it. If there is a problem charging your selected payment method, we may charge any other valid payment method associated with your account. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. Ayaazone does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the Ayaazone Services only with involvement of a parent or guardian. Any unauthorized use by a person under the age of 18 should be reported to inquiry@ayaazone.com. Ayaazone reserves the right to monitor your account on an ongoing basis, refuse service, terminate your account, terminate your rights to use Ayaazone Services, remove or edit content, or cancel orders in its sole discretion.
PRIVACY
Please review our Privacy Notice, which also governs your use of Ayaazone Services, to understand our practices.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
You may post reviews, comments, photos, videos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Ayaazone reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant Ayaazone a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Ayaazone and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Ayaazone for all claims resulting from content you supply. Ayaazone has the right but not the obligation to monitor and edit or remove any activity or content. Ayaazone takes no responsibility and assumes no liability for any content posted by you or any third party.
EXCLUSIVITY
By creating and using an Ayaazone account, You agree not to sell to any Ayaazone Merchant, Consumer, Employee, Contractor, or user outside of the Ayaazone system. You agree not to solicit or contact any Ayaazone Merchant, Consumer, Employee, Contractor, or user for business unrelated to your use of Ayaazone.
INTELLECTUAL PROPERTY COMPLAINTS
Ayaazone respects the intellectual property of others. If you believe that your intellectual property rights are being infringed, please notify us at inquiry@ayaazone.com
RISK OF LOSS
All purchases of physical items from Ayaazone are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
RETURNS, REFUNDS AND TITLE
Ayaazone does not take title to returned items until the item arrives at our fulfillment center. All purchases from Ayaazone.com Inc. are subject to the stated return policy of Ayaazone. All purchases from a submerchant of Ayaazone.com are subject to the submerchant’s return policy as stated on their submerchant page.
PRODUCT DESCRIPTIONS
Ayaazone attempts to be as accurate as possible. However, Ayaazone does not warrant that product descriptions or other content of any Ayaazone Service is accurate, complete, reliable, current, or error-free. If a product offered by Ayaazone itself is not as described, your sole remedy is to return it in unused condition.
PRICING
"List Price" means the suggested retail price of a product as provided by a manufacturer, supplier, or seller. We regularly check List Prices against prices recently found on Ayaazone and other retailers. With respect to items sold by Ayaazone, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by Ayaazone is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Other merchants may follow different policies in the event of a mispriced item.
We generally do not charge your credit card until after your order has entered the shipping process or, for digital products, until we make the digital product available to you.
SANCTIONS AND EXPORT POLICY
You may not use any Ayaazone Service if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using Ayaazone Services. You must comply with all U.S. or other export and re-export restrictions that may apply to goods, software, technology, and services.
OTHER BUSINESSES
Parties other than Ayaazone operate stores, provide services or software, or sell product lines through the Ayaazone Services. If you purchase any of the products or services offered by these businesses or individuals, you are purchasing directly from those third parties, not from Ayaazone. We are not responsible for examining or evaluating, and we do not warrant, the offerings of any of these businesses or individuals (including the content of their Web sites). Ayaazone does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
The ayaazone services and all information, content, materials, products (including software) and other services included on or otherwise made available to you through the ayaazone services are provided by ayaazone on an "as is" and "as available" basis, unless otherwise specified in writing. Ayaazone makes no representations or warranties of any kind, express or implied, as to the operation of the ayaazone services, or the information, content, materials, products (including software) or other services included on or otherwise made available to you through the ayaazone services, unless otherwise specified in writing. You expressly agree that your use of the ayaazone services is at your sole risk.
To the full extent permissible by law, ayaazone disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Ayaazone does not warrant that the ayaazone services, information, content, materials, products (including software) or other services included on or otherwise made available to you through the ayaazone services, ayaazone's servers or electronic communications sent from ayaazone are free of viruses or other harmful components. To the full extent permissible by law, ayaazone will not be liable for any damages of any kind arising from the use of any ayaazone service, or from any information, content, materials, products (including software) or other services included on or otherwise made available to you through any ayaazone service, including, but not limited to direct, indirect, incidental, punitive, and consequential damages, unless otherwise specified in writing.
DISPUTES
Any dispute or claim relating in any way to your use of any Ayaazone Service, or to any products or services sold or distributed by Ayaazone or through Ayaazone.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim care of our Legal Department at the address stated under Our Address. Arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
DAMAGES
Neither party be responsible for consequential, liquidated, punitive, special damages for claims arising from a breach of this contract, except as explicitly required by law.
APPLICABLE LAW
By using any Ayaazone Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the State of Illinois, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Ayaazone.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies posted on this site. These policies also govern your use of Ayaazone Services. We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
OUR ADDRESS
Ayaazone.com Inc.
15751 Annico Dr. Unit 3
Homer Glen, IL 60491
THIRD PARTY SERVICES
When you use the Ayaazone Software, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile software provider. Your use of these third party services may be subject to the separate policies, terms of use, and fees of these third parties