Terms and Conditions

RETURNS

Except for items explicitly sold AS-IS, all refurbished equipment comes with a 14 day right-of-refusal (return for any reason) and may come with additional warranty against defects if stated. For new equipment, Avobus processes the manufacturer's warranty. Call us for an RMA number and instructions on how and where to return your order. A 20% restocking fee may be applied.

Return Shipping: Customer is responsible for return shipping charges, unless the item is confirmed defective. If any product is found to be defective, Avobus will promptly exchange and send a return label or UPS call tag for the return.

Returns for disposable accessories and special orders may be limited.

TERMS & CONDITIONS

These Terms and Conditions of Use (the "Terms of Use") apply to the Avobus web site located at avobus.com, and all associated sites linked to avobus.com by Avobus, its subsidiaries and affiliates, including Avobus sites around the world (collectively, the "Site"). The Site is the property of Avobus ("Avobus") and its licensors. BY USING THIS SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE. Avobus reserves the right, at its sole discretion and without prior notice, to: 1) change, modify, add or remove portions of these Terms of Use, at any time 2) monitor and remove postings and 3) discontinue site availability. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, Avobus grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site. This Agreement constitutes the entire agreement between you and Avobus relating to the subject matter herein. If any term, condition, or provision of this agreement is determined to be unlawful, invalid, void, or for any reason, unenforceable, the validity and enforceability of the remaining terms, conditions, and provisions shall not in any way be affected or impaired thereby.

Content

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, "Content"), including but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to Avobus, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

Intended Audience

This site, and the content thereof, (the "Site") is intended for users in the United States only. Avobus makes no representation that the Site is appropriate for use at locations outside the US. The Site is designed to comply with US laws and regulations and access to the Site may not be legal for certain persons in some countries or in some countries in general. This Site is not intended as a product solicitation or promotion of products in those countries, where such activities are prohibited. The Site may refer to products or services which are not available in your country. For specific information on what products are available for sale in a particular country, please contact your local Avobus representative or contact us.

Applicable Law

This Agreement is governed by and construed in accordance with the laws of New York State and North Carolina. You agree to be subject to the jurisdiction of the courts of New York State regarding the enforceability of this Agreement.

Disclaimer and Limit on Damage

AVOBUS DOES NOT REPRESENT, WARRANT OR PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. AVOBUS CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. AVOBUS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. AVOBUS DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY AVOBUS SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST AVOBUS FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

Avobus shall not be liable for damages of any kind, including without limitation special or consequential damages, arising out of your access to, or inability to access, this Site or your use of, or reliance upon, this Site or the content contained herein. In no event will Avobus or any party involved in creating, producing, or delivering information to the Site be liable to any party for any indirect, special, or other consequential damages, including without limitation, any lost profits, business interruption, loss of programs, or other data on your information handling system or otherwise, even if Avobus or its authorized representatives have been advised of the possibility of such damages for any claim attributable to use of this website including due to errors, omissions, or other inaccuracies in the website or software, or other material downloaded through or hyperlinked from the Site. Because some states do not allow the exclusion of implied warranties or limitation of liability for consequential or incidental damages, the above may not apply to you. In such states, Avobus’s liability is limited to the greatest extent permitted by law. In addition, Avobus has no duty to update this Site or the content hereof, and Avobus shall not be liable for any failure to update such information.

Links in the website may let you leave Avobus’s website. No warranties, whether express, implied, or otherwise may be attributed to Avobus based upon the presence of any externally directed hyperlink on this website. These links and other "resources" referenced on this site are provided merely as a public service to users of the World Wide Web and inclusion in our site does not constitute an endorsement by or affiliation with Avobus. You also understand that Avobus cannot and does not represent or warrant that any software or other material available from the website or other linked sites will be free of infection, viruses, or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the website for the reconstruction of any lost data. You assume total responsibility and risk for your access and use of the website, including your responsibility to evaluate the accuracy, completeness, and usefulness of all material provided through the website.

Limits on Accuracy

The website was developed as a service by Avobus to provide information about its products and services. Information is believed to be accurate at the time it is created. However, like any printed material, information may become outdated over time. Information on the website may contain technical inaccuracies or typographical errors. Information may be changed or updated without notice. There may also be improvements or changes in the products and services described in the website at any time without notice. It is important that you rely on the advice of an appropriate professional. Nothing contained in any presentation is to be construed as medical, legal, investment, financial, or other advice. This information is not intended to be a substitute for such advice. Avobus does not endorse any specific surgical techniques or methods of treatment. It is up to the individual health care professional to use their best medical judgment when determining appropriate patient care or surgical techniques. Individuals are advised to consult their health care professionals for full information about the potential adverse reactions from use of the medical technologies discussed in this site. Avobus will use reasonable efforts to include accurate and up-to-date information on the website, but Avobus makes no warranties or representations as to its accuracy. All users agree that all access to and use of the website is at their own risk.

Indemnity

You agree to indemnify, defend, and hold harmless Avobus, its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the website from and against all losses, expenses, damages and costs, including reasonable attorney’s fees, resulting from any information you provide or from any violation of this Agreement by you.

Violation of Terms of Use

Avobus may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Avobus’s rights or property, or the rights or property of visitors to or users of the Site, including Avobus’s customers. Avobus reserves the right at all times to disclose any information that Avobus deems necessary to comply with any applicable law, regulation, legal process or governmental request. Avobus also may disclose your information when Avobus determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

You acknowledge and agree that Avobus may preserve any transmittal or communication by you with Avobus through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or Avobus determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of Avobus, its employees, users of or visitors to the Site, and the public.

Collecting Personal Information

When you visit the Site, we collect certain information about your device, your interaction with the Site, and information necessary to process your purchases. We may also collect additional information if you contact us for customer support. In this Privacy Policy, we refer to any information that can uniquely identify an individual (including the information below) as Personal Information".

See the list below for more information about what Personal Information we collect and why.

Device information
  • Examples of Personal Information collected: version of web browser, IP address, time zone, what products you view, search terms, and how you interact with the Site.
  • Purpose of collection: to load the Site accurately for you and perform analytics on Site usage to optimize our Site.
  • Source of collection: Collected automatically when you access our Site using cookies.

Order information
  • Examples of Personal Information collected: name, billing address, shipping address, payment information (including credit card numbers, PayPal, email address, and phone number.
  • Purpose of collection: to provide products or services to you to fulfill our contract, to process your payment information, arrange for shipping, and provide you with invoices and/or order confirmations, communicate with you, screen our orders for potential risk or fraud, and when in line with the preferences you have shared with us, provide you with information or advertising relating to our products or services.
  • Source of collection: collected from information you provide through contact and order forms.
  • Disclosure for a business purpose: shared with our processor Avobus LLC, Klaviyo, Authorize.net and other future business partners of Avobus LLC.

Customer support information
  • Examples of Personal Information collected: The personal information collected for customer support is the same as the order information listed above with the exception of the credit card number. You may be asked how the purchase was paid for, cc, PayPal etc.
  • Purpose of collection: to provide customer support.
  • Source of collection: collected from you.

Sharing Personal Information
  • We share your Personal Information with service providers to help us provide our services and fulfill our contracts with you, as described above. For example:
  • We may share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights.

Trademark Notice

Trademark Notice Avobus is a trademark of Avobus.