Conditions of Use

Avion Power LLC and/or its affiliates (“Avion”) provide website features to you subject to the following conditions. If you visit or shop at avionpower.com, you accept these conditions. Please read them carefully.

PRIVACY
Our Privacy Notice governs your visit to Avion Power. Please review it to understand our practices.

ELECTRONIC COMMUNICATIONS
When you visit avionpower.com or send e-mails to us, you consent to receive communications from us electronically. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy legal requirement that such communications be in writing.

COPYRIGHT
All site content, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Avion Power and protected by United States and international copyright laws. Software used on this site is the property of Avion Power and protected by United States and international copyright laws.

TRADEMARKS
Avion Power, avionpower.com and Design, Voyager and Design, and other avionpower.com graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of Avion Power in the U.S. and/or other countries. Avion Power’s trademarks and trade dress may not be used in connection with any product or service in any manner that is likely to cause confusion, or in any manner that discredits Avion Power. All other trademarks not owned by Avion Power that appear on this site are the property of their respective owners.

LICENSE AND SITE ACCESS
Avion Power grants you a limited license to access and use this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Avion Power. This license does not include any resale or commercial use of this site or its contents; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. No portion of this site may be reproduced, sold, or otherwise exploited for any commercial purpose without express written consent of Avion Power. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Avion Power without express written consent. Any unauthorized use terminates the permission or license granted by Avion Power. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Avionpower.com so long as the link does not portray Avion Power, or its products or services in a false, misleading, derogatory, or otherwise offensive matter.

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. Avion Power reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may post reviews and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Avion Power reserves the right (but not the obligation) to remove or edit such content.

If you do post content or submit material, and unless we indicate otherwise, you grant Avion Power a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Avion Power and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Avion Power for all claims resulting from content you supply. Avion Power has the right but not the obligation to monitor and edit or remove any activity or content. Avion Power takes no responsibility and assumes no liability for any content posted by you or any third party.

RISK OF LOSS
All items purchased from Avion Power are subject to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

PRODUCT DESCRIPTIONS
Avion Power attempts to be as accurate as possible. However, Avion Power does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Avion Power is not as described, your sole remedy is to return it in unused condition.

PRICING
Except where noted otherwise, the List Price displayed for products on our website represents the full retail price listed on the product itself. We cannot confirm the price of an item until you order; despite our best efforts, a small number of the items in our catalog may be mispriced. If an item’s correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY AVION POWER ON AN “AS IS” AND “AS AVAILABLE” BASIS. AVION POWER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, AVION POWER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. AVION POWER DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR E-MAIL SENT FROM AVION POWER ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. AVION POWER WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

APPLICABLE LAW

By visiting avionpower.com, you agree that the laws of the Commonwealth of Massachusetts, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Avion Power.

DISPUTES

Any dispute relating in any way to your visit to avionpower.com or to products or services sold or distributed by Avion Power or through avionpower.com in which the aggregate total claim for relief sought on behalf of one or more parties exceeds $7,500 shall be adjudicated in any state or federal court in Norfolk County, Massachusetts, and you consent to exclusive jurisdiction and venue in such courts.

SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review other policies posted on this site. These policies also govern your visit to avionpower.com. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

OUR ADDRESS
Avion Power LLC
111 Downey St
Norwood, MA 02062