Terms and Conditions
Thank you for using AvailShop! AvailShop is a trademark of Tanya Corporation, an Oregon corporation.
Tanya Corporation operates and does business under the name “AvailShop”. When we use the name “AvailShop” in this website and in any of our marketing, advertising or any of our other activities, we are referring to “Tanya Corporation, an Oregon corporation”, and its employees, agents, owners, and successors in interest.
When we use the words “we” or “our” in these Terms, we are referring to “AvailShop” as “AvailShop” is defined above.
- Accepting These Terms
This document and the other documents that we reference below are our Terms and Conditions (also referred to as the “Terms”).
The Terms are a legally binding contract between you and AvailShop.
Please note that these Terms contain an arbitration clause and class action waiver. By agreeing to the Terms, you agree to resolve all disputes through binding individual arbitration, which means that you waive any right to have those disputes decided by a judge or jury, and that you waive your right to participate in class actions, class arbitrations, or representative actions.
This contract applies to you when you use AvailShop, our website, our mobile apps, and the other services provided by AvailShop, including the purchase of goods and products (which will be referred to, collectively and individually, in these Terms and elsewhere in our website, mobile apps and other places operated by us, as our “Services”). By using our Services, you are agreeing to the Terms.
We reserve the right to change or modify these Terms in the future. Your continued use of our Services means that you have read and agreed to the Terms that were or are in effect at the time that you used the Services. Your use of the Services following the changes constitutes your acceptance of the updated Terms.
These Terms cannot be modified or amended, except in a writing signed to and agreed by all parties.
- Using Our Services
We grant you a limited, non-exclusive, non-transferable, and revocable license to use our Services—subject to the Terms and subject to abiding by these Terms.
You may not use our Services in any way, or with the intent, to violate any law, rule, statute, ordinance, code, or treaty that you must follow in the course of using our Services.
You’re solely responsible for any activity on your account, as well as activity that you permit or allow others to reasonably gain access to through the use of your computer or device. If you’re sharing an account with other people, then the person whose financial information is on the account will ultimately be responsible for all activity. If you’re registering as a business entity, you personally guarantee that you have the authority to agree to the Terms on behalf of the business.
Minors under 18 and at least 13 years of age are only permitted to use our Services under the direct supervision of a parent or legal guardian with their appropriate permission. Children under 13 years are not permitted to use AvailShop or the Services.
Do not use false information or impersonate another person or company through the use of our Services.
You are also solely responsible for paying any applicable taxes (if any are due or payable by you) for any purchases made through our Services.
- Our Legal Relationship
Neither these Terms, nor use of our Services by you, creates any agency, partnership, joint venture, employment, or franchisee relationship between you and AvailShop.
- Our Trademark
AvailShop is a trademark of Tanya Corporation, an Oregon corporation. You may not use our trademark, or any other intellectual property belonging to us or the sellers and vendors, without the express written permission of the respective owner, in each and every instance.
- Community Standards and Postings
We prohibit any discrimination based on race, color, ethnicity, sex, sexual orientation, national origin, religion, disability, age, or any characteristic prohibited under applicable law.
Postings include re-postings or sharing of other postings.
We prohibit hate speech. Hate speech occurs when violent, offensive, slurs, derogatory or demeaning language is directed at a person or group of people based on the attributes or characteristics described above.
Do not post or share identifying private or personal information about someone else.
Do not spam. Do not market or solicit for your own goods or services.
Do not harass other persons, including sellers. Do not troll. Do not insult.
Be sure that the content that you post belongs to you, and that you do not infringe upon any one else’s copyright, trademarks, trade secrets, or other intellectual property.
Do not publish or post threats.
All postings may express your opinion, but be sure to make other persons reasonably know whether you are posting your opinion. Do not post anything that is materially factually incorrect.
Do not post anything that is in violation of any of the other Terms.
- Termination By AvailShop
We reserve the right to terminate or suspend your account (and any accounts AvailShop determines are related to your account) and/or your access to the Services should we have reason to believe you, or your use of the Services violate our Terms, or for any other reason so long as such reason is not in violation of any applicable law.
The Terms will remain in effect even after your access to the Service is terminated, or your use of the Service ends.
- Warranties and Limitation of Liability
AvailShop does not manufacture, store, or inspect any of the items sold through our Services. We provide the venue; the items in our marketplaces are produced, listed, and sold directly by independent sellers, so AvailShop cannot and does not make any warranties about their quality, safety, authenticity, or their legality. Any legal claim related to an item you purchase must be brought directly against the seller of the item. You release AvailShop from any claims related to items sold through our Services, including for defective items, misrepresentations by sellers, or items that caused physical injury (like product liability claims).
AvailShop is not responsible for the accuracy, copyright compliance, or legality of content posted by sellers or other third parties accessed through the Services. You release us from all liability relating to those things. You release AvailShop from any claims, demands, and damages arising out of disputes with other users or parties.
|DISCLAIMER OF WARRANTIES AND OTHER LIMITATIONS ON OUR LIABILITY|
OUR SERVICES ARE PROVIDED “AS IS” AND WITHOUT ANY KIND OF WARRANTY (EXPRESS OR IMPLIED). WE ARE EXPRESSLY DISCLAIMING ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ANY WARRANTIES IMPLIED BY A COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE.
WE DO NOT GUARANTEE THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) THE SERVICES WILL BE FREE OF VIRUSES OR OTHER HARMFUL MATERIALS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR EXPECTATIONS. YOU USE THE SERVICES SOLELY AT YOUR OWN RISK. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
LIABILITY LIMITS. TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER AVAILSHOP, NOR OUR EMPLOYEES OR DIRECTORS SHALL BE LIABLE TO YOU FOR ANY LOST PROFITS OR REVENUES, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR THESE TERMS. IN NO EVENT SHALL AVAILSHOP’S AGGREGATE LIABILITY FOR ANY DAMAGES EXCEED THE GREATER OF ONE HUNDRED ($100) US DOLLARS (USD) OR THE AMOUNT YOU PAID AVAILSHOP IN THE PAST TWELVE MONTHS.
If AvailShop gets sued because of something that you did, you agree to defend and indemnify us. That means you will defend AvailShop (including any of our employees) and hold us harmless from any legal claim or demand (including reasonable attorney’s fees) that arises from your actions, your use (or misuse) of our Services, your breach of the Terms, or you or your account’s infringement of someone else’s rights.
We reserve the right to handle our legal defense, even if you are indemnifying us.
- Disputes with AvailShop
The Terms are governed by the laws of the State of Oregon.
In the unfortunate event that there is a dispute between you and AvailShop, both parties agree to take reasonable steps to resolve the dispute.
You and AvailShop agree that any dispute or claim arising from or relating to the Terms shall be finally settled by final and binding arbitration, administered by the American Arbitration Association (the “AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) then in effect. Judgment on the arbitration award may be entered in any court that has jurisdiction.
You understand that by agreeing to the Terms, you and AvailShop are each waiving the right to trial by jury or to participate in a class action lawsuit. Notwithstanding the foregoing, each party shall have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator or mediator.
Notwithstanding anything to the contrary in these Terms, each party may assert their claim in “small claims” court, but only if the claim qualifies, and the claim remains in such court.
All legal actions, proceedings and arbitrations that are permitted under these Terms shall take place within the State of Oregon.
- Additional Provisions
These Terms supersede any other agreement between you and AvailShop regarding the Services. If any part of the Terms is found to be unenforceable, that part will be limited to the minimum extent necessary so that the Terms will otherwise remain in full force and effect. Our failure to enforce any part of the Terms is not a waiver of our right to later enforce that or any other part of the Terms. We may assign any of our rights and obligations under the Terms.