Interpretation and Definitions
The meanings and interpretations of important terminology used in the Terms of Service listed for the Asouvenirs website are given in the section that follows.
Interpretation
The following criteria establish the precise meanings of words with capitalized first letters. Whether the words are used in the singular or plural, these definitions hold true.
Definitions
For these Terms of Service:
- Country: Refers to Texas, United States.
- Company: Referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement, refers to Asouvenirs, 1314 W McDermott Dr, Suite 130, Allen, Texas 75013, United States.
- Device: Any device that can access the Service, such as a computer, a cellphone, or a digital tablet.
- Service: Refers to the Website.
- Terms of Service (also referred to as “Terms”): These Terms of Service form the entire agreement between You and the Company regarding the use of the Service.
- Third-party Social Media Service: Any services or content (including data, information, products, or services) provided by a third party that may be displayed, included, or made available by the Service.
- Website: Refers to Asouvenirs, accessible from https://asouvenirs.com
- You: Means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Acknowledgment
The agreement between You and the Company as well as the Terms of Service governing the use of the Service are described in this section. All users’ rights and obligations regarding the use of the Service are outlined in these terms.
You must accept and abide by these Terms of Service in order to access and use the Service. All users, visitors, and other individuals who access or use the Service are subject to these Terms of Service.
You accept these Terms of Service by using the Service or by accessing it. You are not permitted to use the Service in the event that You disagree with any portion of these Terms of Service.
You declare that you are older than eighteen. The Service is not accessible to users under the age of eighteen by the Company.
Links to Other Websites
Links to external websites or services that are not within the Company’s ownership or control may be found in Our Service.
Regarding any third-party websites or services, the Company has no control over their content and disclaims all liability with regard to their privacy policies and practices. You understand and agree that the Company shall not be liable, directly or indirectly, for any loss or damage resulting from, or allegedly resulting from, the use of, or reliance on, any such products, services, or content made available on or through any such websites or services.
It is highly advised that you go over the privacy policies and terms of service of any third-party websites or services you visit.
Termination
We retain the right, for any reason, including without limitation if You breach these Terms of Service, to immediately cancel or suspend Your access, without prior warning or liability. Your ability to use the Service will end instantly upon termination.
Limitation of Liability
Your exclusive remedy for all of the above, regardless of any damages You may suffer, shall be limited to the amount that You have actually paid through the Service, or $100 USD if You have not made any purchases through the Service. This is the Company’s and any of its suppliers’ entire liability under any provision of these Terms.
To the greatest extent allowed by applicable law, neither the Company nor its suppliers shall be liable for any special, incidental, indirect, or consequential damages of any kind, including, but not limited to, damages for lost profits, lost data, or other information, business interruption, personal injury, or loss of privacy resulting from or connected in any way to the use of the Service, third-party hardware used in conjunction with the Service, or otherwise in connection with any provision of these Terms, even if the Company or any supplier has been advised of the potential for such damages and even if the remedy fails to fulfill its primary function.
Some of the aforementioned restrictions might not be applicable in certain states since they prohibit the exclusion of implied warranties and the limitation of liability for incidental or consequential damages. To the maximum degree allowed by law, each party’s liability will be restricted in these states.
“AS IS” and “AS AVAILABLE” Disclaimer
The Service is provided to You “AS IS” and “AS AVAILABLE,” with all faults and defects, without any kind of warranty. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and their respective licensors and service providers, explicitly disclaims all warranties, whether express, implied, statutory, or otherwise, with respect to the Service. This includes all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, as well as warranties that may arise out of course of dealing, course of performance, usage, or trade practice. In addition to the aforementioned, the Company makes no guarantees or undertakings of any kind regarding the Service’s ability to meet Your needs, produce the desired results, be compatible with or function with other software, applications, systems, or services, run without interruption, satisfy any performance or reliability standards, be error-free, or be able to be fixed if there are any errors or defects.
Furthermore, neither the Company nor any of its suppliers makes any express or implied representations or warranties of any kind regarding the availability, operation, or content of the Service, or the information, materials, and products included thereon; the uninterrupted or error-free nature of the Service; the correctness, dependability, or currency of any information or content provided through the Service; or the absence of viruses, scripts, trojan horses, worms, malware, time bombs, or other harmful elements from the Service, its servers, the content, or emails sent from or on behalf of the Company.
Some or all of the aforementioned exclusions and limitations may not apply to You because some jurisdictions do not permit the exclusion of certain warranties or limitations on applicable statutory rights of a consumer. The exclusions and limits outlined in this section, however, will be implemented to the maximum extent permitted by relevant law in such a situation.
Governing Law
The laws of the Country, excluding its conflicts of law rules, shall govern these Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.
Disputes Resolution
If You have any concerns or disputes about the Service, You agree to first try to resolve the dispute informally by contacting us.
For European Union (EU) Users
If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which You are resident.
United States Legal Compliance
You certify and warrant that: (i) you do not reside in a nation that is the target of an embargo imposed by the US government or that it has designated as a “terrorist supporting” nation; and (ii) you are not on any list of parties that the US government has banned or restricted access to.
Severability and Waiver
- Severability
In the event that any part of these Terms is found to be unenforceable or invalid, the remaining provisions will remain in full force and effect and the affected section will be modified and interpreted to the greatest degree permitted by applicable law in order to accomplish its goals.
- Waiver
Except as expressly stated here, neither the waiver of a breach nor the inability to enforce a party’s right to enforce performance of an obligation under these Terms shall affect that party’s ability to do so at any time in the future.
Translation Interpretation
These Terms of Service may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.
Changes to These Terms of Service
We reserve the right to amend or replace these Terms at any moment, in Our sole discretion. We shall try our best to give at least 30 days’ notice before any new terms take effect if a revision is significant. Governing Law will decide what changes are considered material.
Except any conflict of law regulations, these Terms of Service and Your use of the Service are governed by the laws of the United States. Additionally, there may be other local, state, federal, or international laws that apply to your use of the Service.