Introduction

These Terms of Use ("Terms") govern your access to and use of the website, operated by AOVtech ("the Company"). Please read these Terms carefully before using the Website.

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Acceptance of the Terms of Use

By accessing or using the Website, you agree to be bound by these Terms and the processing of your data in accordance to our Privacy Policy

If you do not agree with any part of these Terms or the Privacy Policy, you should not use the Website.

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Changes to Terms of Use and Website

The Company reserves the right to modify or replace these Terms at any time. Any changes will be effective immediately upon posting the revised Terms on the Website. Your continued use of the Website after any such changes constitutes your acceptance of the new Terms.

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Your Obligations

1. Use of the Website

1.1. You agree to use the Website only for lawful purposes and in accordance with these Terms. You are solely responsible for all activities conducted through your account.

1.2. You agree not to:

• Use the Website in any way that violates any applicable laws or regulations.

• Use the Website to engage in any fraudulent, abusive, or otherwise illegal activity.

• Use the Website to transmit any viruses, worms, or other harmful code.

• Use any automated means to access the Website or collect information from the Website.

2. Intellectual Property

2.1. The Website and its original content, features, and functionality are owned by the Company and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

2.2. You may not modify, reproduce, distribute, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Website without the prior written consent of the Company.

3. Disclaimer of Warranties

3.1. The Company makes no representations or warranties of any kind, express or implied, regarding the Website or the content contained on the Website. You expressly agree that your use of the Website is at your sole risk.

4. Limitation of Liability

4.1. In no event shall the Company, its affiliates, officers, directors, employees, agents, or licensors be liable for any indirect, incidental, special, consequential, or punitive damages, arising out of or in connection with your use of the Website. The Website is provided to you on an "as is" basis.

4.2. We give no warranty:
 

• that access to the Website will be uninterrupted or error-free;

• that the Website and/or the computer server from which the Website are made available, are free of viruses or other harmful components; or

• the accuracy, content, timeliness, completeness, reliability, quality or suitability of any content contained in or delivered via the Website or otherwise made available in connection with the Website.

You also acknowledge and agree that the operation of the Website is dependent upon the proper and effective functioning of the internet and other third-party equipment and services, and that we do not guarantee and will not be liable for these in any way.

5. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the United States and the Commonwealth of Massachusetts, without regard to its conflict of law provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Worcester County, Massachusetts, and waive any objection to such jurisdiction or venue. The preceding provision regarding venue does not apply if you are a consumer based in the European Union. If you are a consumer based in the European Union, you may make a claim in the courts of the country where you reside. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. Claims made under the separate terms and conditions of purchase for goods and services are not subject to this limitation. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between AOVtech and you arising out of or in connection with your use of the Website, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.

6. Violation of the Terms of Use

6.1. AOVtech may disclose any information on hand about you (including your identity) if it is determined that such disclosure is necessary in connection with any investigation of complaint regarding your use of the website, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) AOVtech's rights or property, or the rights or property of the visitors or users of the website, including customers of AOVtech. AOVtech reserves the right to disclose any information that AOVtech deems necessary to comply with any applicable laws, regulations, legal processes, or governmental requests. AOVtech may disclose your information when AOVtech determines that applicable law requires or permits such disclosure, including exchanging information with other companies or organizations for fraud protection purposes.

6.2. You acknowledge and agree that AOVtech may preserve any transmittal or communication by you with AOVtech through the website or any services provided by the website, and may disclose and data if required to do so by law or AOVtech determines that preservation or disclosure is reasonably necessary to:

• comply with legal processes,

• enforce these Terms of Use,

• respond to claims that any such data violates the rights of others,

• or to protect the rights, property, or personal safety of AOVtech, its employees, users of or visitors of the website, and the public

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6.3. You agree that AOVtech in its sole discretion and without prior notice, terminate your access to the website and/or block your future access to the website if it is determined that the user has violated the Terms of Use or other agreements or guidelines which may be associated with your use of the website. Additionally you agree that any violation by the user of the Terms of Use will constitute an unfair business practice, and will cause irreperable harm to AOVtech, for which monetary damages would be inadequate, you consent to AOVtech obtaining any equitable relief that AOVtech deems appropriate or necessary in such circumstances. These remedies are in addition to any other remedies AOVtech may have at law.

6.4. You agree that AOVtech in its sole discretion and without prior notice, terminate your access to the website, for any cause which includes (but not limited to):

• requests by law enforcement or other governmental agencies,

• a request by you (self initiated deletion)

• discontinuance or material modification of the website or services offered on the website,

• or unexpected technical issues or problems

6.4. If AOVtech does take legal action in response to your violation of the Terms of Use, AOVtech is entitled to recover from you, and you agree to pay all reasonable attorneys' fees and costs associated, in addition to any other relief granted to AOVtech. You agree that AOVtech will not be liable to you or any third party for termination of your access to the website as a result of any violation the Terms of Use. 

7. Entire Agreement

These Terms of Use constitute the entire agreement between you and AOVtech about your use of the Website, and any and all other written or oral agreements or understandings previously existing between you and AOVtech with respect to such use are hereby superseded and cancelled. Other than as provided in a purchase agreement you enter into with AOVtech, AOVtech will not accept any counteroffers to these Terms of Use, and all such offers are hereby categorically rejected. AOVtech’s failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by AOVtech of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between AOVtech 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.

8. Severability

If 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.​

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If you have any questions about these Terms, please contact us at legal@aovtech-usa.com.