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Avozar Swag Website Terms of Use

Legal Information & Notices

Ownership of Site; Agreement to Terms of Use

These Terms and Conditions of Use (the “Terms of Use”) apply to the Avozar Swag LLC web site located at www.avozarswag.com, and all associated sites linked to www.avozarswag.com by Avozar Swag LLC, its subsidiaries, and affiliates (collectively, the “Site”). Avozar Swag is a brand by Avozar LLC. The Site is the property of Avozar LLC (“Avozar Design Agency”) and its licensors. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.

Avozar Swag reserves the right, at its sole discretion, to change, modify, add, or remove portions of these Terms of Use at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, Avozar Swag grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

Content

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to Avozar LLC, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without Avozar LLC’s express prior written consent.

You may use information on Avozar LLC products and services (such as data sheets, technical specifications, and similar materials) purposely made available by Avozar LLC for downloading from the Site, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.

Your Use of the Site

You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. Avozar Swag LLC reserves the right to bar any such activity.

You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Avozar Swag LLC server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.

You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of Avozar Swag LLC, including any account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Avozar Swag LLC’s systems or networks, or any systems or networks connected to the Site.

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Avozar Swag LLC on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Avozar Swag LLC or others.

Procurement and Supplemental Agreements

Additional provisions and specialized terms may apply to the purchase of goods or services, as well as to specific features or sections of the Site, such as promotional campaigns or high-volume production agreements. All such terms are incorporated into these Terms of Use by reference. You agree to comply with these supplemental agreements, including maintaining the legal age required to engage in such transactions or services. In the event of a conflict between these general Terms of Use and the specific terms established for a particular service or section of the Site, the service-specific terms shall govern your use of that area.

Avozar LLC maintains the right to modify any service offerings, product availability, or established pricing presented on the Site at any time and without prior notification. While we strive for accuracy, certain materials regarding our services or products may become outdated; Avozar LLC is under no obligation to provide real-time updates to every material found on the Site.

To ensure transparency in our operations, the following specialized policies also govern your engagement with the Site and are included herein:

  • Technical Production & Artwork Standards

  • Financial Obligations & Deposit Structures

  • Logistics, Shipping, and Final Delivery

  • Intellectual Property & Content Ownership

These policies are subject to periodic revision and shall become effective immediately upon their publication to the Site.

User Accounts, Security, and Payment Processing

Accessing certain features or services offered through the Site may require the creation of a user account. You are entirely responsible for maintaining the confidentiality of your account credentials, including your password, and for any activity that occurs under your account as a result of your failure to keep this information secure and private. You agree to notify Avozar Swag LLC immediately of any unauthorized use of your account or any other breach of security.

To ensure the highest level of security for financial transactions, Avozar Swag LLC utilizes Stripe for all e-commerce and payment processing. By conducting a transaction on the Site, you acknowledge that your payment information is processed directly by this third-party provider. Avozar Swag LLC does not store full credit card numbers or sensitive financial authentication data on our local servers. You agree to comply with Stripe’s terms of service and privacy policies during the checkout process.

Avozar Swag LLC cannot and will not be liable for any loss or damage arising from your failure to comply with these security obligations or for any technical issues originating from third-party payment gateways. You may be held liable for losses incurred by Avozar Swag LLC or any other user of or visitor to the Site due to someone else using your account information as a result of your failure to keep your account secure.

Privacy

Avozar Swag LLC’s Privacy Policy applies to the use of this Site, and its provisions are incorporated into these Terms of Use by this reference. By using the Site, you acknowledge and agree that transmissions over the Internet are never entirely private or secure. You understand that any communication or data you transmit to the Site may be read or intercepted by third parties, notwithstanding any specific notice that a particular transaction—such as the encrypted processing of credit card information through Stripe—is protected.

Links to Other Sites and to the Avozar Swag LLC Site

This Site may contain links to other independent third-party Web sites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under the control of Avozar Swag LLC, and Avozar Swag LLC is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.

Disclaimers

AVOZAR SWAG LLC DOES NOT GUARANTEE THAT THE SITE, OR ANY OF ITS CONTENT, SERVICES, OR FUNCTIONALITIES, WILL OPERATE WITHOUT ERRORS OR INTERRUPTIONS, OR THAT ANY IDENTIFIED FLAWS WILL BE RECTIFIED. WE DO NOT WARRANT THAT YOUR ENGAGEMENT WITH THE SITE WILL YIELD SPECIFIC OUTCOMES. THE SITE AND ITS ENTIRE CONTENT ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL DATA AND INFORMATION PRESENTED ARE SUBJECT TO MODIFICATION AT ANY TIME WITHOUT PRIOR NOTIFICATION. AVOZAR SWAG LLC CANNOT ASSURE THAT FILES OR DATA ACCESSED OR DOWNLOADED FROM THE SITE WILL BE DEVOID OF VIRUSES, MALWARE, OR OTHER HARMFUL ATTRIBUTES.

AVOZAR SWAG LLC DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY, AND SUITABILITY FOR A PARTICULAR PURPOSE. WE FURTHER DISCLAIM ANY RESPONSIBILITY FOR THE ACTIONS, OMISSIONS, OR CONDUCT OF THIRD-PARTY ENTITIES IN RELATION TO YOUR USE OF THE SITE OR ANY SERVICES PROVIDED BY AVOZAR SWAG LLC. YOU ACCEPT FULL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY ACCESSIBLE LINKED SITES. YOUR EXCLUSIVE RECOURSE AGAINST AVOZAR SWAG LLC FOR ANY DISSATISFACTION WITH THE SITE OR ITS CONTENT IS TO CEASE ALL USE OF THE SITE. THIS LIMITATION OF REMEDY IS A FUNDAMENTAL ELEMENT OF THE AGREEMENT BETWEEN THE PARTIES.

The disclaimers stated above apply to any damages, liabilities, or injuries resulting from performance failures, technical errors, omissions, service interruptions, data deletions, operational delays, transmission defects, computer viruses, connectivity failures, or the unauthorized access, alteration, or use of records—whether arising from breach of contract, negligence, tort, or any other legal theory.

Avozar Swag LLC reserves the authority to perform any of the following actions at our discretion and without notice:

  1. To alter, suspend, or terminate the operation of or access to the Site, or any specific segment of the Site, for any reason;

  2. To revise or update the Site, its features, or any governing policies and terms; and

  3. To temporarily halt Site operations as required for routine or emergency maintenance, bug fixes, or structural modifications.

Indemnity

You agree to indemnify and hold Avozar Swag LLC, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries, and affiliates, harmless from any demands, losses, liabilities, claims, or expenses (including reasonable attorneys’ fees) brought against Avozar Swag LLC by any third party resulting from, or in connection with, your use of the Site or our production services. This includes, but is not limited to, any legal actions arising from the content of the artwork you submit for production or any breach of these Terms of Use.

Violation of These Terms of Use

Avozar Swag LLC may disclose any information we hold regarding your identity or communications if we determine such disclosure is essential to an investigation or complaint concerning your use of the Site. This applies to identifying, contacting, or initiating legal proceedings against individuals who may be causing injury—whether intentional or accidental—to the rights or property of Avozar Swag LLC, our visitors, or our customers. We reserve the right to disclose any data necessary to satisfy applicable laws, regulations, or government requests, including the exchange of information with other entities for the purpose of fraud prevention and credit risk reduction.

You acknowledge that Avozar Swag LLC may preserve any communication or transmittal made through the Site and may disclose such data if legally mandated or if we believe preservation is reasonably necessary to (1) comply with legal processes, (2) enforce these Terms of Use, (3) respond to claims that your data infringes upon the rights of others, or (4) protect the safety and property of Avozar Swag LLC, our employees, and the public.

You agree that Avozar Swag LLC may, at our sole discretion and without prior notification, terminate your access to the Site or block future access if we determine you have breached these Terms of Use or other associated agreements. Any violation of these terms constitutes an unfair and unlawful business practice that causes irreparable harm to Avozar Swag LLC for which financial compensation would be insufficient; therefore, you consent to our seeking injunctive or equitable relief as deemed necessary. These remedies are supplementary to any other legal or equitable recourses available to us.

Furthermore, Avozar Swag LLC may terminate your access for cause without notice, including but not limited to: (1) formal requests by law enforcement or government bodies, (2) self-initiated account deletion requests, (3) the discontinuation or significant modification of the Site or its services, or (4) unforeseen technical complications.

In the event that Avozar Swag LLC initiates legal action against you for a violation of these Terms of Use, we shall be entitled to recover, and you agree to pay, all reasonable attorneys’ fees and associated costs, in addition to any other relief granted. You agree that Avozar Swag LLC shall not be liable to you or any third party for the termination of your access resulting from a violation of these Terms of Use.

Governing Law; Dispute Resolution

You agree that all matters regarding your access to or interaction with the Site, including any related disputes, shall be governed by the laws of the United States and the laws of the State of California, without regard to its conflict of law principles. You hereby submit to the personal jurisdiction and venue of the state and federal courts located in Los Angeles County, California, and waive any objections to such jurisdiction or venue.

Any claim arising under these Terms of Use must be initiated within one (1) year from the date the cause of action occurs; otherwise, such claim or cause of action is permanently barred. This specific time limitation does not apply to claims governed by separate terms and conditions of purchase for goods and services. Recovery for damages shall be limited to actual out-of-pocket expenses, with the exception that the prevailing party shall be entitled to reimbursement for all costs and reasonable attorneys’ fees.

In the event of a disagreement or dispute between Avozar Swag LLC and you arising from your use of the Site, both parties shall endeavor to resolve the matter promptly and in good faith. If a resolution cannot be reached within thirty (30) days, either party may elect to submit the dispute to formal mediation. If mediation fails to resolve the controversy, both parties remain free to pursue any rights or legal remedies available under the governing law.

Void Where Prohibited

Avozar Swag LLC manages and operates the Site from its headquarters in Los Angeles, California, USA. Although the Site is accessible worldwide, not all features, products, or services discussed, referenced, or provided through the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. Avozar Swag LLC reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product, or service to any person or geographic area. Any offer for any feature, product, or service made on the Site is void where prohibited. If you choose to access the Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.

Miscellaneous

You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.

In the event that any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect.

These Terms of Use constitute the entire agreement between you and Avozar Swag LLC with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and Avozar Swag LLC with respect to such use are hereby superseded and cancelled. Other than as provided in a purchase agreement you enter into with Avozar Swag LLC, Avozar Swag LLC will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected.

Avozar Swag LLC’s failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by Avozar Swag LLC of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between Avozar Swag LLC and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.

The information contained in this web site is subject to change without notice.
Copyright © 2010 Avozar LLC. All rights reserved.
Avozar LLC, 100 Wishire Blvd. 700, Santa Monica, CA 90401, USA.
Updated by The Avozar Team on Nov. 20, 2024