Before viewing, browsing, or otherwise using the SPINOZA Services, please read this Agreement carefully. By viewing, browsing, or otherwise using the SPINOZA Services, you acknowledge that you have read, understood, and agree to be bound by this Agreement. If you do not agree to all the terms and conditions of this Agreement, then please do not view, browse, or otherwise use the SPINOZA Services.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
Use of SPINOZA Services
By using the SPINOZA Services, you represent and warrant that you are at least the age of majority in your state or province of residence, or are visiting www.avajamesnyc.com with the permission and supervision of a parent or guardian. Subject to this Agreement, SPINOZA hereby grants you a limited, revocable, non-exclusive license to access and use the www.avajamesnyc.com website on your computer or mobile device. Except as permitted in this paragraph, you may not reproduce, modify, display or otherwise make commercial use of any content from the SPINOZA Services unless expressly permitted by SPINOZA. SPINOZA reserves the right to refuse service to any individual at its sole discretion and without limitation if it believes that a user’s conduct violates applicable laws or is otherwise harmful to the SPINOZA Services.
We reserve the right, at our discretion, to change, modify, add, or remove portions of this Agreement at any time. It is your responsibility to check this page periodically for changes. Your continued use of or access to the SPINOZA Services following the posting of any changes constitutes acceptance of those changes.
Intellectual Property Rights – Copyright and Trademarks
All graphics, images and content on the SPINOZA Services belong exclusively to SPINOZA. The use of any SPINOZA trademarks or service marks without SPINOZA’s express written consent is strictly prohibited. You may not use SPINOZA’s trademarks or service marks in connection with any product or service that is in any way likely to cause confusion or to disparage or discredit SPINOZA. In addition, you may not use any of SPINOZA’s trademarks or service marks in meta tags without SPINOZA’s explicit prior consent. The compilation of all content included in or made available through any SPINOZA Service is the exclusive property of SPINOZA and protected by U.S. and international copyright laws.
SPINOZA, iweraspinoza.com, and other SPINOZA graphics, logos, page headers, button icons, scripts, and service names included in or made available through any SPINOZA Service are trademarks or trade dress of SPINOZA, LLC in the U.S. and other countries. SPINOZA’s trademarks and trade dress may not be used in connection with any product or service that is not SPINOZA’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits SPINOZA. All other trademarks not owned by SPINOZA that appear in any SPINOZA Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by SPINOZA.
SPINOZA deeply respects the intellectual property of others. Please contact firstname.lastname@example.org if you believe that any content on the SPINOZA Services constitutes an infringement of your copyrights.
User Reviews, Photos & Comments
Visitors may post reviews, comments, photos, videos, and other content; send 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 content. SPINOZA 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 whether on the avajamesnyc.com website, through a mobile application, blog or via any form of social media (including by submitting an image to your social media using #avajamesnyc or other SPINOZA branded hashtag), and unless we indicate otherwise, you grant SPINOZA a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant SPINOZA the right to use the name that you submit in connection with such content. 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 Agreement and will not cause injury to any person or entity; and that you will indemnify SPINOZA for all claims resulting from content you supply. SPINOZA has the right but not the obligation to monitor and edit or remove any activity or content. SPINOZA takes no responsibility and assumes no liability for any content posted by you or any third party.
When you use any SPINOZA Service, 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 SPINOZA Services, 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.
License and Site Access
Subject to your compliance with this Agreement, SPINOZA grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the SPINOZA Services. This license does not include any resale or commercial use of any SPINOZA Service or its contents; any collection and use of any product listings, images, descriptions, or prices; any derivative use of any SPINOZA 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 this Agreement are reserved and retained by SPINOZA or its licensors, suppliers, rightsholders, or other content providers. No SPINOZA Service, nor any part of any SPINOZA Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of SPINOZA. 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 SPINOZA without express written consent. You may not use any meta tags or any other “hidden text” utilizing SPINOZA’s name or trademarks without the express written consent of SPINOZA. You may not misuse the SPINOZA Services. You may use the SPINOZA Services only as permitted by law. The licenses granted by SPINOZA terminate if you do not comply with this Agreement.
If you use any SPINOZA Service, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under the age of majority in your state or province of residence, you may use the SPINOZA Services only with involvement of a parent or guardian. SPINOZA reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
Risk of Loss
All items purchased from SPINOZA 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
SPINOZA does not take title to returned items until the item arrives at our returns center. At our discretion, a refund may be issued without requiring a return. In this situation, SPINOZA does not take title to the refunded item. For more information about our returns and refunds, please visit FAQs.
Product Descriptions and Errors
SPINOZA attempts to be as accurate as possible. However, SPINOZA does not warrant that product descriptions or other content of any SPINOZA Service is accurate, complete, reliable, current, or error-free. If a product offered by SPINOZA itself is not as described, your sole remedy is to return it in unused condition. We have made every effort to display as accurately as possible the colors and images of our products. We cannot guarantee that your computer monitor's display of any color will be accurate. Occasionally there may be information on the SPINOZA Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the SPINOZA Services or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the SPINOZA Services or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the SPINOZA Services or on any related website, should be taken to indicate that all information in the SPINOZA Services or on any related website has been modified or updated.
We reserve the right, but are not obligated, to limit the sales of our products or the SPINOZA Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the SPINOZA Services will be corrected.
With respect to items sold on the SPINOZA Services, 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 an item’s correct price 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. We generally do not charge your credit card until after your order has entered the shipping process.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
Outside Links and Other Businesses
This site may contain links to other sites on the Internet that are owned and operated by third-parties or other businesses. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not responsible for examining or evaluating, and we do not warrant the offerings of any of these businesses or individuals or the content of their websites. SPINOZA 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. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
In addition to other prohibitions as set forth in this Agreement, you are prohibited from using the SPINOZA Services or their content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the SPINOZA Services or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the SPINOZA Services or any related website, other websites, or the Internet. We reserve the right to terminate your use of the SPINOZA Services or any related website for violating any of the prohibited uses.
Disclaimer of Warranties and Limitation of Liability
THE SPINOZA SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SPINOZA SERVICES ARE PROVIDED BY SPINOZA ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. SPINOZA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SPINOZA SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SPINOZA SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SPINOZA SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, SPINOZA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SPINOZA DOES NOT WARRANT THAT THE SPINOZA SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SPINOZA SERVICES OR ELECTRONIC COMMUNICATIONS SENT FROM OR ON BEHALF OF SPINOZA ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, SPINOZA WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY SPINOZA SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY SPINOZA SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
You agree to indemnify and hold SPINOZA and its suppliers and partners, harmless from any claims, losses, damages, liabilities, including attorney’s fees, arising out of your use or misuse of SPINOZA Services, violation of this Agreement, violation of the rights of any other person or entity, or any breach of the foregoing representations, warranties, and covenants. SPINOZA reserves the right, at our own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims.
This Agreement shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law.
You agree that any action at law or in equity arising out of or relating to this Agreement or the SPINOZA Services shall be filed only in the state or federal courts in and for New York County, New York and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
A provision of this Agreement may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of any party at any time to require performance of any provision of this Agreement shall in no manner affect such party’s right at a later time to enforce the same. A waiver of any breach of any provision of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions of this Agreement.
If any of the provisions in this Agreement are deemed invalid or otherwise unenforceable, that condition shall be deemed several and shall not affect the enforceability of the remaining provisions.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
This Agreement is effective unless and until terminated by either you or us. You may terminate this Agreement at any time by notifying us and by ceasing to use the SPINOZA Services.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of this Agreement, we may terminate this Agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination and/or we may deny you access to the SPINOZA Services (or any part thereof).
This is the entire agreement between us relating to the subject matter herein and shall not be modified except in a writing, signed by both parties, or by a change to this Agreement made by SPINOZA as set forth in “Modifications” above.
The SPINOZA Services are operated by SPINOZA LLC.