Terms & Conditions
Agreement between User and CritterQuitter.com
Welcome to CritterQuitter.com. The CritterQuitter.com website (the “Site”) is comprised of various web pages operated by Avalon Manufacturing. CritterQuitter.com is offered to you conditioned on your acceptance without modification of the term, conditions, and notices contained herein (the “Terms”). Your use of CritterQuitter.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
CritterQuitter.com is an E-Commerce site.
The site contains information on the Critter Quitter® Vent Repair product.
Electronic Communications
Visiting CritterQuitter.com or sending emails to Avalon Manufacturing constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Your Account
If you use this Site, 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. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Avalon Manufacturing is not responsible for third part access to your account that results from theft or misappropriation of your account. Avalon Manufacturing and its associates reserve the right to refuse or cancel service, terminate account, or remove or edit content in our sole discretion.
Children Under Thirteen
Avalon Manufacturing does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use CritterQuitter.com only with permission of a parent or guardian.
Links to Third Party Sites/Third Party Services.
CritterQuitter.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Avalon Manufacturing and Avalon Manufacturing is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Avalon Manufacturing is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Avalon Manufacturing of the site or any association with its operators.
Certain service made available via CritterQuitter.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the CritterQuitter.com domain, you hereby acknowledge and consent that Avalon Manufacturing may share such information and data with any third party with whom Avalon Manufacturing has a contractual relationship to provide the requested product, service or functionality on behalf of CritterQuitter.com users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use. CritterQuitter.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Avalon Manufacturing that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Avalon Manufacturing or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Avalon Manufacturing content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Avalon Manufacturing and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Absolute Events or our licensors except as expressly authorized by these Terms.
Use of Communication Services
The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you own or control the right thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such a manner; falsify or delete any author attributions, legal or other property notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable law or regulations.
Avalon Manufacturing has no obligation to monitor the Communication Services. However, Avalon Manufacturing reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Avalon Manufacturing reserves the right to terminate you access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Avalon Manufacturing reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Avalon Manufacturing’s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Avalon Manufacturing does not control or endorse the content, messages or information found in any Communication Service and, therefore, Avalon Manufacturing specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Avalon Manufacturing spokespersons, and their views do not necessarily reflect those of Avalon Manufacturing
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and or dissemination. You are responsible for adhering to such limitations if you upload the materials.
Materials Provided to CritterQuitter.com or Posted on Any Avalon Manufacturing Web Page
Avalon Manufacturing does not claim ownership of the materials you provide to CritterQuitter.com (including feedback and suggestions) or post, upload, input or submit to any Avalon Manufacturing Site or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Avalon Manufacturing, our affiliated companies and necessary sublicensees permission to use you Submission in connection with the operation of their Internet business including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. Avalon Manufacturing is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Avalon Manufacturing’s sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the right to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submission.
International Users
The Service is controlled, operated and administered by Avalon Manufacturing from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Avalon Manufacturing Content accessed through CritterQuitter.com in any country or in any manner prohibited by
any applicable laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless Avalon Manufacturing, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Avalon Manufacturing reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Avalon Manufacturing in asserting any available defenses.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. AVALON MANUFACTURING AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
AVALON MANUFACTURING AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. AVALON MANUFACTURING AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL AVALON MANUFACTURING AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ABSOLUTE EVENT SERVICES LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination/Access Restriction
Avalon Manufacturing reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Florida and you hereby consent to the exclusive jurisdiction and venue of courts in Florida in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Avalon Manufacturing as a result of this agreement or use of the Site. Avalon Manufacturing’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Avalon Manufacturing’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Avalon Manufacturing with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Avalon Manufacturing with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Avalon Manufacturing with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
Avalon Manufacturing reserves the right, in its sole discretion, to change the Terms under which CritterQuitter.com is offered. The most current version of the Terms will supersede all previous versions. Avalon Manufacturing encourages you to periodically review the Terms to stay informed of our updates.
Contact Us
Avalon Manufacturing welcomes your questions or comments regarding the Terms:
Avalon Manufacturing
980 Sunshine Lane Ste Q
Altamonte Springs, Florida 32714
Email Address:
info@critterquitter.com
Telephone number:
1-407-808-2501