Effective Date: May 9, 2025
Welcome to Diamente, LLC (“Diamente,” “we,” “us,” or “our”). These Terms of Service (the “Terms”) govern your access to and use of our website at https://www.avenona.com (the “Site”), your purchase of any products (“Products”), and your receipt of any services (“Services”) from Avenona. By accessing or using the Site, ordering Products, or receiving Services, you agree to be bound by these Terms and our Privacy Policy.
1. Eligibility and Account Registration
- You must be at least eighteen (18) years old or the legal age of majority in your jurisdiction to use the Site or purchase Products.
- When you register for an account, you agree to provide accurate, complete, and current information, and to keep that information up to date.
- You are responsible for all activity that occurs under your account credentials. Notify us immediately of any unauthorized use.
2. Purchases and Payment
- All orders are subject to acceptance by Avenona. We reserve the right to reject or cancel any order, in whole or in part, for any reason.
- You agree to pay all charges for Products and Services at the prices in effect when the order is placed, plus applicable taxes (including Texas, Travis County sales tax).
- Payments are processed through third‑party payment processors. We do not store full payment card data on our servers.
- Prices and availability are subject to change without notice. We may correct errors or omissions in pricing at any time.
3. Shipping and Returns
Please review our Shipping Policy and Return Policy, each of which is incorporated by reference.
4. Intellectual Property
- All content on the Site—including text, graphics, logos, images, audio, video, software, and the arrangement thereof—is owned or licensed by Avenona and protected by U.S. and international intellectual property laws.
- You are granted a limited, non‑exclusive, non‑transferable license to access and use the Site and its content for personal, non‑commercial purposes only.
- Any unauthorized use of content may violate copyright, trademark, and other laws.
5. User‑Generated Content
- If you post reviews, comments, or other content (“User Content”), you grant Avenona a worldwide, perpetual, irrevocable, royalty‑free, sublicensable license to use, reproduce, adapt, publish, and distribute that content in any media.
- You represent that you own or have permission to post all User Content and that it does not violate any rights of third parties.
6. Prohibited Conduct
You agree not to:
- Use the Site for unlawful or fraudulent purposes.
- Impersonate another person or entity.
- Interfere with Site operation or security features.
- Reverse engineer or attempt to extract the source code of any software.
7. Disclaimers and Limitation of Liability
- THE SITE, PRODUCTS, AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.
- TO THE MAXIMUM EXTENT PERMITTED BY LAW, AVENONA DISCLAIMS ALL WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON‑INFRINGEMENT.
- IN NO EVENT WILL AVENONA OR ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS.
8. Governing Law and Dispute Resolution
- These Terms and any dispute arising out of them shall be governed by the laws of the State of Texas, without regard to conflict‑of‑law principles.
- You and Avenona agree to attempt to resolve any dispute informally by contacting the other party first.
- If we cannot resolve informally within 60 days, any dispute shall be submitted to binding arbitration administered by a nationally recognized arbitration forum in Travis County, Texas, under its rules.
- You may opt out of arbitration within 30 days of first ordering by emailing [email protected] with your name, address, and a statement of intent to opt out.
- Notwithstanding arbitration, either party may seek equitable relief in court to prevent unauthorized use of intellectual property.
9. Termination
We may suspend or terminate your access to the Site at any time for violation of these Terms. Sections 4, 5, 7, 8, and 10 survive termination.
10. Changes to Terms
We may update these Terms from time to time. We will post the revised date at the top. Your continued use after changes signifies acceptance.