TERMS AND CONDITIONS

ALONG WITH THE TERMS AND CONDITIONS ON THIS PAGE, THERE ARE A FEW ADDITIONAL TERMS OF USE AND ADDITIONAL PRIVACY POLICY ITEMS

January 1st, 2020

Welcome to AYAHoldings.com. This website (“Site”) is owned and operated by AYAHoldings.com, and its third-party licensors and its affiliates (“AYAHoldings.com").

By visiting or shopping at this site you accept these conditions, so please read them carefully. We reserve the right at our discretion to revise these Terms and Conditions from time to time. Please check these Terms and Conditions periodically.

By using the Site after we post changes to these Terms and Conditions, you agree to accept those changes, whether or not you have actually reviewed them.

If you do not agree to abide by these Terms and Conditions, please do not enter or make any use of the Site.

PRIVACY

Please review our Privacy Statement, which also governs your visit to the Site, to understand our practices. By providing information for a giveaway, you agree to receiving promotional and informational emails, with the option to unsubscribe at any time.

SUBSCRIPTION POLICY

Please review our Subscription Policy that also governs your visit to the Site, to understand our practices.

GIVEAWAY OFFICIAL RULES

Please review our AYAHoldings.com CONTESTS AND GIVEAWAYS, which govern all Contests and Giveaways and Contest and Giveaway participation.

DISCLAIMERS

You acknowledge and agree that: AYAHoldings.com makes no representations or warranties of any kind or nature with respect to the information or content posted on this web site. AYAHoldings.com hereby disclaims all representations and warranties, whether express or implied, created by law, contract or otherwise, including, without limitation, any warranties of merchantability, fitness for a particular purpose, title or non-infringement.

In no event shall AYAHoldings.com be liable for any damages of any kind or nature, including, without limitation, direct, indirect, special (including loss of profit) consequential or incidental damages arising from or in connection with the existence or use of this internet site and/or the information or content posted on this web site, regardless of whether AYAHoldings.com has been advised as to the possibility of such damages.

AYAHoldings.com is not responsible, and provides no warranty whatsoever, for the accuracy, effectiveness, timeliness and suitability of any information or content obtained from third parties, including any hyperlinks to or from third-party sites. Except as otherwise provided on this web site, AYAHoldings.com will not edit, censor or otherwise control any content provided by third parties on any bulletin board, chat room or other similar forums posted on its web site; such information should, therefore, be considered as suspect and is not endorsed by AYAHoldings.com.

This Web site may contain forward-looking statements that reflect AYAHoldings.com current expectation regarding future events and business development. The forward-looking statements involve risks and uncertainties. Actual developments or results could differ materially from those projected and depend on a number of factors including, but not limited to, the success of current research programs, results of pending or future clinical trials, ongoing commercialization of its products, regulatory approvals of pharmaceuticals, validity and enforcement of its patents, the stability of its commercial relationships, and the general economic conditions. AYAHoldings.com intends to update this site on a regular basis but assumes no obligation to update any of the content.

COPYRIGHT

All content included on this Site, including, but not limited to, text, graphics, photographs, images, button icons, page headers, moving images, sound, illustrations and software (“Content”), is owned by AYAHoldings.com and/or its third-party providers and is protected by United States and international copyright laws.

You may not modify, remove, delete, augment, add to, publish, display, transmit, retransmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, you may download or make copies of select portions of the Content, provided that the copies are made only for your personal use and that you maintain any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see, e.g., 17 U.S.C. Section 107), you may not upload, post, reproduce, or distribute in any way Content displayed on this Site without obtaining the prior written permission of AYAHoldings.com.

Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Site, the Content, or any information displayed on the Site, through the use of framing or otherwise, except: (a) as expressly permitted by these Terms and Conditions; or (b) with the prior written permission of AYAHoldings.com or the prior written permission from such third party that may own the trademark or copyright of information displayed on the Site.

TRADEMARKS

All trademarks, service marks and trade names of AYAHoldings.com are trademarks or registered trademarks of AYAHoldings.com or its affiliates and third-party licensors, including, but not limited to: AYAHoldings.com, Nothing contained in or on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of the trademarks or other intellectual property rights displayed in or on the Site unless the prior written consent of AYAHoldings.com has been obtained. Other than as expressly provided by these Terms and Conditions, your use of the trademarks or any other intellectual property rights or any Content in or on the Site in any way whatsoever is strictly prohibited. AYAHoldings.com operates a worldwide program to enforce its intellectual property rights to the fullest extent of the law.

SITE ACCESS

You may not download (other than page caching) or modify the Site or any portion of it, without our express prior written consent of AYAHoldings.com. This includes: a prohibition on any resale or commercial use of the Site or the Content; any collection and use of any product listings, descriptions, or prices; any derivative use of the Site or the Content; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, browsers, spiders, avatars or intelligent agents or similar data gathering and extraction tools other than the search engine and search agents available from AYAHoldings.com on this Site and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer).

The Site or any portion of the Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express prior written consent of AYAHoldings.com.

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 AYAHoldings.com without our express prior written consent of AYAHoldings.com.

You may not use any meta tags or any other “hidden text” utilizing our name or trademarks without the prior written consent of AYAHoldings.com.

You are prohibited from violating or attempting to violate the security of the Site, including, without limitation: (1) accessing data not intended for you or logging into a server or account which you are not authorized to access, (2) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (3) attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding”, “spamming”, “mailbombing” or “crashing”, (4) sending unsolicited e-mail, including promotions and/or advertising of products or services, or (5) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability. AYAHoldings.com will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

USER SUBMISSION

Any photographs or other content submitted by you for consideration for publication on the AYAHoldings.com's Site, collectively referred to as “User Submissions,” shall be subject to the provisions of these Terms and Conditions.

1.) By using this Site and submitting User Submissions, you agree to these Terms and Conditions. You understand that whether or not any User Submissions are published, AYAHoldings.com does not guarantee any confidentiality with respect to the User Submissions, AYAHoldings.com does not promise or agree to publish any User Submissions, and AYAHoldings.com will not return any User Submissions but is free, in its discretion, to destroy the User Submissions.

2.) You shall be solely responsible for your own User Submissions and the consequences of the posting or publishing of them. In connection with User Submissions, you affirm, represent, and warrant that you own and have the right to assign and transfer to AYAHoldings.com, without permission or consent of any third party, all right and interest in the User Submissions and in the intellectual property, and any other proprietary right, contained therein without limitation.

3.) By tendering the User Submissions to AYAHoldings.com, you warrant, represent and agree that all intellectual

property rights contained in the User Submissions, including all copyright, trademark, trade secret, and any other proprietary rights are thereby assigned and transferred to AYAHoldings.com without any further documentation and that AYAHoldings.com shall thereafter be the sole and exclusive owner of the User Submissions and of all intellectual property rights and proprietary rights contained there without exception or limitation. By tendering the User Submissions, you warrant, represent and agree that AYAHoldings.com shall have the sole and exclusive right of use of any and all patent, trademark, trade secret, copyright or other proprietary rights in and to the User Submissions without limitation.

4.) In connection with User Submissions, you warrant, represent and agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights.

Further, you warrant, represent and agree that all User Submissions will comply with AYAHoldings.com’s privacy policy as established from time to time.

5.) You warrant, represent and agree that, in connection with User Submissions, you will not submit material that is contrary to the AYAHoldings.com guidelines that may exist from time to time, or contrary to applicable local, national, and international laws and regulations. Further, as to any User Submissions invited by AYAHoldings.com to be submitted for consideration of publishing on its Site, you warrant, represent and agree that no law was violated and no right of any person was harmed in obtaining, procuring, creating or developing the material included within the User Submissions, it being clearly understood that AYAHoldings.com does not authorize, approve or encourage any violation of the law or harm to any person’s legal rights with respect to the User Submissions.

6.) You warrant, represent and agree that AYAHoldings.com has the sole right to elect to publish or not to publish the User Submissions, and if published it has the right to terminate publication in its sole discretion without liability to you or to any third party.

7.) You warrant, represent and agree that your User Submissions:

a.) Shall not misrepresent any person or product; shall not falsely impersonate any person or product; shall not contain any false, misleading or deceptive trademarks, devices or symbols that could tend to confuse or could likely confuse any person as to the source, sponsorship, affiliation, membership, quality, characteristics, or features of the person or product represented in the User Submissions;

b.) Shall not depict a minor person under the age of 18 years without consent of the parent or guardian of the minor person;

c.) Shall not depict any person or product in a false light, or in a disparaging or tarnishing manner;

d.) Shall not be copied by you or anyone else under your instruction or control; shall not be submitted for publication to any other person, publisher, website or source;

e.) Shall not have been published previously on any website or other medium prior to submission to AYAHoldings.com shall not be liable to you or to any third party for any royalty, payment, use fee or any other consideration for or pertaining to the publishing, copying, distribution or any other use of the User Submissions without limitation. You acknowledge and agree that your submission of the User Submissions to AYAHoldings.com for publishing consideration shall, together with your use of the Site, represent and constitute the sole and exclusive consideration for your obligations under these Terms and Conditions.

DIGITAL MILLENNIUM COPYRIGHT ACT

Written DMCA Notice. If you are a copyright owner, or an agent of a copyright owner, and believe that a User Submission or other content displayed on this Site infringes your copyright, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing AYAHoldings.com with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

a.) Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

b.) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

c.) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;

d.) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;

e.) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; (i) statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. AYAHoldings.com to receive notifications of claimed infringement is: AYAHoldingsGroup@gmail.com. Only DMCA notices should go to Vis-TechLabs.com. If you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid. (ii) Written DMCA Counter-Notice. If you believe that your User Submission that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to have your User Submission posted and used on this Site, then you may send a counter-notice containing the following information to AYAHoldings.com: (a) Your physical or electronic signature; (b) Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled; (c) A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and (d) Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Bergen County, New Jersey, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the AYAHoldings.com Copyright Team, then AYAHoldings.com may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in ten (10) business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in ten (10) to fourteen (14) business days or more after receipt of the counter-notice, at AYAHoldings.com’s sole discretion.

PRODUCT AVAILABILITY

Most AYAHoldings.com products displayed at the Site are available online in the United States. In some cases, merchandise displayed for sale at the Site may be available in stores. The prices displayed at the Site are quoted in U.S. Dollars and are valid and effective only in the United States.

YOUR ACCOUNT

If you use the 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. AYAHoldings.com reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

EXPORT

The U.S. export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. You agree to abide by these laws and their regulations, including but not limited to, the Export Administration Act and the Arms Export Control Act and not to transfer, by electronic transmission or otherwise, any Content derived from the Site to either a foreign national or a foreign destination in violation of such laws.

RISK OF LOSS

All items purchased from us are made pursuant 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.

LINKS

We are not responsible for the content of any sites that may be linked to or from this Site. These links are provided for your convenience only and you access them at your own risk. Any other website accessed from the Site are independent from AYAHoldings.com, and AYAHoldings.com has no control over the content of that other website. In addition, a link to any other website does not imply that AYAHoldings.com endorses or accepts any responsibility for the content or use of such other website. In no event shall any reference to any third party or third party product or service be construed as an approval or endorsement by AYAHoldings.com of that third party or of any product or service provided by a third party.


You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the homepage of this Site so long as the link does not portray AYAHoldings.com or their products or services in a false, misleading, derogatory, or otherwise offensive matter.

You may not use any AYAHoldings.com logo or other proprietary graphic or trademark as part of the link without our prior express written permission.

DISCLAIMERS OF WARRANTY

THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NEITHER AYAHoldings.com, NOR ITS CONTENT PROVIDERS, AFFILIATES, SUBSIDIARIES, OR DESIGNEES, NOR EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS, DESIGNERS, CONTRACTORS, DISTRIBUTORS MERCHANTS, SPONSORS, LICENSORS OR THE LIKE (COLLECTIVELY, “ASSOCIATES”) WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED, RELIABLE, CURRENT OR ERROR-FREE. NEITHER AYAHoldings.com, NOR ITS ASSOCIATES WARRANT THE ACCURACY, INTEGRITY, OR COMPLETENESS OF THE CONTENT PROVIDED ON THE SITE OR THE PRODUCTS OR SERVICES OFFERED FOR SALE ON THE SITE.
 

FURTHER, WE MAKE NO REPRESENTATION THAT CONTENT PROVIDED ON AYAHoldings.com IS APPLICABLE OR APPROPRIATE FOR USE IN LOCATIONS OUTSIDE OF THE UNITED STATES. AYAHoldings.com AND ITS ASSOCIATES SPECIFICALLY DISCLAIM WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY AYAHoldings.com SHALL CREATE A WARRANTY.

YOU EXPRESSLY AGREE THAT THE USE OF THE SITE IS AT YOUR SOLE RISK.

LIMITATIONS OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL AYAHoldings.com OR ITS ASSOCIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SITE, INCLUDING BUT NOT LIMITED TO RELIANCE BY A USER ON ANY INFORMATION OBTAINED AT THE SITE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, LOSS OF DATA OR PROFITS, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO AYAHoldings.com RECORDS, PROGRAMS OR SERVICES.

THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER ACTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF AYAHoldings.com HAS BEEN ADVISED OF OR SHOULD HAVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES.

YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE AND SERVICES AVAILABLE THROUGH THE SITE.

BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. HOWEVER, THE LIABILITY OF AYAHoldings.com AND ITS ASSOCIATES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE AYAHoldings.com SITE, OR WITH ANY OF THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. IF A PRODUCT OFFERED BY AYAHoldings.com IS NOT AS DESCRIBED, YOUR SOLE REMEDY IS TO RETURN IT IN UNUSED CONDITION.

Prices, descriptions and availability of products on AYAHoldings.com are subject to change without notice. Errors will be corrected when discovered, and we reserve the right to revoke any stated offer and to correct any errors, inaccuracies, or omissions (including after an order has been submitted whether or not the order has been confirmed and your credit card charged).

ONLINE CONDUCT

You agree to use this Site only for lawful purposes. You are prohibited from posting on or transmitting through this Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law. If we are notified of allegedly infringing, defamatory, damaging, illegal, or offensive Content provided by you (e.g., through an author chat or online review), AYAHoldings.com may investigate the allegation and determine in its sole discretion whether to remove or request the removal of such Content from the Site.

We may disclose any Content or electronic communication of any kind (a) to satisfy any law, regulation, or government request; (b) if such disclosure is necessary or appropriate to operate AYAHoldings.com; or (c) to protect the rights or property of AYAHoldings.com, its Associates and you.

AYAHoldings.com reserves the right to prohibit conduct, communication, or Content that AYAHoldings.com deems in its sole discretion to be unlawful or harmful to you, AYAHoldings.com, any rights of AYAHoldings.com, or any third party. Notwithstanding the foregoing, neither AYAHoldings.com nor its Associates can ensure prompt removal of questionable content after online posting. Accordingly, neither SAYAHoldings.com, nor its Associates assume any liability for any action or inaction with respect to conduct, communication, or Content on the Site.

TERMINATION OF USAGE

We may terminate your access or suspend your right to access to all or part of the Site, without notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law or is harmful to the interests of another user, AYAHoldings.com or its Associates.

USAGE BY INDIVIDUALS UNDER THE AGE OF 18

We cannot prohibit minors from visiting the Site. We must rely on parents, guardians and those responsible for supervising children under 18 to decide which materials are appropriate for such children to view and/or purchase.

If you are under 18, you may use this Site only with involvement of a parent or guardian.

We require that all purchases be made by adult individuals 18 years of age or older, or give verifiable permission for such minors to purchase items on the Site and for the collection by us of certain information in accordance with the terms of our privacy policy.

EACH TIME YOU PURCHASE A PRODUCT ON AYAHoldings.com, YOU ARE REPRESENTING TO AYAHoldings.com THAT YOU ARE AN INDIVIDUAL 18 YEARS OF AGE OR OLDER, AND FOR THE COLLECTION BY US OF CERTAIN INFORMATION IN ACCORDANCE WITH THE TERMS OF OUR PRIVACY POLICY.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless AYAHoldings.com, including its officers, members, subsidiaries, parents, affiliates, successors, assigns, agents, suppliers and employees, from and against any and all claims, damages (actual and statutory), judgments, penalties, fines, costs and expenses, including attorneys’ fees, arising from or related to (i) your use of the Site, (ii) your tender of User Submissions, and (iii) your warranties, representations or agreements contained in these Terms and Conditions

APPLICABLE LAW

By visiting AYAHoldings.com, you agree that the laws of the State of New Jersey, U.S.A., without regard to principles of conflict of laws and not the 1980 U.N. Convention on contracts for the international sale of goods, will govern these Terms and Conditions and any dispute of any sort that might arise between you and AYAHoldings.com and its Associates.

DISPUTES

If a dispute arises between the Parties (including any agents, employees, officers, representatives or related entities or persons) arising under your visit to this website or otherwise so long as it does not a claim for criminal or statutory violations, then the dispute shall be submitted for arbitration, and the Parties agree to be bound by the result.

The Parties agree to binding arbitration, and has waived the right to submit the dispute for determination by a judge or jury trial, the parties acknowledge that pre-arbitration discovery is generally more limited than and different from that allowed in court proceedings, the Parties acknowledge that the arbitrator’s award is not required to include factual findings or legal reasoning, the Parties acknowledge that the arbitration award is final and binding on the Parties, and the Parties further acknowledge and agree that the grounds for appeal of an arbitration award are very limited compared to a court judgment or jury verdict.

It is further agreed and understood that initial resort to the courts by either party shall not be considered a waiver of that party’s right to compel binding arbitration under this provision.

Arbitration shall be in accordance with New Jersey Court Rule 4:21A-2. The Parties agree that they will have the right do discovery as provided in New Jersey Court Rule 4:21A-4(a), except that the arbitrator(s), rather than the court, shall resolve all discovery disputes that arise.

The arbitration otherwise will be conducted pursuant to the JAMS Recommended Arbitration Discovery Protocols for Domestic, Commercial Cases which can be found at http:// www.jamsadr.com/arbitration-discovery-protocols/. The JAMS contact information, cost and relevant factors considered by JAMS arbitrators are all listed extensively on its website so please read and review same and direct questions related to arbitration directly to JAMS and its managers. All costs of such arbitration shall be split equally between the Parties except each party is responsible for its own attorneys’ fees and costs.

AYAHoldings.com’s failure to insist upon or enforce strict performance of any provision of these Terms and Conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms and Conditions.

SITE POLICIES, MODIFICATION AND SEVERABILITY

Please review our other policies, such as our Privacy Policy, posted on the Site.

 

These policies also govern your visit to the Site.

We reserve the right to make changes to the Site, policies, and these Terms and Conditions at any time.

If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed sever able and shall not affect the validity and enforceability of any remaining condition.

MISCELLANEOUS

Your obligations under these Terms and Conditions shall survive termination, and shall be binding on your heirs, administrators, successors and assigns.

TAXES

We will collect applicable sales tax on Products shipped to the states for which we determine we have a duty to collect sales tax.

If an item is subject to sales tax, you agree that the amount of taxes shown at checkout may be adjusted. Several factors may cause this, such as variances between processor programs and changes in tax rates.

SHIPPING AND HANDLING

You agree to pay any shipping and handling charges shown at the time you make a purchase. We reserve the right to increase, decrease, add or eliminate shipping and handling charges from time to time, but we will provide notice of the charges applicable to you before you make your purchase.

Generally, shipping is handled by a third party courier. When you purchase a product from the AYAHoldings.com, any shipping times shown on the Sites are estimates only. Actual delivery dates may vary. You agree that you will not obtain, or direct shipment of, a Product for export.

All Products purchased from us are made pursuant to a shipment contract. This means that title to and the risk of loss of such Products passes to you upon our delivery of the Product to the third party courier.

COUPONS AND DISCOUNT CODES

Coupon and discount codes cannot be combined with Holiday sale offers and codes (e.g., Memorial Day, Independence Day or Labor Day, among others).

Coupon codes are not valid on past purchases and cannot be combined with other offers. AYAHoldings.com reserves the right to determine whether a preexisting discount code will be honored, and if so up to what percentage or amount thereof, if attempting to combine with a Holiday sale.

Only one promo code per transaction.

IN ADDITION TO THE PRIVACY POLICY DOCUMENT ON AYAHOLDINGS.COM

This privacy statement covers this site. Because AYAHoldings.com wants to demonstrate its commitment to our users’ privacy, it is disclosing its information practices policy and invites public comment on this policy.

The statement explains the following:

(a) What personally identifiable information AYAHoldings.com collects.

(b) How AYAHoldings.com uses the information.

(c) That AYAHoldings.com does not share user information except in limited circumstances.

(d) What choices are available to users regarding collection, use and distribution of the information.

(e) How users can correct any inaccuracies in the information.

Information AYAHoldings.com collects

We collect information from you when you register on our site, place an order, subscribe to our newsletter, respond to a survey or fill out a form. When ordering or registering on our site, as deemed appropriate, you may be asked to enter your name, e-mail address, mailing address, phone number or credit card information. You may, however, visit our site anonymously.

AYAHoldings.com Uses Your Information For:

Log Files. Like most standard websites, we use log files. This includes internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, platform type, date/ time stamp, and number of clicks to analyze trends, administer the site, track user’s movement in the aggregate, and gather broad demographic information for aggregate use. We use a tracking utility that collates data from log files to analyze user movement.

Communicate Special Offers and Updates. We send all new members a welcoming email to verify the desire to receive email from us. Established members will occasionally receive information on products, services, special deals, and a newsletter. Out of respect for the privacy of our users we present the option to not receive these types of communications. Please see the Choice/Opt Out section.

Email Newsletter. If a user wishes to subscribe to our newsletter, we ask for contact information such as name and email address. Out of respect for our users privacy we provide a way for the user to opt out of these communications. Please see the Choice/Opt Out section.

Provide Service Announcements. On rare occasions it is necessary to send out a strictly service related announcement. For instance, if our service is temporarily suspended for maintenance we might send users an email. Generally, users may not opt-out of these communications, though they can deactivate their account. However, these communications are not promotional in nature.

Customer Service. AYAHoldings.com communicates with users on a regular basis to provide requested services and with regard to issues relating to their account, we may reply via email or phone.

Information Protection. We implement a variety of security measures to maintain the safety of your personal information when you place an order or enter, submit, or access your personal information. AYAHoldings.com incorporates physical, electronic, and administrative procedures to safeguard the confidentiality of your personal information, including Secure Sockets Layer (“SSL”) for all financial transactions through the Site.

AYAHoldings.com uses SSL encryption to protect your personal information online, and we also take several steps to protect your personal information in our facilities. Access to your personal information is restricted. Only employees who need access to your personal information to perform a specific job are granted access to your personal information. Finally, we rely on third- party service providers for the physical security of some of our computer hardware. We believe that their security procedures are adequate. For example, when you visit the Site, you access servers that are kept in a secure physical environment, behind a locked cage and a hardware firewall.

While we use industry-standard precautions to safeguard your personal information, we cannot guarantee complete security. 100% complete security does not presently exist anywhere online or offline.

After a transaction, your private information (credit cards, social security numbers, financials, etc.) will not be stored on our servers.

SHARING

Legal Disclaimer. Though AYAHoldings.com makes every effort to preserve user privacy, we may need to disclose personal information when required by law where we have a good-faith belief that such action is necessary to comply with a current judicial proceeding, a court order or legal process served on our web site. Where possible, we will notify affected users before disclosing information in response to a subpoena.

Business Transitions. In the event AYAHoldings.com goes through a business transition, such as a merger, being acquired by another company, or selling a portion of its assets, users’ personal information will, in most instances, be part of the assets transferred.

Links. This web site contains links to other sites. Please be aware that we, AYAHoldings.com, are not responsible for the privacy practices of any other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of each and every web site that collects personally identifiable information. This privacy statement applies solely to information collected by this web site.

Security. This web site takes every precaution to protect our users’ information. When users submit sensitive information via the web site, their information is protected both online and off- line.

When our order form asks users to enter sensitive information (such as credit card number and/or social security number), that information is encrypted and is protected with the best encryption software in the industry — SSL.

While on a secure page, such as our order form, the lock icon on the bottom of web browsers such as Netscape Navigator and Microsoft Internet Explorer becomes locked, as opposed to un- locked, or open, when users are just ‘surfing’.

While we use SSL encryption to protect sensitive information online, we also do everything in our power to protect user information off-line. All of our users’ information, not just the sensitive information mentioned above, is restricted in our offices. Only employees who need the information to perform a specific job are granted access to personally identifiable information. Finally, the servers that store personally identifiable information are in a secure environment, in a locked facility.

Choice/Opt Out. Users who no longer wish to receive our newsletter or promotional

communications may opt out of receiving these communications by sending email to AYAHoldingsGroup@gmail.com.

By using AYAHoldings.com, you consent to our Privacy Policy.


By using AYAHoldings.com, you consent to our Terms of Use.


By using AYAHoldings.com, you consent to our Return Policy.


By using AYAHoldings.com, you consent to our Terms and Conditions.