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Terms, Conditions, and Privacy

TERMS, CONDITIONS, AND PRIVACY

Welcome to the Avant-garde Home online store, Avant-gardeHome.com. We (Avant-garde Home LLC, Avant-garde Home, Avant-gardehome.com, Our) provides website services and features to you (Purchaser/Customer/Internet User) subject to the following terms and conditions. By accessing or using the Avant-gardeHome.com website, you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by these Terms and Conditions.  Please read the following terms and conditions carefully before using this website. If you do not agree to these terms and conditions, please do not use this website.

We reserve the right to refuse service to anyone for any reason at any time. By using this website, you acknowledge and agree that these Terms and Conditions constitute the complete and exclusive agreement between us concerning your use of the website, and supersede and govern all prior proposals, agreements, or other communications. We reserve the right, in our sole discretion, to change these Terms and Conditions at any time by posting the changes on the website. Any changes are effective immediately upon posting to the website. Your continued use of the website constitutes your agreement to all such terms and conditions.

You may not use our name, logo, (avant-gardehome.com), pictures, and/or products for any illegal or unauthorized purpose nor may you, in the use of these conditions, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature.  Engaging in any activity that disrupts or interferes with our resources, including the servers and/or networks to which our resources are located or connected, is strictly prohibited.

WARRANTY DISCLAIMER

This website and the materials and products on this website are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchant-ability and fitness for a particular purpose and non-infringement. We do not represent or warrant that the functions contained in this website will be uninterrupted or error-free, that the defects will be corrected, or that this website or the server that makes this website available are free of viruses or other harmful components. We do not make any warranties or representations regarding the use of the materials in this website in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above warranty disclaimer may not apply to you.

AGE OF CONSENT

Our Website is not intended for children under 13 years of age. No one under age 13 may provide any personal information to or on the Website. We do not knowingly collect personal information from children under 13. If you are under 13, do not use or provide any information on this Website or on or through any of its features/register on the Website, make any purchases through the Website, use any of the interactive or public comment features of this Website or provide any information about yourself to us, including your name, address, telephone number, email address or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at customercare@Avant-gardeHome.com 

INFORMATION WE COLLECT

We collect and store any information that you enter on our Website or give us in any other way for order processing, newsletter subscriptions, or form completions. While you can choose to not provide certain information, you may not be able to take full advantage of our service. We use the information that you provide for, among other uses, fulfilling orders, responding to requests, customizing products, improving our Website and services, and communicating with you. If you subscribe to Avant-garde Home or make any other purchase through our company, we will ask you for your name, email address, shipping address, telephone number and credit card information. We use this information to process and fulfill your order and to notify you of your order status. All archived credit card information is maintained through a secure third party vendor. Telephone numbers and email addresses are used to contact you regarding your order. Avant-garde Home will not sell, rent or share your personal information, including your email address.

We also use Google properties including, but not limited to, Google Analytics, Google Webmaster Tools, Google Adwords and Google Tag manager to better improve our customers and site visitor's experience.

If you create an account that includes a personal password, please make sure to safeguard your password and other personal information. You may be liable for unauthorized use of our Website, as well as have your private information used by others.

Additionally, we automatically gather certain information and statistics regarding the usage of the Avant-garde Home Website through the use of cookies and other technologies. Although most browsers allow you to refuse cookies, they are necessary to access this Website and place orders.  Cookies are small files that a site or its service provider transfers to your computer’s hard drive through your Web browser that enables the sites or service providers systems to recognize your browser and capture and remember certain information. We use cookies to compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future. 

HOW WE USE YOUR INFORMATION

We will not share or disclose your information to anyone except as described in this Privacy Policy. We use personally identifiable information for, among other uses, fulfilling orders, responding to requests, customizing products, improving our Website and services, tracking emails, communicating with you and otherwise enhancing your usage of the Website. We may also use the information to provide a personalized shopping history and/or to notify you about new services, special promotions, or offers.

In order to maintain and operate this Website and various features, certain trusted third party vendors may be permitted to access your information. These third parties can include a Website host, credit card processing companies, data analyzers, and order fulfillment centers.

We also reserve the right to disclose information if it is necessary to protect our rights or the rights of others, for fraud prevention, credit risk reduction, or to prevent harm to people/property. We also may aggregate non-personally identifying information to use in improving the Website and business.

If you choose to purchase a gift for another individual or choose to refer someone else to our Website or business, we may ask for that individual's name, shipping address, phone number, and email address. Avant-garde Home will store this information for the purposes listed above and to contact the individual regarding any referral that you made. The other individual can contact Avant-garde Home at any time to request removal of their information from the Avant-garde Home database.

PROTECTING YOUR INFORMATION

In order to help protect and keep confidential any information that we receive from you, we follow reasonable technical and management policies. These include encrypting your credit card number and personal information using secure socket layer (SSL) technology to provide secure transmission of your information from your computer or mobile device to our servers. Additionally, only those employees of Avant-garde Home and third party vendors who need access to your personal information to provide your services are allowed such access. Although we work to ensure your personal information is kept secure, please keep in mind that no computer system is one hundred percent secure.

UNSUBSCRIBE; OPT OUT

Email addresses submitted to any of our mailing lists will be used solely for the purpose of sending you special offers and announcements from Avant-garde Home and other partners. Emails we send will include information on how to unsubscribe from our lists. You may also unsubscribe from any Avant-garde Home email list at any time by sending an email to customercare@Avant-gardeHome.com. Although we will attempt to be as prompt as possible with any opt-out requests, you may continue to receive various electronic communications from us for up to 10 business days after your request has been submitted.

INTELLECTUAL PROPERTY

The trademarks, logos, and service marks displayed on the website (collectively, the "Trademarks") are the registered and unregistered marks of Avant-garde Home, LLC (Avant-garde Home), our affiliates, partners or licencors, in the United States and other countries, and are protected by United States and international trademark laws.

Avant-garde Home, LLC  retains sole rights for all use, production, and copy of its registered and unregistered trademarks, and any misuse is strictly prohibited. Avant garde Home, LLC (Avant-garde Home) trademarks may not be copied, reproduced, modified, downloaded, published, exploited, or transmitted. You may not use any of our pictures in whole or in part. Attempting to copy, duplicate, reproduce, sell, trade, or resell our resources is strictly prohibited.  You are solely responsible any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you and may incur criminal or civil liability.

Except as required under applicable law, neither the content or trademarks nor any portion of the website may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our prior written consent.

TYPOGRAPHICAL ERRORS

In the event that an Avant-garde Home product is mistakenly listed at an incorrect price, Avant-garde Home, LLC (Avant-garde Home) reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Avant-garde Home reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Avant-garde Home shall issue a credit to your credit card.

LIMITATION OF LIABILITY

Avant-garde Home LLC (Avant-garde Home), its officers, directors, employees, agents, licensors and suppliers, shall not be liable for any damages that result from the use of, or the inability to use, the materials on this website or the performance of the products, even if Avant-garde Home has been advised of the possibility of such damages. Certain state laws may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you, and you may have additional rights.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Avant-garde Home, LLC (Avant-garde Home), its officers, directors, employees, agents, licencors and suppliers from and against all losses, expenses, damages and costs, including reasonable attorney’s fees, resulting from any violation of these terms and conditions or any activity related to you or any other person accessing this website.

NOTICE

We may deliver notice to you by e-mail, a general notice on the website, or by other reliable method to the address you have provided.

APPLICABLE LAW

This website is created, controlled and maintained by Avant-garde Home, LLC (Avant-garde Home), in the State of Texas. Accordingly, the laws of the State of Texas shall in all events govern any disputes relating to this website, including those relating to any transaction conducted hereon, and shall likewise govern the terms, conditions, disclaimers, policies and notices contained herein, all without giving effect to any conflict of laws principles. We makes no representations as to the compliance of this website or its terms and conditions with any applicable law. If you choose to access this website from outside of the United States you do so at your own risk and are responsible for compliance with all applicable laws. You may not use this website in violation of United States export laws. By using this website, including by virtue of purchasing products hereon, you agree to submit to the jurisdiction of the State of Texas and agree that it shall serve as the sole and exclusive venue for any disputes relating to this website. Any claim or cause of action brought by you with respect to matters related to this website, including these terms and conditions, must be brought in a state or federal court located in the State of Texas and must be commenced no later than one year after the claim arises. If any provision of these terms and conditions is deemed to be void, unlawful or unenforceable for any reason, all other provisions contained herein shall remain in full force and effect. These terms and conditions constitute the entire agreement as to matters relating to this website.

THIRD-PARTY LINKS

In an attempt to provide increased value to our visitors, we may link to sites operated by third parties. However, even if the third party is affiliated with Avant-garde Home, LLC (Avant-garde Home), We have no control over these linked sites, all of which have separate privacy and data collection practices, independent of Avant-garde Home, LLC (Avant-garde Home). These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Avant-garde Home, LLC seeks to protect the integrity of this website and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).

TERMINATION OF TERMS AND CONDITIONS

These Terms and Conditions / Privacy Policy, or any part of them, may be terminated by Avant-garde Home, LLC without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Warranty Disclaimer, Limitation of Liability, Applicable Law and Indemnification, shall survive any termination.

By using this website, avant-gardehome.com, and purchasing our authorized products, you agree to the terms and conditions above and throughout this website, avant-gardehome.com.

Questions about our Terms and Conditions should be sent to us at CustomerCare@avant-gardehome.com

Updated 10.17.2018