AVA Modular Corp. (“AVA”, “we”, “our”, or “us”) is an online sales, information and communications platform (“Service”) for consumers. AVA operates the Service on www.avamodular.ca.
The Service is hosted in Canada and is not directed towards individuals under the age of thirteen (13). AVA does not knowingly collect PII from individuals under thirteen (13) years of age.
Collection of Information
If you browse through our websites or through our partner website pages on which the Service appears or use our mobile application(s) without providing us any PII, we may gather and store information about your visit, such as your IP address, type of browser and operating system used, date and time you accessed the website or application(s), pages you visit, how you used the application(s), and if you linked to these websites from another website, or the address of that website. This information will not identify you, and is therefore considered “Non-PII.”
Use and Sharing of Information
The PII we receive from you through your use of the Service may be used or shared by us with third parties, including marketing businesses, lead generation businesses, email service providers, our partners who make the Service available on their web pages, and our corporate affiliates (collectively, “Affiliates”). These third parties are authorized to use the PII we may share only to the extent necessary to provide their respective services.
In addition, there may be instances when AVA may access or disclose PII or Non-PII, including under the following circumstances to: (i) protect or defend the legal rights or property of AVA and/or its Affiliates; (ii) protect the safety, security, and privacy of users of the Services or members of the public including acting in urgent circumstances; (iii) protect against fraud or for risk management purposes; or (iv) comply with applicable law or legal process. In addition, if AVA sells all or part of its business or sells or transfers all or a material part of its assets, or is otherwise involved in a merger or transfer of all or a material part of its business, we may transfer your PII or Non-PII to the party or parties involved in the transaction as part of that transaction.
Cookies and Beacons
From time to time, we may place cookies and web beacons on your computer to collect anonymous data related to your use of the Service. This anonymous data provides us with website usage analytics and allows us to provide personalized advertising. We may also use these cookies and web beacons to provide personalized advertising on other websites you visit after using our Service. “Cookies” are small identifiers sent from a web server that are stored on your computer’s hard drive for the purpose of identifying your browser during interaction on websites. Cookies are also used to identify your mobile application(s) and interaction with that application. Cookies may be used to store items such as identifiers and user preferences. A website may set a cookie to the web browser if the web browser’s preferences allow it. A web browser only permits a website to access the cookies it has set, and not those set by other websites. “Web beacons” are invisible electronic images, called a single-pixel (1×1) or clear GIF, that can recognize certain types of information on your computer, such as a cookie number, time and date of a page view, and a description of the page where the web beacon is placed.
Analytics Service Providers
We may allow certain third-party analytics service providers to include web beacons within the pages of this website and within the pages of our partner websites on which the Service is available. We may also share portions of our log file data, including IP addresses, with these service providers for analytics purposes. These service providers aggregate information about what you see and interact with on our website and on the pages of our partner websites on which the Service is available. We may also allow certain third-party analytics providers to utilize cookies that identify the AVA application that you are using and how you use that application. These third parties help us understand your usage of the different aspects of the application, such as user behavior, effectiveness of the application to allow us to make future improvements to the application, and effectiveness of the promotion channels that are used in the application.
Third Party Applications and Widgets
AVA uses commercially reasonable administrative, technical, personnel, and physical security measures designed to safeguard PII in our possession against loss, theft and unauthorized use, disclosure, or modification. In addition, AVA uses reasonable methods in an effort to ensure that the PII we store about you is consistent with the updated information you provide to us.
User Access and Choice
You may change or update your personally identifiable information which you have provided us by accessing the “Login/Register” tab after signing into your account on www.avamodular.ca. You may also deactivate your account by contacting email@example.com. If you choose to return to use the Service after deactivating your account, we may utilize some of the information you previously provided us or a partner in order to provide you with the Service.
Retention of Information
We will retain your information for as long as your account is active, as needed to provide you Services, or pursuant to our document retention policies. We will retain and use your information as necessary to comply with our legal and/or financial obligations, resolve disputes, and enforce our agreements.
Contact Information and Opt-Out Policy
AVA Modular Corp. 108-123 Carrie Cates Ct North Vancouver, BC. V7M3K7
By accessing and using this website and any of its pages, you accept and agree to be bound by the Terms of Service set forth below.
ACCEPTANCE OF TERMS.
AVA Modular Corp. (“AVA,” or “we,” “us,” or “our”) provides users with an online equipment information and communications platform, as well as related services that can be accessed from or through this website (collectively, “Services”). Please carefully read these Terms of Service before using the Services. By accessing or using the Services, including this website, you accept and agree to be bound by these Terms of Service (“Terms of Service”) and all applicable laws, rules, and regulations associated with your use of the Services. If you do not agree to the Terms of Service, you are not authorized to use this website or the Services. These Terms of Service also apply to any co-branded or framed version of this website.
Your use of certain materials and features of this website and/or the Services may be subject to additional terms and conditions which are incorporated herein by reference and become part of the Terms of Service. By using those materials and features, you also agree to be bound by such additional terms and conditions. Unless explicitly stated otherwise, any new features that augment or enhance the current Services shall be subject to the Terms of Service.
This website is controlled and operated by AVA from its office in North Vancouver, British Columbia, Canada. AVA makes no representation that information or materials available on this website are appropriate or available for use in other locations, and access to this website from territories where its contents are illegal is prohibited. Those who choose to access this website from other locations do so at their own initiative and are responsible for compliance with applicable local laws.
You are authorized by AVA to access and use the Services, including the information on this website, solely for your personal, non-commercial use provided that you are at least 18 years of age. The information and materials displayed on this website may not otherwise be copied, transmitted, displayed, distributed, downloaded, licensed, modified, published, posted, reproduced, used, sold, transmitted, used to create a derivative work, or otherwise used for commercial or public purposes without AVA’s prior written consent. Any use of data mining, robots or similar data gathering or extraction tools or processes in connection with this website, and any reproduction or circumvention of the navigational structure or presentation of this website or its content, is strictly prohibited. You agree not to use the Services, including this website, for any unlawful purpose.
In order to access certain features of this website you may be required to register. If you supply a telephone number in connection with your use of the website, you consent to receive calls or texts at that number, whether manually or automatically dialed, from us and/or our affiliates. You are responsible for maintaining the confidentiality of your password and account and are fully responsible for all activities that occur under your password or account. You agree to immediately notify AVA in writing of any unauthorized use of your password or account or any other breach of security, and ensure that you exit from your account at the end of each session. AVA is not liable for any loss or damage arising from your failure to comply with this section. You agree not to modify the Services or use modified versions of the Services (except if modified by AVA), including for the purpose of obtaining unauthorized access to the Services. You agree not to access the Services by any means other than through the interface that is provided by AVA for use in accessing the Services.
Prior to purchase of products or services, all information provided on this website is for informational purposes only. Information displayed through the Services related to any virtual product you may configure, such as modification cost, shipping cost, average price, pricelock, price range, estimated shipping, container cost, or sales tax, either reflects or is based on AVA’s analysis of market data. Neither, the accuracy of information provided on this website, nor the availability, quality, or condition of products, is guaranteed or controlled by AVA, and AVA assumes no responsibility for the foregoing. You agree that any reliance on the information on this website is at your own risk. Any discrepancies or mistakes made regarding product availability, condition, pricing, and the like are not the responsibility of AVA. We do invite you to bring to our attention any material on our website that you believe to be inaccurate; please forward a copy of such material and your reasons for your belief to firstname.lastname@example.org.
By using the Services, you acknowledge and agree that AVA may not have in inventory a new product that exactly matches any virtual product you may configure on the website, and certain models or configurations may not be available. AVA will confirm product availability, including available options and modifications, from actual inventory.
NO COMMERCIAL USE OF SERVICES
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to, the Services.
RIGHT TO DENY ACCESS AND TO MODIFY THE SERVICES
AVA reserves the right to deny use of, or access to, the Services to you and/or anyone for any or no reason. AVA also reserves the right at any time and from time-to-time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that AVA shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services (or any part thereof).
You will indemnify, defend and hold harmless AVA and its subsidiaries, affiliates, partners, officers, directors, employees, and agents (collectively, “Cubes Inc. Entities”) from all claims, whether actual or alleged (collectively, “Claims”), that arise out of or in connection with a breach of these Terms of Service, use of the Services, including any content you submit, post, transmit, modify or otherwise make available through the Services, and/or any violation of law and/or the rights of any third party. You are solely responsible for defending any Claim against an AVA Entity, subject to such Cubes Inc. Entity’s right to participate with counsel of its own choosing, at its own expense, and for payment of all judgments, settlements, damages, losses, liabilities, costs, and expenses, including reasonable attorneys’ fees, resulting from all Claims against a AVA Entity, provided that you will not agree to any settlement that imposes any obligation or liability on a Cubes Inc. Entity without its prior express written consent.
DISCLAIMER OF WARRANTIES
THE SERVICES, INCLUDING ALL INFORMATION AND CONTENT ON OR OTHERWISE RELATED IN ANY WAY TO THE SERVICES, THIS WEBSITE OR ANY THIRD-PARTY WEBSITE, PRODUCT, OR SERVICE LINKED TO OR FROM THIS WEBSITE, ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TIMELINESS, AND NON INFRINGEMENT. IN ADDITION, AVA DOES NOT WARRANT AGAINST DEFECTS IN ANY PRODUCT, AND DOES NOT MAKE ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING REPRESENTATIONS, PROMISES, OR STATEMENTS AS TO THE CONDITION, FITNESS, OR MERCHANTABILITY OF ANY PRODUCT OR SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM AVA OR THROUGH OR LINKED FROM THE SERVICES SHALL CREATE ANY WARRANTY EXPRESS OR IMPLIED. Some AVA products are offered with a 1 year warranty. This warranty is specifically referenced on the invoices of such products purchased.
LIMITATION OF LIABILITY; WAIVER
IN NO EVENT SHALL THE AVA ENTITIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE OF DATA, INFORMATION, AND/OR CONTENT, OR OTHER INTANGIBLE LOSSES ARISING OUT OF, OR IN CONNECTION WITH THE SERVICES, INCLUDING ALL INFORMATION AND CONTENT ON OR OTHERWISE RELATED IN ANY WAY TO THIS WEBSITE OR ANY THIRD-PARTY WEBSITE, PRODUCT, OR SERVICE LINKED TO OR FROM THIS WEBSITE, OR ANY VEHICLE REFERENCED THEREIN. WITHOUT LIMITING THE FOREGOING, ANY INFORMATION AND CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH INFORMATION AND CONTENT. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH ANY SERVICE AND/OR THIS WEBSITE IS TO STOP USING THE SERVICE AND/OR WEBSITE.
YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM (WHETHER FOR INJURY, ILLNESS, DAMAGE, LIABILITY AND/OR COST) AGAINST THE ENTITIES ARISING OUT OF YOUR USE OF OR INABILITY TO USE, OR IN CONNECTION WITH, THE SERVICES, INCLUDING ANY INFORMATION AND CONTENT ON THIS WEBSITE OR ANY THIRD-PARTY WEBSITE, PRODUCT, OR SERVICE LINKED TO OR FROM THIS WEBSITE, INCLUDING ANY CONTENT YOU PROVIDE TO THIRD PARTIES (INCLUDING PERSONALLY IDENTIFIABLE INFORMATION).EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES, OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
AVA may provide you with notices by email, regular mail, SMS, MMS, text message, postings on the Services/website, or other reasonable means now known or hereafter developed. You acknowledge and agree that AVA will have no liability associated with or arising from your failure to maintain and supply AVA with accurate contact information about yourself, including your failure to receive important information and updates about the Services or this website.
TRADEMARK INFORMATION AND INTELLECTUAL PROPERTY
You agree that all of AVA trademarks, trade names, service marks, logos, brand features, and product and Service names are trademarks and the property of AVA, and that you will not display or use any of the foregoing without AVA’s prior written approval in each instance. You agree that the Services contain proprietary information protected by applicable intellectual property and other laws in favor of AVA. You further agree that content and information presented to you through the Services is protected by copyrights, trademarks, service marks, patents and/or other proprietary rights and laws.
COPYRIGHT OR INTELLECTUAL PROPERTY COMPLAINTS
AVA respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been violated, please contact us at email@example.com or via mail at:
AVA Modular Corp. 108-123 Carrie Cates Ct. North Vancouver, BC. V7M3K7