Terms and Conditions — Asvita Group

Terms and Conditions of Use and Service

Last updated: June 3, 2023

Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the asvitagroup.com website (our online “Service”) operated by Asvita Group LLC. (“us”, “we”, “Asvita Group” or “our”).

Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. Before using our website, online or offline, you must read all of the terms and conditions of use including without limitation, the Privacy Policy which is incorporated herein by reference (jointly, the “Terms and Conditions of Use and Service” or abbreviated the “Terms”). Having read all of these terms and conditions, you acknowledge, understand and agree that (i) the Terms and Conditions of Use and Service constitute a direct and legally binding contract which you are entering into with us, and by using the Service you indicate your agreement with these terms, and (ii) that if you do not understand the Terms you should retain legal counsel to explain them to you before using the Service.

These Terms apply to all visitors, users and others who wish to access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms, or if you are under the age of 18 years old, then you do not have permission to access the Service, and must cease using or accessing the Service.

Communications

We do not bother you with promotional materials. However, you may opt out of receiving communications from us by emailing us that you do not wish further contact. You agree that invoicing on accounts with payable balances are immune from such opt-out.

Purchases

If you wish to purchase any product or service made available by us (a “Purchase”), you may be asked to supply certain information relevant to your Purchase by email such as payment methods.

You represent and warrant that: (i) you have the legal right to use any payment method(s) that you give to us in connection with any Purchase; (ii) that you have all required rights and authority to make such Purchase and that (iii) the information you supply to us is true, correct and complete.

Availability, Errors and Inaccuracies

You are encouraged to inform us of any errors that you find so that we may use the information to improve the Service.

We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice. You agree to hold us harmless for all errors, inaccuracies and omissions on the Service. We are not bound by typographical errors, in pricing or otherwise, and not required to honor any price entered, transmitted or displayed in error.

Sanctions

You may not use the Service or any part thereof if you are the subject of U.S. or international sanctions or a subject of sanctions consistent with U.S. law imposed by the governments of the country where you are using the Service. This includes, but is not limited to OFAC, UN and US government sanctions.

Contracts

All purchases of our services are completed through service contracts. To discuss a service contract that is right for your business, please contact us. To the extent any contract contains a term that conflicts with any term herein, the terms of the service contract shall govern.

Intellectual Property

The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Asvita Group LLC and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Asvita Group LLC.

Indemnification

You agree to defend, indemnify and hold harmless Asvita Group LLC and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service; and/or b) your breach of these Terms.

No Warranty

TO THE FULLEST EXTENT PERMISSIBLE UNDER ANY APPLICABLE LAW, WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, MADE EXPRESSLY OR IMPLIED, WITH RESPECT TO SUCH INFORMATION, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A SPECIFIC PURPOSE, TITLE, NON-INFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM NEGOTIATIONS OR COMPLIANCE TO THE GREATEST EXTENT PERMITTED UNDER ANY APPLICABLE LAW.

Limitation Of Liability

In no event shall Asvita Group LLC, nor its Members, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, including, without limitation, losses resulting from (i) your access to or use of or inability to access or use the Service or us; (ii) any content that results from any unauthorized access to the Service or unauthorized portions of the website; and/or (iii) any use of spoofing or similar fraud which fraudulently incorporates this domain or website.

You agree that in no instance can our liability to you exceed the amount of money you have paid to us

Exclusions and Severability

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you if bared by applicable law.

If any term is held by any Court to be unlawful in any way, then the offending clause shall be deemed severed from this and Agreement and this Agreement shall be reforms to have the lawful terms that approximate the intent of the original agreement to the full extent lawful.

Governing Law and Jurisdiction

These Terms shall be governed and construed in accordance with the laws of New York, United States, without regard to its conflict of law provisions. You irrevocably agree that the Courts in New York County, New York shall have exclusive jurisdiction as the only Court permitted to resolve all disputes involving you and this Agreement.

You agree that before any action can be filed in any Court regarding this Agreement or our Service for relief other than for collection of fees or injunctive relief, you will first file for mediation of the dispute through JAMS mediation in New Jersey or New York and complete the mediation process.

You represent and warrant that your access or use of the Services complies with all applicable laws, rules, and regulations, including (without limitation) U.S. law and the law where you are located.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect by either contact you or publishing new terms on our websites. If we fail to do so, and you are already a user of the Services who has reviewed these Terms and Conditions, then the change is binding on you only 30 days after it is announced. You agree to review these Terms and our Privacy Policy at least once every 30 days. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

Electronic Signature

You agree that whenever you “click” to agree with any terms, conditions or permissions associated with the Services, that click is your binding electronic signature.

Assistance of Counsel

You have every right to have an attorney review this Contract and negotiate regarding the terms herein. You agree that no term herein is unclear or ambiguous. To any extent that any term in this Agreement should be in the future deemed ambiguous, you agree that such term shall not be construed against any party hereto as the “drafter” of such clause. The titles and headings that appear in the Terms and Conditions are for reference purposes only and will not be taken into account for purposes of the interpretation of this contract.

Severability

If any of the term(s) of this Agreement are found to be unlawful by any court of competent jurisdiction, said term(s) shall be stricken and reformed and replaced by said court with lawful terms most closely aligned with the goals of the stricken language, and the remainder of this Agreement shall remain in force.

If you have any questions about these Terms, please contact us:

By email: thapillc@comcast.net

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