TERMS OF SERVICE
PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY. BY USING THIS WEBSITE
OR ORDERING PRODUCTS FROM THIS WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE
TERMS AND CONDITIONS OF THIS AGREEMENT.
This Terms of Service Agreement (the “Agreement”) governs your use of this website, www.Avonelectronicsonline.com, Avon Electronics offer of products for purchase on this Website, or your
purchase of products available on this Website. This Agreement includes, and incorporates by this
reference, the policies and guidelines referenced below. Avon Electronics reserves the right to change or
revise the terms and conditions of this Agreement at any time by posting any changes or a revised
Agreement on this Website. Avon Electronics will alert you that changes or revisions have been made by
indicating on the top of this Agreement the date it was last revised. The changed or revised Agreement
will be effective immediately after it is posted on this Website. Your use of the Website following the
posting any such changes or of a revised Agreement will constitute your acceptance of any such
changes or revisions. Avon Electronics encourages you to review this Agreement whenever you visit the
Website to make sure that you understand the terms and conditions governing the use of the Website.
This Agreement does not alter in any way the terms or conditions of any other written agreement you
may have with Avon Electronics for other products or services. If you do not agree to this Agreement
(including any referenced policies or guidelines), please immediately terminate your use of the Website.
If you would like to print this Agreement, please click the print button on your browser toolbar.
Terms of Offer. This Website offers for sale certain products (the “Products”). By placing an order for
Products through this Website, you agree to the terms set forth in this Agreement.
Customer Solicitation: Unless you notify our third-party call center reps or direct Avon Electronics sales
reps, while they are calling you, of your desire to opt out from further direct company communications
and solicitations, you are agreeing to continue to receive further emails and call solicitations Avon
Electronics and its designated in house or third party call team(s).
Opt Out Procedure: We provide 3 easy ways to opt out of from future solicitations.
- You may use the opt-out link found in an email solicitation that you may receive.
- You may also choose to opt out, via sending your email address to: email@example.com
- You may send a written remove request to Circus ground road, Dakshin Gangotri, Supela Bhilai,
Proprietary Rights. Avon Electronics has proprietary rights and trade secrets in the Products. You may
not copy, reproduce, resell or redistribute any Product manufactured and/or distributed by Avon
Electronics. Avon Electronics also has rights to all trademarks and trade dress and specific layouts of
this webpage, including calls to action, text placement, images and other information.
Sales Tax. If you purchase any Products, you will be responsible for paying any applicable sales tax.
Content Intellectual Property Third Party Links. In addition to making Products available, this Website
also offers information and marketing materials. This Website also offers information, both directly and
through indirect links to third-party websites, about nutritional and dietary supplements. Avon Electronics
does not always create the information offered on this Website; instead, the information is often gathered
from other sources. To the extent that Avon Electronics does create the content on this Website, such
content is protected by intellectual property laws of India, foreign nations, and international bodies.
Unauthorized use of the material may violate copyright, trademark, and/or other laws. You acknowledge
that your use of the content on this Website is for personal, non-commercial use. Any links to third-party
websites are provided solely as a convenience to you. Avon Electronics does not endorse the contents
on any such third-party websites. Avon Electronics is not responsible for the content of or any damage
that may result from your access to or reliance on these third-party websites. If you link to third-party
websites, you do so at your own risk.
Use of Website; Avon Electronics is not responsible for any damages resulting from the use of this
website by anyone. You will not use the Website for illegal purposes. You will (1) abide by all applicable
local, state, national, and international laws and regulations in your use of the Website (including laws
regarding intellectual property), (2) not interfere with or disrupt the use and enjoyment of the Website by
other users, (3) not resell material on the Website, (4) not engage, directly or indirectly, in transmission of
“spam”, chain letters, junk mail or any other type of unsolicited communication, and (5) not defame,
harass, abuse, or disrupt other users of the Website
License. By using this Website, you are granted a limited, non-exclusive, non-transferable right to use
the content and materials on the Website in connection with your normal, non-commercial, use of the
Website. You may not copy, reproduce, transmit, distribute, or create derivative works of such content or
information without express written authorization from Avon Electronics or the applicable third party (if
third-party content is at issue).
Posting. By posting, storing, or transmitting any content on the Website, you hereby grant Avon
Electronics a perpetual, worldwide, non-exclusive, royalty-free, assignable, right and license to use,
copy, display, perform, create derivative works from, distribute, have distributed, transmit and assign
such content in any form, in all media now known or hereinafter created, anywhere in the world. Avon
Electronics does not have the ability to control the nature of the user-generated content offered through
the Website. You are solely responsible for your interactions with other users of the Website and any
content you post. Avon Electronics is not liable for any damage or harm resulting from any posts by or
interactions between users. Avon Electronics reserves the right, but has no obligation, to monitor
interactions between and among users of the Website and to remove any content Avon Electronics
deems objectionable, in MuscleUP Nutrition ‘s sole discretion.
III. DISCLAIMER OF WARRANTIES
YOUR USE OF THIS WEBSITE AND/OR PRODUCTS ARE AT YOUR SOLE RISK. THE WEBSITE
AND PRODUCTS ARE OFFERED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Avon Electronics
EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE PRODUCTS OR
WEBSITE CONTENT, OR ANY RELIANCE UPON OR USE OF THE WEBSITE CONTENT OR
PRODUCTS. (“PRODUCTS” INCLUDE TRIAL PRODUCTS.)
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, Avon Electronics MAKES NO
THAT THE INFORMATION PROVIDED ON THIS WEBSITE IS ACCURATE, RELIABLE, COMPLETE,
THAT THE LINKS TO THIRD-PARTY WEBSITES ARE TO INFORMATION THAT IS ACCURATE,
RELIABLE, COMPLETE, OR TIMELY.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THIS
WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PRODUCTS OR THAT
DEFECTS IN PRODUCTS WILL BE CORRECTED.
REGARDING ANY PRODUCTS PURCHASED OR OBTAINED THROUGH THE WEBSITE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME
OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
IV. LIMITATION OF LIABILITY
Avon Electronics ENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDY, IN LAW, IN EQUITY, OR
OTHERWISE, WITH RESPECT TO THE WEBSITE CONTENT AND PRODUCTS AND/OR FOR ANY
BREACH OF THIS AGREEMENT IS SOLELY LIMITED TO THE AMOUNT YOU PAID, LESS SHIPPING
AND HANDLING, FOR PRODUCTS PURCHASED VIA THE WEBSITE.
Avon Electronics WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR
CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR THE PRODUCTS IN
ANY MANNER, INCLUDING LIABILITIES RESULTING FROM (1) THE USE OR THE INABILITY TO
USE THE WEBSITE CONTENT OR PRODUCTS; (2) THE COST OF PROCURING SUBSTITUTE
PRODUCTS OR CONTENT; (3) ANY PRODUCTS PURCHASED OR OBTAINED OR TRANSACTIONS
ENTERED INTO THROUGH THE WEBSITE; OR (4) ANY LOST PROFITS YOU ALLEGE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT
APPLY TO YOU.
You will release, indemnify, defend and hold harmless Avon Electronics, and any of its contractors,
agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims,
damages, costs and expenses, including reasonable attorneys’ fees and expenses, of third parties
relating to or arising out of (1) this Agreement or the breach of your warranties, representations and
obligations under this Agreement; (2) the Website content or your use of the Website content; (3) the
Products or your use of the Products (including Trial Products); (4) any intellectual property or other
proprietary right of any person or entity; (5) your violation of any provision of this Agreement; or (6) any
information or data you supplied to Avon Electronics. When Avon Electronics is threatened with suit or
sued by a third party, Avon Electronics may seek written assurances from you concerning your promise
to indemnify Avon Electronics; your failure to provide such assurances may be considered by Avon
Electronics to be a material breach of this Agreement. Avon Electronics will have the right to participate
in any defense by you of a third-party claim related to your use of any of the Website content or
Products, with counsel of Avon Electronics choice at its expense. Avon Electronics will reasonably
cooperate in any defense by you of a third-party claim at your request and expense. You will have sole
responsibility to defend Avon Electronics against any claim, but you must receive Avon Electronics prior
written consent regarding any related settlement. The terms of this provision will survive any termination
or cancellation of this Agreement or your use of the Website or Products.
Avon Electronics believes strongly in protecting user privacy and providing you with notice of MuscleUP
that is posted on the Website.
VI. AGREEMENT TO BE BOUND
By using this Website or ordering Products, you acknowledge that you have read and agree to be bound
by this Agreement and all terms and conditions on this Website.
Force Majeure. Avon Electronics will not be deemed in default hereunder or held responsible for any
cessation, interruption or delay in the performance of its obligations hereunder due to the earthquake,
flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, or
Cessation of Operation. Avon Electronics may at any time, in its sole discretion and without advance
notice to you, cease operation of the Website and distribution of the Products.
Entire Agreement. This Agreement comprises the entire agreement between you and Avon Electronics
and supersedes any prior agreements pertaining to the subject matter contained herein.
Effect of Waiver. The failure of Avon Electronics to exercise or enforce any right or provision of this
Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is
found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court
should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other
provisions of this Agreement remain in full force and effect.
Governing Law; Durg Court. This Website originates from the Bhilai, Chhattisgarh. This Agreement will
be governed by the laws of the State of Chhattisgarh without regard to its conflict of law principles to the
contrary. Neither you nor Avon Electronics will commence or prosecute any suit, proceeding or claim to
enforce the provisions of this Agreement, to recover damages for breach of or default of this Agreement,
or otherwise arising under or by reason of this Agreement, other than in courts located in State of
Chhattisgarh By using this Website or ordering Products, you consent to the jurisdiction and venue of
such courts in connection with any action, suit, proceeding or claim to arise under or by reason of this
Agreement. You hereby waive any right to trial by jury arising out of this Agreement and any related
Statute of Limitation. You agree that regardless of any statute or law to the contrary, any claim or cause
of action arising out of or related to use of the Website or Products or this Agreement must be filed within
one (1) year after such claim or cause of action arose or be forever barred.
Waiver of Class Action Rights. BY ENTERING INTO THIS AGREEMENT, YOU HEREBY
IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHER IN
THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT
OF, RELATING TO, OR CONNECTION WITH THIS AGREEMENT MUST BE ASSERTED
Termination. Avon Electronics reserves the right to terminate your access to the Website if it reasonably
believes, in its sole discretion, that you have breached any of the terms and conditions of this
Agreement. Following termination, you will not be permitted to use the Website and Avon Electronics
may, in its sole discretion and without advance notice to you, cancel any outstanding orders for Products.
If your access to the Website is terminated, Avon Electronics reserves the right to exercise whatever
means it deems necessary to prevent unauthorized access of the Website. This Agreement will survive
indefinitely unless and until Avon Electronics chooses, in its sole discretion and without advance to you,
to terminate it.
Domestic Use. Avon Electronics makes no representation that the Website or Products are appropriate
or available for use in locations outside India. Users who access the Website from outside India do so at
their own risk and initiative and must bear all responsibility for compliance with any applicable local laws.
Assignment. You may not assign your rights and obligations under this Agreement to anyone. Avon
Electronics may assign its rights and obligations under this Agreement in its sole discretion and without
advance notice to you.
BY USING THIS WEBSITE OR ORDERING PRODUCTS FROM THIS WEBSITE YOU AGREE
TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT