Terms of Use

Updated on January 28, 2014

Thank you for visiting the Azustar Web Site. If you continue to browse and use this website, including www.auzura.com and www.auzura.mybigcommerce.com/ or other websites in our network (the “Site”) you are agreeing to comply with and be bound by the following Terms and Conditions and Privacy Policy (collectively, “Terms”), which govern our relationship with you in relation to this Site. The terms “Azustar,” “we” or “us” refers to the owner of this website, Auzura Inc. dba Azustar. The term “You” refers to the user or viewer of our website.

1. USE OF THE SITE. The Site is provided for your information and for your personal, non-commercial use only and for you to express your thoughts and ideas regarding Azustar, and our products and services. When using the Site, you agree to follow all applicable federal, state and local laws and regulations, including, without limitation, all applicable laws governing intellectual property, privacy, and publicity rights.

2. RESTRICTIONS ON USE. You may not: (i) remove or alter any copyright, trademark, or other legal rights notice on the Site or any of its content; (ii) disable, circumvent or otherwise interfere with security-related features of the Site, including, without limitation, any features that restrict copying of any content or otherwise enforce this agreement; (iii) use any automatic scripts or devices (including robots or spiders) or any manual processes to copy or “scrape” the Site or its content for any purpose without our prior, express written permission; provided, however, that public search engine operators may use automatic devices (such as robots or spiders) to copy content from the Site for the sole and limited purpose of creating a searchable index of content that is available to the public; (iv) collect any personally identifiable information from the Site, including, without limitation, user names, email addresses or any other personally identifiable information; (v) attempt to or interfere with the proper operation of the Site or to impair or disable the Site; or (vi) post or transmit any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions, we may take any action we deem necessary to cure or prevent the violation.

3. TRADEMARKS. All trademarks, service marks, certification marks, trade names, trade dress, copyrights, patent rights, rights of publicity and other proprietary rights in or associated with the Site are the properties of Azustar, its affiliated entities, licensors or third-party suppliers of products, services or content. The material owned by or licensed to Azustar also includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these Terms. Nothing in these Terms or in or associated with the Site convey an ownership interest or a non-terminable license in any trademarks, service marks, trade names, trade dress, copyrights, patent rights, rights of publicity and other intellectual property or proprietary rights in or associated with the Site.

4. PRODUCT INFORMATION. All features, content, specifications, products and prices of products and services described or depicted on the Site are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. We make all reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services on this Site at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from this Site. By placing an order, you represent that the products ordered will be used only in a lawful manner.

5. SHIPPING LIMITATIONS. When an order is placed, it will be shipping to an address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on this Site. All purchases from this Site are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from this Site pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.

6. THIRD PARTY LINKS. The Site may contain links to the web sites of third-party web sites. You assume sole responsibility for your access to and use of such sites. You acknowledge and agree that, when you follow any link on the Site to another web site, your access to and use of such site is subject to the terms of service and privacy statements of those respective sites. You should read the terms of service and privacy statements for any such web site to ensure that you agree to be bound by and to abide by such terms. If you do not agree to the applicable terms of service and privacy statements governing such web sites, you should not access or use them.

7. LINKS TO THE SITE. We hereby grant you a non-exclusive, limited license to link to the Site from any site you own or control so long as the purpose of such site is not (i) commercially competitive with the business of Azustar or its affiliates, or (ii) to criticize, disparage or otherwise injure us, our products or services. If you choose to link to the Site, the site where the link resides, and all other locations to which such site links, must comply with all applicable federal, state and local laws. We expressly reserve our right to direct you to remove links to the Site at any time in our sole discretion.

8. USER INFORMATION. Other than personally identifiable information, which is subject to this Site’s Privacy Policy, any material, information, suggestions, ideas, concepts, know-how, techniques, questions, comments or other communication you transmit or post to this Site in any manner (“User Communications”) is and will be considered non-confidential and non-proprietary. We and our respective affiliates and our or their designees may use any or all User Communications for any purpose whatsoever, including, without limitation, reproduction, transmission, disclosure, publication, broadcast, development, manufacturing and/or marketing in any manner whatsoever for any or all commercial or non-commercial purposes. We may, but are not obligated to, monitor or review any User Communications. We will have no obligation to use, return, review, or respond to any User Communications. We will have no liability related to the content of any such User Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. We retain the right to remove any or all User Communications that includes any material we deem inappropriate or unacceptable.

9. DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY. THIS SITE AND THE CONTENTS OF THIS SITE ARE PROVIDED “AS IS” WITHOUT WARRANTY, REPRESENTATION, CONDITION OR GUARANTEE OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES, REPRESENTATIONS, CONDITIONS OR GUARANTEES OF QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ALL OF WHICH ARE DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. Some jurisdictions do not allow the exclusion of implied warranties in certain circumstances, so the above exclusion may not apply to you. Azustar is not responsible for any inaccuracies, typographical errors or any other mistakes on this Site or in any content you may obtain from this Site, and reserves the right to make corrections.

IN NO EVENT SHALL AZUSTAR OR ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES, BE LIABLE FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THIS SITE, ANY MATERIALS, INFORMATION OR RECOMMENDATIONS APPEARING ON THIS SITE, OR ANY LINK PROVIDED ON THIS SITE, WHETHER OR NOT AZUSTAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

10. REVISIONS TO THESE TERMS AND CONDITIONS. These Terms may be revised at any time and from time to time by updating this posting. You should visit this page from time to time to review the then current Terms because they are binding on you. Certain provisions of these Terms may be superseded by legal notices or terms located on particular pages of this Site.

11. INDEMNIFICATION. You agree to indemnify and hold harmless Azustar, its affiliates, and their respective members, directors, officers, managers, employees, shareholders, agents, licensors, successors and assigns, from and against all claims, demands, losses, expenses, damages and costs, including reasonable attorneys’ fees, arising out of or resulting from: (i) your access to or use of the Site; (ii) your User Communications; (iii) any actual or alleged violation or breach of the Terms, including without limitation any representation, warranty or covenant you have made to us; or (iv) any of your acts or omissions that violate any law or the rights of any third party.

12. MISCELLANEOUS. These Terms shall be construed in accordance with and governed by the laws of the State of California notwithstanding its conflicts of law principles. You and Azustar expressly agree to exclude application of the United Nations Convention on Contracts for the International Sale of Goods or any local implementation of such convention. If any part of these terms and conditions is unlawful, void or unenforceable, that part will be deemed severable and will not affect the enforceability of the remaining provisions. Any dispute arising out of these Terms or the use of this Site shall be initiated and conducted in the state or federal courts of Santa Clara County, California, and you and Azustar consent to the exclusive jurisdiction of such courts.This is the entire agreement between you and Azustar relating to the use of this Site.

13. TERMINATION. You or we may suspend or terminate your account or your use of this Site at any time, for any reason or for no reason. You are personally liable for any orders placed or charges incurred through your account prior to termination. We reserve the right to change, suspend, or discontinue all or any aspect of this Site at any time without notice.

14. CONTACT. Azustar can be contacted via surface mail at Auzura Inc., 800 West El Camino Real, Suit 180. Mountain View, CA 94090. USA and by email at info@auzura.com.