Terms of Service - Old

Avalon maintains the Avalonh2o.ca Website ("Site"). The following are the terms of use that govern use of the Site ("Terms of Use"). By using the Site you expressly agree to be bound by these Terms of Use and the Avalonh2o.ca privacy policy and to follow these Terms of Use and all applicable laws and regulations governing use of the Site. Avalonh2o.ca reserves the right to change these Terms of Use at any time, effective immediately upon posting on the Site. Please check this page of the Site periodically. We will note when there are updates to the Terms of Use at the bottom of the Terms of Use. If you violate these Terms of Use, Avalonh2o.ca may terminate your use of the Site, bar you from future use of the Site, and/or take appropriate legal action against you.

Limited License. You are granted a limited, non-exclusive, revocable and non-transferable license to utilize and access the Site pursuant to the requirements and restrictions of these Terms of Use. Avalonh2o.ca may change, suspend, or discontinue any aspect of the Site at any time. Avalonh2o.ca may also, without notice or liability, impose limits on certain features and services or restrict your access to all or portions of the Site. You shall have no rights to the proprietary software and related documentation, if any, provided to you in order to access the Site. Except as provided in the Terms of Use, you shall have no right to directly or indirectly, own, use, loan, sell, rent, lease, license, sub-license, assign, copy, translate, modify, adapt, improve, or create any new or derivative works from, or display, distribute, perform, or in any way exploit the Site, or any of its contents (including software) in whole or in part.

Permitted Use. You agree that you are only authorized to visit, view and to retain a copy of pages of this Site for your own personal use, and that you shall not duplicate, download, publish, modify or otherwise distribute the material on this Site for any purpose other than for personal use, unless otherwise specifically authorized by Avalonh2o.ca to do so. You also agree not to deep-link to the site for any purpose, unless specifically authorized by Avalonh2o.ca to do so. The content and software on this Site is the property of Avalonh2o.ca and is protected by U.S. and international copyright laws.

Representations By You. By visiting the Site, you represent, warrant and covenant that (a) you are at least 13 years old; (b) that you are a resident of Canada; and (c) that all materials of any kind submitted by you to Avalonh2o.ca through the Site or for inclusion on the Site will not plagiarize, violate or infringe upon the rights of any third-party including trade secret, copyright, trademark, trade dress, privacy, patent, or other personal or proprietary rights.

No Commercial Use. This Site may not be used by you for any commercial purposes such as to conduct sales of merchandise or services of any kind. You must obtain Avalonh2o.ca's prior written consent to make commercial offers of any kind on the Site, whether by advertising, solicitations, links, or any other form of communication. Avalonh2o.ca will investigate and take appropriate legal action against anyone who violates this provision, including without limitation, removing the offending communication from the Site and barring such violators from use of the Site.

Copyright Policy. Avalonh2o.ca may terminate the privileges of any user who uses this Site to unlawfully transmit copyrighted material without a license, express consent, valid defense or fair use exemption to do so. If you submit information to this Site, you warrant that the information does not infringe the copyrights or other rights of third parties.

The On-line Materials are and will remain the exclusive property of Avalonh2o.ca. All rights, titles and interests in and to the On-line Materials will be and remain vested solely in Avalonh2o.ca. Under no circumstances will you have any right, directly or indirectly, to own, use, copy, loan, sell, rent, lease, license, sub license, redistribute, assign or otherwise convey the On-line Materials, or any rights thereto, except as expressly and specifically provided in the Terms of Use. Nothing in these Terms of Use will convey to you any right, title or interest, except that of a license with the express rights and subject to all limitations herein. Nothing in these Terms of Use grants you the right, directly or indirectly, to use the On-line Materials to create a product for resale or to use the On-line Materials in any way that competes with Avalonh2o.ca.

You acknowledge and agree that Avalonh2o.ca will own all rights, titles and interests in and to any copy, translation, modification, adaptation, derivative work or improvement of the On-line Materials made by or for you. At Avalonh2o.ca's request, you must execute, or obtain the execution of, any instrument that may be necessary to assign these rights, titles or interests to Avalonh2o.ca or perfect these rights, titles or interests in Avalonh2o.ca’s name.

Disclaimer of Warranty, Limitation of Damages. Avalonh2o.ca MAKES NO WARRANTY OR REPRESENTATION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTY OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS IN RELATION TO THE AVAILABILITY, ACCURACY, VALIDITY, RELIABILITY OR CONTENT OF THESE PAGES AND/OR THE SITE. Avalonh2o.ca ALSO DOES NOT MAKE ANY REPRESENTATION OR WARRANTY REGARDING THE ACCURACY OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION THAT IS SUBMITTED, DISPLAYED OR UPLOADED THROUGH THE SITE BY ANY USER. Avalonh2o.ca SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR FOR BUSINESS INTERRUPTION ARISING OUT OF THE USE OF OR INABILITY TO USE THIS SITE, EVEN IF Avalonh2o.ca HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF CERTAIN WARRANTIES OR LIMITATIONS OF LIABILITY, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THE LIABILITY OF Avalonh2o.ca WOULD IN SUCH CASE BE LIMITED TO THE GREATEST EXTENT OF LIABILITY PERMITTED BY LAW.

Violation of the Terms of Use. You understand and agree that in Avalonh2o.ca’s sole discretion, and without prior notice, Avalonh2o.ca may terminate your access to the Site, or exercise any other remedy available and remove any unauthorized user information, if Avalonh2o.ca believes that the information you provide has violated or is inconsistent with these Terms of Use, or violates the rights of Avalonh2o.ca, or any third party, or violates the law. You agree that monetary damages may not provide a sufficient remedy to Avalonh2o.ca for violations of these Terms of Use and you consent to injunctive or other equitable relief for such violations. Avalonh2o.ca may release user information about you if required by law or subpoena.

Applicable Law. The Laws of the State of New Jersey shall govern the use of the Site and the Terms of Use, without regards to conflict of laws principals. All disputes arising in connection therewith shall be heard only by a court of competent jurisdiction in Kings County, New York.

Indemnity. You agree to indemnify and hold Avalonh2o.ca, its subsidiaries, affiliates, officers, agents and other partners and employees, harmless from any loss, liability, claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of or relating to your use of the Site, including also your use of the Site to provide a link to another site or to upload content or other information to the Site, or your breach of the Terms of Use.

License Granted by You. By providing materials to Avalonh2o.ca, including by submitting or uploading content or materials for use on the Site you represent and warrant that you or the owner of all rights to such content or materials has expressly granted Avalonh2o.ca an irrevocable world-wide right in all languages and in perpetuity to use and exploit all or any part of the content and materials provided by you. Avalonh2o.ca may publish and distribute any such submitted content or materials at its sole discretion by any method now existing or later developed. You agree that you shall waive all claims and have no recourse against Avalonh2o.ca for any alleged or actual infringement or misappropriation of any proprietary rights in any communication, content or material submitted to Avalonh2o.ca. Any communication or materials you send to Avalonh2o.ca will be treated as non-confidential and non-proprietary and may be disseminated or caused by Avalonh2o.ca for any purpose, including, but not limited to, developing, creating, manufacturing or marketing products or services.

Advertising. The Site may contain advertisements and/or sponsorships. The advertisers and/or sponsors that provide these advertisements and sponsorships are solely responsible for insuring that the materials submitted for inclusion on the Site are accurate and comply with all applicable laws. Avalonh2o.ca is not responsible for the acts or omissions of any advertiser or sponsor.

Purchases are also governed by the terms and conditions of Authorize.net. Please review Authorize.net’s user agreement and privacy policy before entering any transaction. Interpretation. These Terms of Use supersede all other written and oral communications or agreements with regard to the subject matters discussed in these Terms of Use. A waiver or modification of these Terms of Use will only be effective if made in writing signed by an authorized officer of Avalonh2o.ca. Severability. If any provision of the Terms of Use is held to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force and effect.

All orders are subject to additional review and possible cancellation prior to shipment. Avalonh2o.ca reserves the right, with or without prior notice: to limit the available quantity of or discontinue any product or service; to impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotions; to bar any user from making any or all transaction(s); and or to refuse to provide any user with product or service.

Headings. Section titles in this Agreement are for convenience and do not define, limit, or extend any provision of this Agreement.