L'Avant Garde

Welcome to L’Avant Garde website

L’Avant Garde (the "Company") welcomes you to its website (the "Site"), and advises you that the contents of this Site are subject to the following terms ("Terms of Use"). You are acknowledging when you access or use the Site that you have read, understood, and agreed to these Terms, including our Privacy Policy, without any limitations or qualifications. These Terms of Use were last updated on 04/28/2007.

1. Privacy

For a clear understanding of our privacy practices please read our Privacy Policy, which also governs your visit and access to the Site.

2. Information Accuracy

We strive for accuracy when we portray our products on the Site; however, we do not warrant, to the extent permitted by applicable law, that the product portrayal, physical appearance or any other content contained within the Site are current, error-free, reliable or completely accurate.

3. Intellectual Property

All graphics, logos, text, images, audio clips, video clips, button icons, data compilations, Including but not limited to software, organization of material and the compilation thereof, which are available on the Site (collectively, the "Content") is the property of L’Avant Garde, our affiliates, partners, licensors or assignees, and is protected by United States and international copyright laws.

Trademarks, logos, and service marks displayed on the Site (collectively, the "Trademarks") are the registered and unregistered marks of L’Avant Garde, our affiliates, partners, licensors or assignees, and are protected by United States and international trademark laws.

Neither the Content or Trademarks nor any portion of the Site, except as set forth in the Limited Licenses in Section 4 below or as required under applicable law, may be accessed, used, reproduced, modified, duplicated, copied, sold, or otherwise exploited, in whole or in part, for any purpose without our prior written consent.

4. Limited Licenses

L'Avant Garde grants you a limited, non-exclusive and revocable license to access and use the Site. This limited license does not include the right to: (i) use the Site or Content for commercial purposes or non-personal use; (ii) modify in any way the Site or Content, or create any work based upon either; (iii) utilize any techniques to enclose the Site or any portion thereof; (iv) use any software or any other "hidden text" utilizing our name or the Trademarks, or use software robots, or any form of data extraction tools, that may burden the Site and hinder its performance.

Under this limited, non-exclusive and revocable license you may also create a hyperlink to the home page of the Site for personal, non-commercial use only. A website that links to the Site (i) may not imply that we are endorsing such website or its services or products; (ii) may not link to any page of the Site other than the home page, and may not replicate our Content or use any Trademarks; (iii) may not portray us or our products or services, in a false, misleading, derogatory, or otherwise offensive manner, or associate us with undesirable products, services, or opinions; (iv) may not contain content that could be construed as unlawful, inappropriate, offensive, obscene or controversial. In our sole discretion, we may request that you remove any link to the Site, and upon receipt of such request, you shall immediately remove such link. Any unauthorized use by you of the Site terminates the limited licenses set forth in this section without prejudice to any other remedy provided by applicable law or these Terms of Use.

5. Your Obligations and Responsibilities

When you access or use the Site, you consent to comply with these Terms of Use and all guidelines posted on the Site, and you agree to act always in accordance with the law, custom and in good faith. In no way you may make any change or alteration to the Content or the Site, and you may not impair in any way its integrity or operation. Without limiting the generality of any other provision of these Terms of Use, if you default negligently or willfully in any of the obligations set forth in these Terms (including our Privacy Policy), you shall be liable for all the losses and damages that this may cause to L’Avant Garde, our affiliates, partners, licensors or assignees.

6. Submissions to the Site

Although L'Avant Garde does not solicit them, and subject to the terms of our Privacy Policy, any material, suggestions, ideas, Information or other communication you transmit, upload or post to this Site (collectively, "Submissions") will be considered non-proprietary and non-confidential. L’Avant Garde will have no obligations with respect to the Submissions, which will be considered royalty-free and irrevocable. L’Avant Garde and its designees will be free to copy, disclose, distribute, incorporate and otherwise use the Submissions and all data, images, sounds, text, and other things embodied therein for any and all commercial or noncommercial purposes.

If you make a Submission, you represent and warrant that such Submission does not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false email address, impersonate any person or entity, or otherwise mislead us as to the origin of any Submission. You agree to indemnify L'Avant Garde for all claims arising from or in connection with any claims to any rights in any Submission.

7. Representations and Warranties

THE SITE AND THE CONTENT, INFORMATION, SERVICES AND PRODUCTS ARE PRESENTED "AS IS" AND WITHOUT WARRANTIES OF ANYKIND WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, L’AVANT GARDE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. L’AVANT GARDE DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. L’AVANT GARDE DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

8. Limitation of Liability

IN NO EVENT SHALL L’AVANT GARDE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL, DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF L’AVANT GARDE HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THIS SITE. THESE LIMITATIONS SHALL APPLY NOT WITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

9. Indemnification

You agree to indemnify, defend, and hold harmless L’Avant Garde, its officers, directors, employees, agents, licensors and suppliers (collectively the "Provider") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your Internet account (including negligent or wrongful conduct), by you or any other person accessing the Site using your Internet account.

10. Disputes
Regarding any dispute in connection with the Site, all rights and obligations and all actions contemplated by the Site's Terms of Use shall be governed by the laws of the State of California. Any dispute relating in any way to your use of the Site shall be submitted to confidential arbitration in California, except that, to the extent you have in any manner violated or threatened to violate the intellectual property rights of L'Avant Garde or those of Its affiliates, partners, licensors or assignees, L'Avant Garde may seek injunctive or other appropriate relief in any court and you consent to exclusive jurisdiction and venue in any such court. Arbitration under this agreement shall be conducted under the rules of the American Arbitration Association, then prevailing. The arbitrator's award shall be limited to monetary damages. Further, the arbitrator(s) shall have no authority to award punitive, consequential or other damages not measured by the prevailing party's actual damages in any arbitration initiated under this section, except as may be required by statute. Any award in arbitration shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

11. General

a. You acknowledge and agree that the Site's Terms of Use, which include the Privacy Policy, constitute the complete and exclusive agreement concerning your use of the Site, and supersede and govern all prior proposals, agreements, or other communications.

b. L'Avant Garde reserves the right, in its sole discretion, to change these Terms of Use at any time by posting the changes on the Site. It may, with or without prior notice, terminate any of the rights granted by these Terms of Use. Any changes are effective immediately upon posting to the Site. Your continued use of the Site constitutes your agreement to all such terms and conditions.

c. Nothing contained in these Terms shall be construed as creating any agency, partnership, or other form of joint enterprise between you and the Company. If the Company fails to require your performance of any provision hereof, that shall not affect its full right to require such performance at any time thereafter. Also, its waiver of a breach of any provision hereof may not be taken or held to be a waiver of the provision itself.

d. In the event that any provision of these Terms and Conditions shall be unenforceable or invalid under any applicable law or be so held by any applicable arbitral award or court decision, such unenforceability or invalidity shall not render these Terms of Use unenforceable or invalid as a whole. L'Avant Garde will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, its original objectives and intent as reflected in the original provision.

e. L'Avant Garde reserves the right to refuse service and/or terminate accounts without prior notice if you violate these Terms and Conditions or if L'Avant Garde decides, in its sole discretion, that it would be in its best interests to do so.

If you have any questions regarding these Terms of Use, please email us.

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