Terms of service

Last Updated: May 16, 2026

Welcome and thank you for visiting avalaneboutique.com, which is owned and operated by Ava Lane Boutique (collectively, "ALB," "us," "our," or "we"). These Terms of Service (these "Terms") are provided by ALB and are applicable to all ALB digital operations at or through our websites, our mobile and tablet sites, our social media presence, our applications, our ALB Text Alerts Program, and our distribution facility from which we may make products available for local pickup (individually, a "Site" and collectively, the "Sites"). The Sites are the property of ALB, and we provide these Terms subject to the following conditions. Visitors to our Sites are sometimes referred to in these Terms as "you" or "your," and you and we together are sometimes referred to as the "parties."

PLEASE READ THESE TERMS CAREFULLY BEFORE USING ANY OF OUR SITES. YOUR ACCESS AND/OR USE OF A SITE CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THE FOLLOWING TERMS. IF YOU DO NOT FULLY ACCEPT THESE TERMS, DO NOT USE OR ACCESS A SITE.

THESE TERMS CONTAIN A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER IN SECTION 22. THESE PROVISIONS AFFECT YOUR RIGHTS WITH RESPECT TO DISPUTES BETWEEN YOU AND ALB.

Table of Contents

  1. Effective Date and Revisions to These Terms
  2. Additional Terms
  3. Privacy and Cookies
  4. Use of the Sites and License
  5. Restrictions on Use of the Sites
  6. Account
  7. Content, Pricing, and Accuracy
  8. ALB Text Programs
  9. Applicable Law
  10. Shipping Charges, Limitations, and Local Pickup
  11. Confirmation, Cancellation, and Coupons
  12. Intellectual Property
  13. User Content Posted by You
  14. User Content Posted by Others
  15. Third Party Links
  16. Disclaimers
  17. Limitations of Liability
  18. Indemnity
  19. Reporting a Violation of Rights, Including Copyrights
  20. Counter-Notice
  21. Disputes, Time to Bring Claim, Choice of Law, and Jurisdiction
  22. Arbitration and Class Action Waiver
  23. Force Majeure
  24. Admissibility
  25. Waiver and Severability
  26. Survival
  27. Entire Agreement
  28. Termination
  29. Electronic Communications and Notice
  30. Additional Assistance

1. Effective Date and Revisions to These Terms

These Terms are effective as of the Effective Date set forth above. ALB may revise these Terms at any time and from time to time. We will notify you of changes to these Terms by posting the amended terms on the Sites with an updated "Last Updated" date. For material changes that adversely affect your rights, we may also provide notice by email to the address you have provided to us. We encourage you to keep the email address you provide to us current. Your continued use of the Sites after we post or otherwise communicate changes constitutes your acceptance of the modified Terms.

If you do not agree to any revisions to these Terms, you should stop using the Sites. If you are a registered user and wish to cancel your account, you may do so by emailing us at questions@avalaneboutique.com. Otherwise, the revised Terms will be effective upon posting, and your continued use of the Sites will constitute your acceptance of the revised Terms.

Our employees do not have the right to modify these Terms orally or otherwise. If any employee of ours offers to modify the provisions of these Terms except using the process described above, he or she is not acting as an agent for us or speaking on our behalf.

2. Additional Terms

Certain provisions of these Terms may be superseded by expressly designated legal notices, rules, or other terms located on particular pages of a Site (the "Additional Terms"), including contests, sweepstakes, promotions, or other similar features. Your use of such pages, your download or use of our mobile application, or your registration for an account confirms your unconditional acceptance of the Additional Terms. If these Terms conflict with such Additional Terms, the Additional Terms shall govern and apply to your use of that portion of a Site; however, the arbitration provisions in Section 22 of these Terms shall apply to the Additional Terms. Use of our mobile applications is also subject to the terms of the separate license agreements for such applications as found on such Sites.

3. Privacy and Cookies

Our Privacy Policy and Cookie Policy apply to your access and use of the Sites, including any personal information provided via the Sites or via any other aspect of the Sites. The terms and conditions of our Privacy Policy and Cookie Policy are hereby incorporated by reference into these Terms.

BY ACCESSING OR USING THE SITES, YOU ACKNOWLEDGE AND AGREE THAT (i) WE AND OUR SERVICE PROVIDERS AND ADVERTISING PARTNERS USE COOKIES, PIXELS, SOFTWARE DEVELOPMENT KITS, WEB BEACONS, SESSION-REPLAY TECHNOLOGIES, SERVER-TO-SERVER DATA TRANSMISSION, AND OTHER TRACKING TECHNOLOGIES AS DESCRIBED IN OUR PRIVACY POLICY AND COOKIE POLICY; (ii) YOUR USE OF THE SITES MAY RESULT IN THE COLLECTION OF DATA ABOUT YOUR INTERACTIONS WITH THE SITES INCLUDING BY THIRD-PARTY ADVERTISING AND ANALYTICS PROVIDERS; AND (iii) THE PRIVACY POLICY AND COOKIE POLICY EXPLAIN HOW TO MANAGE YOUR PREFERENCES, INCLUDING HOW TO OPT OUT OF THE SALE OR SHARING OF PERSONAL INFORMATION FOR CROSS-CONTEXT BEHAVIORAL ADVERTISING.

In addition, the Privacy Policy and Cookie Policy are subject to the terms and conditions of these Terms, and in the event of conflict between these Terms and the Privacy Policy or Cookie Policy, these Terms shall govern and prevail. The Sites are not intended for residents of or visitors from or located in countries that are subject to the General Data Protection Regulation ("GDPR").

4. Use of the Sites and License

The Sites are general purpose sites and are not targeted toward children under the age of thirteen (13). By accessing or using the Sites, including by registering an account on a Site, you represent and warrant that you are eighteen (18) years of age or older (or the age of majority if higher in your place of residence) and are not a resident of or located in the European Economic Area or any other country subject to the GDPR. If you are under the age of eighteen (18) or the age of majority if higher in your place of residence, you should use the Sites only with the involvement of a parent or guardian.

Subject to your compliance with these Terms, we grant you a personal, non-exclusive, non-transferable, limited privilege to access and use the Sites solely for your personal, non-commercial use. This privilege does not include any resale or commercial use of the Sites. We may revoke your access and use of a Site at any time (including if you violate these Terms), and nothing herein constitutes a representation that the Sites will be available to you for your access or use.

5. Restrictions on Use of the Sites

You agree that you will access and use the Sites only in a lawful manner and only in accordance with these Terms. Additionally, you agree that you will not:

a. Gain access, or attempt to gain access, to any portion of a Site, or any systems or networks connected to a Site, by hacking, password mining, or any other illegitimate or unlawful means;

b. Create or maintain any link from another website to any page on a Site without ALB's prior written permission;

c. Run or display a Site (or any material on a Site) in frames or through similar means on another site, application, or location, without ALB's prior written permission;

d. Modify the information or materials located on a Site in any way or reproduce or publicly display, perform, or distribute or otherwise use any such materials for any public, non-personal, or commercial purpose;

e. Use any deep-link, page-scrape, robot, spider, website search application, or other automatic device, program, or methodology, or any similar or equivalent manual process, to access, copy, retrieve, monitor, mirror, reproduce, or index a Site, or any portion of a Site, including for purposes of training, testing, or fine-tuning artificial intelligence or machine learning models;

f. Collect any data or information regarding users and/or devices, including usernames, personal information, preferences, email addresses, or accounts;

g. Create or transmit unsolicited electronic communications, such as spam, use any device, software, or routine to interfere or attempt to interfere with the proper working of a Site, or otherwise interfere with users' enjoyment of a Site;

h. Transmit or upload to a Site any item containing or embodying any virus, worm, defect, trojan horse, software bomb, or other harmful or malicious code or feature that does or could interfere with, damage, or degrade in any manner the performance or security of a Site or adversely affect a user;

i. Take any action that imposes, in our sole discretion, an unreasonable or disproportionately large load on a Site or the IT infrastructure used to operate a Site;

j. Submit or post to a Site any content that is unlawful or facilitates, constitutes, promotes, or encourages illegal activity, or otherwise use a Site to transfer, communicate, or store illegal material;

k. Scan or test the vulnerability of a Site or any network connected to a Site;

l. Access or use a Site or any User Content (as defined below) in any manner that would violate any applicable local, state, federal, or international law (including any laws regarding the export of data or software to and from the United States or other countries); or

m. Attack a Site via a denial-of-service attack or a distributed denial-of-service attack or similar means.

6. Account

You may be required to create an account to access or use certain areas of a Site, or you may elect to create an account. If you choose to create an account, you are responsible for maintaining the confidentiality of your account (including your username and password information), and for restricting access to such information, your account, and your device. You agree to accept responsibility for all activities that occur under your account or password. Additionally, you agree to notify us immediately of any unauthorized access or use of your account or password, or any other breach of security.

We reserve the right, including if we become aware that you are under the age of eighteen (18) (or the age of majority if higher in your place of residence), to terminate your account or registration at any time. We do not sell products or services to children and do not permit children to have accounts. We sell products and services to adults, who can purchase items with a credit card or other payment method.

Should we determine that your account information may be compromised due to your personal device being infected with a virus, malware, or other malicious code, or due to other theft of your account information, we reserve the right to invalidate, delete, or otherwise modify your account in order to protect your account, the accounts of other account holders, and other ALB systems from further damage or exposure. This may include proactively changing your password. Should this need arise, we will make reasonable efforts to inform you of any modifications made, via the email address listed for your account.

7. Content, Pricing, and Accuracy

All features, content, availability, specifications, products, and prices of products and services described or depicted on the Sites are subject to change at any time without notice. The inclusion of any products or services on a Site at a particular time does not imply or warrant that these products or services will be available at any time. Certain weights, measures, and similar descriptions are approximate and are provided for convenience purposes only.

We attempt to ensure that information on the Sites is complete, accurate, and up-to-date, including the applicable colors; however, the actual color you see depends on your device set-up, and we cannot guarantee that your device will accurately display such colors. Despite our efforts, the information on the Sites may occasionally be inaccurate, incomplete, or out-of-date. We make no representation as to the completeness, accuracy, or currency of any information on the Sites. For example, products or services included on a Site may be unavailable, may have different attributes than those listed, or may carry a different price than what is stated on the Site. In the event of a pricing error or discrepancy on a Site with respect to products or services, we reserve the right to cancel any orders (or partial orders) for such products or services.

8. ALB Text Programs

ALB operates marketing and transactional text message programs (each a "Text Program" and together "Text Programs"), which are further described below. The following terms apply to all our Text Programs:

  • By opting in to any of the Text Programs, you consent to being sent periodic autodialed and/or non-autodialed text messages in relation to that Text Program at the telephone number that you provided at the time of joining that Text Program.
  • By completing the opt-in process for any Text Program, you are confirming that the telephone number you provided is your mobile number and that you have the authority to grant ALB the right to send text messages to that mobile number.
  • Joining any of the Text Programs is not a condition of making a purchase.
  • If you change or deactivate your mobile number, you must notify us of this change by emailing us at questions@avalaneboutique.com.
  • For more information, text HELP for help or email us at questions@avalaneboutique.com.
  • While all our Text Programs are free, message and data rates may apply. You should check with your wireless carrier if you have questions about your plan and its coverage.
  • The mobile carriers are not liable for delayed or undelivered messages.
  • ALB is not liable for violations of the Telephone Consumer Protection Act or other laws caused by a carrier network failure or malfunction.
  • All Text Programs and participation in any Text Program are governed by these Terms and our Privacy Policy.
  • After joining any Text Program, if you no longer wish to be a part of that Text Program, reply "STOP" to the applicable Text Program from which you want to opt out. After texting "STOP," you will receive one additional text message confirming that your request has been processed. Please note that if you opt out of one of the Text Programs, you will not be opted out of any of the other Text Programs to which you belong. You will need to opt out of each Text Program separately. Texting "STOP" is the recommended method for opting out to assure prompt removal. If you choose to request an opt-out by other means, it may result in delays in complying with your request.
  • ALB may change the Text Program terms or end the Text Programs at any time.

Additional details specific to each of the Text Programs and how to join are set forth below.

A. Live Show Text Programs. ALB operates live show text programs, such as ALB Live Show Text Alerts and any additional live show text program(s) added after the date of these Terms. After joining any of ALB's live show text programs, you may receive text messages regarding ALB's live show events (occurring on our website, application, and social media accounts) and other communications related to ALB live show events.

B. Marketing Text Programs. ALB operates marketing text programs, such as ALB Marketing Text Alerts and any additional marketing text program(s) added after the date of these Terms. After joining any of ALB's marketing text programs, you may receive text messages regarding special offers, new products, in-store events, shopping cart reminders, and other marketing communications related to the applicable program that you joined.

C. ALB Order Alerts. ALB may at some point offer text message order updates in relation to online orders ("Order Alerts") through its separately operated Order Alerts programs: ALB Order Alerts, and any additional order alerts program launched after the effective date of these Terms.

i. Types of Text Messages That Will Be Sent as Part of the Order Alerts Programs. Order Alerts include, but are not limited to, text messages regarding:

a. Order Confirmation (may or may not be available by text, so please also check your email);
b. Your local pickup order from our distribution facility (which may include, but is not limited to: the status of your local pickup order, texts advising you that your order is ready for pickup, reminders about your local pickup order, texts giving you options to extend the time to pick up orders, etc.);
c. Shipping status of your order;
d. Partial or full order cancellations, or notification regarding other problems with fulfilling your order, in some instances (please note that you may not always receive Order Alerts regarding partial or full order cancellations, and you should review emails to get full details regarding order cancellations); and
e. Opportunities to complete surveys about your order.

The number of Order Alerts that you will receive and how often you receive them will vary depending on circumstances surrounding each order. Message frequency may change at any time.

ii. Types of Text Messages That Will Not Be Sent as Part of the Order Alerts Programs. If you have only opted in to receive Order Alerts, you will not necessarily receive marketing text messages. ALB separately operates the ALB Text Alerts program for marketing texts. For details regarding how to opt in to ALB Text Alerts to receive marketing text messages, please see these Terms.

iii. Message Availability. Order Alerts may not always be available, and ALB reserves the right to discontinue either Order Alerts program at any time. Availability may also vary by type of order placed (local pickup, ship to home, etc.).

9. Applicable Law

By registering for an account or placing an order, you represent that the products or services ordered will be used only in a lawful manner and as intended by such manufacturer. The Sites are not intended to subject ALB to the laws or jurisdiction of any state, country, or territory other than that of the United States, and we do not represent or warrant that the Sites or any part thereof is appropriate or available for use in any jurisdiction besides the United States. It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the possession, use, and/or sale of any product or service purchased via a Site.

10. Shipping Charges, Limitations, and Local Pickup

When a product order is placed for delivery, it will be shipped to the address designated by the purchaser, as long as such shipping address is compliant with the shipping restrictions contained on the Site. All deliveries of product purchases from a Site are made pursuant to a shipment contract. As a result, risk of loss and title for products purchased from a Site pass to you upon delivery to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments. Shipping charges may exceed actual shipping costs.

Some items ordered from a Site may be available for local pickup from our distribution facility. If an item is available for local pickup, you will be presented with the option to do so when selecting your item for purchase. After placing your order, we will send you an email (or text message, if available and if elected) with your estimated pickup time. Please consult your order confirmation email or text for your specific estimated pickup time. All pickup times are estimates. While we strive to meet specified pickup times as quoted, ALB does not make any guarantee that your order will be available at any specific time. ALB will not have any liability for any order delays.

11. Confirmation, Cancellation, and Coupons

While it is our practice to confirm online orders via email, the receipt of an email order confirmation does not constitute our acceptance of an order, nor our confirmation of an offer to sell a product or service. We reserve the right, without prior notice and at any time: (a) to limit the order quantity on any product or service and/or to refuse service or fulfillment of any order or to any customer; (b) to discontinue any product or service; (c) to bar any user from making or completing a transaction; and (d) to limit or impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion.

For clarification, orders may be limited or cancelled at any time, including after receipt of a confirmation or shipping email. We also may require additional information and/or verification of information prior to the acceptance and/or shipment of any order.

For products purchased from our Sites using a credit card or other payment processing provider, an authorization may be placed on your payment account when you place an order. You will be charged for an item (and your purchase of such item will be complete) when the item in your order is shipped or picked up, as applicable. Certain custom items may be charged when the order is placed. Partial shipment or partial cancellation of orders may occur.

For products purchased from our Sites using a gift card, the full amount of the purchase price will be applied to your gift card when you place the order. However, your purchase of such item is not complete until the item in your order is shipped or picked up, as applicable. Partial shipment or partial cancellation of orders may occur. If an order for an item purchased with a gift card is cancelled, the amount applicable to the cancelled item will be restored to your gift card or you will be issued a new gift card for such amount.

Taxes that appear in your online order confirmation are estimated. Because orders may be fulfilled from multiple locations across the U.S., the actual taxes charged to your credit card will be calculated based on the applicable state and local sales taxes when your order is shipped. A minor post-charge adjustment may be made to your credit card account to ensure that we collect the correct amount of actual taxes.

12. Intellectual Property

All text, graphics, information, images, content, video, data, music, code, software, trademarks, trade names, service marks, logos, fonts, custom colors, and other material displayed on, available via, or that can be downloaded from a Site, excluding User Content (collectively, the "ALB IP"), are either the property of, or used with permission by, ALB or our service providers and licensors, and are protected by copyright, trade dress, trademark, and other laws. Additionally, the design, arrangement, and collection of the ALB IP on the Sites, including the look and feel of the Sites (the "Look and Feel"), is the exclusive property of ALB and protected by applicable copyright laws. We expressly reserve all intellectual property rights in all ALB IP and the Look and Feel. Nothing contained on the Sites grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any ALB IP or the Look and Feel without the express written permission of us or such third-party owner.

Without limiting the foregoing, we expressly prohibit the use of ALB IP, the Look and Feel, or any other content on the Sites for the purpose of training, testing, fine-tuning, or developing artificial intelligence or machine learning models, except with our prior written consent.

13. User Content Posted by You

As a user of a Site, you may provide and/or post content, including reviews, comments, suggestions, profile information, photographs, videos, messages, communications, and/or other materials (collectively, "User Content"), and/or share it with other users. Subject to any licenses and rights expressly granted herein, any User Content posted by you is owned by you.

User Content is and will be considered non-confidential and non-proprietary. We may, but are not obligated to, monitor or review any User Content. ALB assumes no responsibility for any User Content, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. We shall have no obligations to use, return, review, remove, or respond to any User Content (unless required by law). We retain the right to remove any or all User Content for any or for no reason, including User Content that, in our sole discretion, violates these Terms, and reserve the right to terminate your access.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of users and/or devices using or accessing the Sites. We are not responsible for claims resulting from our cooperation with law enforcement or court orders; however, the foregoing does not waive our liability, if any, for (i) claims for personal injury or death caused by our negligent acts or (ii) damages arising from our intentional, willful, or reckless misconduct.

You are solely responsible for any User Content you post, publish, or display on a Site or transmit to others. You will post only User Content you believe in good faith to be true and accurate, and you will not post to a Site any User Content that is false, inaccurate, misleading, or fraudulent. You are prohibited from posting or transmitting any content that:

a. Is deceptive, misleading, fraudulent, unlawful, threatening, defamatory, libelous, obscene, pornographic, or profane;
b. Promotes illegal activity, encourages conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violates any law;
c. Violates the rights of a third party;
d. Is offensive to users of the Site, such as content that promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual;
e. Harasses or advocates harassment of another person or entity; or
f. Reports your use of, or directs other users to maintain or use products in any manner that is contrary to that stipulated or provided by the manufacturer or ALB.

By uploading User Content to a Site, you hereby grant, and represent and warrant that you have all rights and authority necessary to grant:

(i) ALB and our service providers an irrevocable, perpetual, non-exclusive, royalty-free, fully sub-licensable, fully paid-up, worldwide license and right to use, copy, revise, publicly perform, digitally perform, publicly display, and distribute such User Content, and to prepare derivative works based on, or incorporate into other works, such User Content with or without attribution; and

(ii) All users of the Sites an irrevocable, perpetual, non-exclusive, royalty-free license and right to use such User Content for each such user's personal, non-commercial use, subject to the restrictions set forth in these Terms.

You understand and acknowledge that we may: (a) be working on the same or similar idea to any ideas, expression of ideas, or other materials you submit within your User Content (each, an "Idea"); (b) already know of such Idea from other sources; and/or (c) wish to develop such Idea or a similar idea on our own.

14. User Content Posted by Others

In addition, third parties may post information on our Sites. You acknowledge and agree that we have limited control over the User Content posted to the Sites, or any links to other sites, including the content of any messages or posts and the manner of posting, and that we do not guarantee the accuracy, integrity, or quality of User Content. All User Content, including advice and opinions posted by users, comprises the views and responsibilities of those who post such User Content and does not necessarily represent our views. We are not obligated to review or remove User Content, and you understand that, by using a Site, you may be exposed to User Content that is offensive, indecent, or objectionable.

15. Third Party Links

From time to time, a Site may contain links to and/or functionality interacting with third-party sites that are not owned, operated, or controlled by ALB. All such links and/or functionality are provided solely as a convenience and do not constitute an endorsement by ALB. If you use these links, you will leave the Site. We are not responsible for any content, materials, or other information located on or accessible from any other site. We do not endorse, guarantee, or make any representations or warranties regarding any other site, any content, materials, or other information located or accessible from such sites, or any results that you may obtain from using such sites. We also do not guarantee that links and/or functionality provided by third parties will be available or error-free, uninterrupted, free from viruses and/or unauthorized access, or otherwise meet your requirements.

IF YOU DECIDE TO ACCESS ANY OTHER SITE LINKED TO OR FROM THE SITES, YOU DO SO ENTIRELY AT YOUR OWN RISK.

16. Disclaimers

We do not and cannot warrant that any Site (including any element of a Site) or its servers will be error-free, uninterrupted, free from viruses and/or unauthorized access, or otherwise meet your requirements.

YOUR USE OF A SITE (INCLUDING ANY ELEMENT OF A SITE) AND OF ANY USER CONTENT IS AT YOUR OWN RISK. THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES PROVIDED ON OR IN CONNECTION WITH THE SITES ARE PROVIDED "AS IS," "AS AVAILABLE," AND WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER ALB, NOR ANY OF ITS AFFILIATES, SERVICE PROVIDERS, OR SUPPLIERS WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS, PRODUCTS, OR SERVICES PROVIDED ON OR THROUGH THE SITES. THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES PROVIDED ON OR THROUGH THE SITES MAY BE OUT-OF-DATE, AND NEITHER ALB NOR ANY OF ITS AFFILIATES, SERVICE PROVIDERS, OR SUPPLIERS MAKE ANY COMMITMENT OR ASSUME ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS, OR SERVICES. ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THE SITES ARE SUBJECT TO ONLY THE APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS, DISTRIBUTORS, AND SUPPLIERS, IF ANY, AND TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, ALB HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THE SITES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ALB HEREBY EXPRESSLY DISCLAIMS ALL LIABILITY FOR PRODUCT OR SERVICE DEFECTS OR FAILURES, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION (INCLUDING UNAUTHORIZED ACCESS OR MISAPPROPRIATION OF YOUR PERSONAL INFORMATION). INFORMATION ABOUT CONTENT, QUALITY, PERFORMANCE, OR FEATURES OF THIRD-PARTY PRODUCTS IS PROVIDED BY THE MANUFACTURER OR SUPPLIER, NOT ALB, AND ALB MAKES NO WARRANTIES WITH RESPECT TO SUCH INFORMATION. WE MAKE NO WARRANTIES TO THOSE DEFINED AS "CONSUMERS" IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT.

We do not represent or warrant that the health, nutrition, ingredient, allergen, vitamin, mineral, or other product information on the Sites is accurate or complete since this information is provided by the product manufacturer or supplier. We recommend that you do not rely solely on the information presented on our Sites and that you consult each product's label or contact the manufacturer directly if you have a specific question or concern.

THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

17. Limitations of Liability

We do not assume any responsibility, and shall not be liable for any damages to, or viruses or other harmful or malicious code that may infect or affect, your computer, device, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing of a Site, linking to a third-party site, or your downloading of any materials or information from a Site, and we will not be liable for any loss or damage arising from the unlawful, malicious, negligent, or wrongful conduct of third parties.

IN NO EVENT WILL ALB OR ITS OWNERS, RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS, ASSIGNS, PARTNERS, OR VENDORS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION, OR TRANSMISSION OF THE SITES (OR ANY PART OF THE SITES), BE LIABLE TO ANY PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, ACCESS, OR THE RESULTS OF USE OF A SITE, ANY SITES LINKED TO A SITE, OR THE INFORMATION OR MATERIALS CONTAINED IN ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING OUR NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF ALB AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND SUPPLIERS ARISING OUT OF OR RELATING TO THESE TERMS, THE SITES, OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE SITES SHALL NOT EXCEED THE GREATER OF (i) THE AMOUNT PAID BY YOU TO ALB IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR (ii) ONE HUNDRED U.S. DOLLARS ($100.00 USD).

IN THE EVENT OF ANY PROBLEM WITH THE SITES, OR ANY MATERIAL OR CONTENT ON THE SITES, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE SITES. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN YOU AND ALB. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH A SITE, SUBJECT TO THE EXCLUSIONS BELOW, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS FROM THE MANUFACTURER OF SUCH PRODUCTS OR SUPPLIER OF SUCH SERVICES, IN ACCORDANCE WITH SUCH MANUFACTURER'S OR SUPPLIER'S WARRANTY, OR TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICE IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES POSTED ON THE SITE.

THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO (i) CLAIMS FOR PERSONAL INJURY OR DEATH CAUSED BY OUR NEGLIGENT ACTS OR (ii) DAMAGES ARISING FROM OUR INTENTIONAL, WILLFUL, OR RECKLESS MISCONDUCT. NOTHING IN THESE TERMS PURPORTS TO EXCLUDE ATTORNEYS' FEES OR DAMAGES WHERE MANDATED BY STATUTE.

18. Indemnity

You agree to defend, indemnify, and hold ALB and its respective affiliates, licensors, owners, directors, officers, employees, agents, and representatives harmless from and against any losses, costs, expenses, or damages of any nature whatsoever, including reasonable attorneys' fees and court costs, arising from any claim, cause of action, suit, or demand of any third party due to, arising out of, or relating to your breach of these Terms, your User Content, your violation of any law, or your violation of the rights of any third party.

19. Reporting a Violation of Rights, Including Copyrights

If you believe any User Content or any other aspect of a Site infringes your copyright, you should send written notice of the alleged copyright infringement to our designated copyright agent at this address:

Ava Lane Boutique
Attn: Copyright Agent
2661 Superior Court
Auburn Hills, MI 48326

or by email at questions@avalaneboutique.com.

Such notice must meet the requirements of the Digital Millennium Copyright Act by providing the following information:

a. A description of the copyrighted work that you claim has been infringed;
b. A description of where the allegedly infringing material is located on the Site(s);
c. Your name, address, telephone number, and email address;
d. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
e. A statement by you, made under penalty of perjury, affirming that the above information in your notice is accurate, and that you are the owner of the copyright at issue or are authorized to act on the copyright owner's behalf; and
f. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright at issue.

20. Counter-Notice

If you believe that your User Content was removed or disabled but is not infringing, or that you have authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your User Content, you may send a counter-notice to the Copyright Agent containing the following information:

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 because of mistake or a misidentification of the content; and
d. Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court in Detroit, Michigan, 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, ALB 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 ALB's sole discretion.

21. Disputes, Time to Bring Claim, Choice of Law, and Jurisdiction

(a) Initial Dispute Resolution. We are available by email at questions@avalaneboutique.com to address any concerns you may have regarding your use of the Sites. Most concerns may be quickly resolved in this manner. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations, which shall be a precondition to either party initiating a lawsuit or arbitration. Any matter and/or dispute relating in any way to your visit to or interaction with a Site, including compliance with these Terms, that is not so resolved shall be submitted to binding confidential arbitration as provided in Section 22.

(b) Time Within Which to Address Any Concern, Cause of Action, or Claim. Any cause of action or claim you may have arising out of or relating to these Terms or the Sites must be commenced within one (1) year after the cause of action accrues; otherwise, such cause of action or claim is permanently barred, except where applicable law prohibits this limitation.

(c) Choice of Law and Courts for Non-Arbitrated Disputes. These Terms shall be governed by and construed in accordance with the laws of the State of Michigan, without regard to its conflict of laws principles, and the Federal Arbitration Act shall govern Section 22. Unless expressly addressed in the Additional Terms, these Terms supersede any other agreement between you and ALB to the extent necessary to resolve any inconsistency or ambiguity between them. The Sites are administered by ALB from its offices in Michigan. Notwithstanding the arbitration provisions in Section 22, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in the state courts of the State of Michigan or the United States District Court for the Eastern District of Michigan, and you consent to exclusive personal jurisdiction and venue in such courts.

22. Arbitration and Class Action Waiver

(a) Agreement to Arbitrate. If the parties do not reach an agreed-upon solution pursuant to the dispute resolution provisions in Section 21(a), you and ALB each agree that any dispute, claim, or controversy arising out of or relating to our products or services, the Sites (including, without limitation, ALB digital operations at or through our websites, our mobile and tablet sites, our social media presence, our applications, and our distribution facility), or these Terms, or the breach, enforcement, interpretation, or validity thereof (each, a "Dispute"), shall be determined by binding arbitration before one arbitrator. The arbitration shall be administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures (the "JAMS Rules"), as modified by this Section. The arbitrator shall be selected in accordance with the JAMS Rules. If the parties prefer, the parties may mutually agree on a different arbitrator and arbitration provider in writing. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction.

By agreeing to arbitration, the parties understand and agree that they are waiving their rights to maintain other available resolution processes, such as a court action or administrative proceeding, to settle their disputes. The arbitration shall be held in the State of Michigan or, at your election, by videoconference or by submission of documents in lieu of a personal appearance. The arbitrator shall have discretionary authority to require a face-to-face hearing if the arbitrator determines that such a hearing is necessary for a fundamentally fair adjudication.

Any modification to the dispute resolution requirements in Section 21 or to this Section 22 shall not apply to claims arising prior to the date of such modification, and any such changes shall not affect your prior election to opt out of arbitration as provided below.

In connection with these arbitration provisions, the parties agree as follows:

  1. This arbitration agreement is reciprocally binding on all parties such that both you and we are required to arbitrate claims;
  2. Remedies that would otherwise be available to the parties under applicable federal, state, or local laws, including the recovery of attorneys' fees, remain available under this arbitration clause;
  3. The arbitrator must be neutral, and the parties will each have a reasonable opportunity to participate in the process of choosing the arbitrator;
  4. You have a right to an in-person hearing in the State of Michigan;
  5. You have the right to the use of counsel of your choosing at your own expense if you so elect to use counsel;
  6. The parties are permitted the discovery or exchange of non-privileged information relevant to the Dispute in accordance with the JAMS Rules; and
  7. The arbitrator's award will consist of a written statement stating the disposition of each claim. The award will also provide a concise written statement of the essential findings and conclusions on which the award is based.

(b) Arbitration Filing Fees. If you initiate the arbitration, to the extent the filing fee for the arbitration exceeds the greater of $250 or the cost of filing a lawsuit, ALB will pay the additional cost. All other costs of the arbitration will be borne by us as required by the JAMS Rules and applicable law. You will be responsible for your own attorneys' fees and expenses unless the arbitration rules or applicable law permit you to recover your attorneys' fees. You will not be required to pay any fees or costs incurred by us if you do not prevail in arbitration, unless the arbitrator determines that the claim was brought in bad faith, in which case the arbitrator may award us our attorneys' fees, expert witness fees, arbitration-related fees, and/or costs. If we are the claiming party initiating an arbitration against you, we will pay all costs associated with the arbitration (other than your attorneys' fees and expenses, unless permitted to be recovered under the arbitration rules or applicable law).

(c) Waiver of Certain Rights from Court. The parties understand that, absent this mandatory provision, they would have the right to sue in court. Court proceedings generally provide greater discovery rights, a judge or jury trial, and could provide greater opportunity for appellate review. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation.

(d) Class Action and Representative Action Waiver. THE PARTIES FURTHER AGREE THAT ANY ARBITRATION SHALL BE CONDUCTED IN THEIR INDIVIDUAL CAPACITIES ONLY AND NOT AS A CLASS ACTION, COLLECTIVE ACTION, CONSOLIDATED ACTION, MASS ACTION, OR OTHER REPRESENTATIVE ACTION, AND THE PARTIES EXPRESSLY WAIVE THEIR RIGHT TO FILE A CLASS ACTION, COLLECTIVE ACTION, CONSOLIDATED ACTION, MASS ACTION, OR SEEK RELIEF ON A CLASS, COLLECTIVE, CONSOLIDATED, OR MASS BASIS. The arbitrator shall have no authority to combine, consolidate, or aggregate the claims of multiple parties without the express written consent of all parties to all affected arbitrations. To the extent any portion of this class and representative action waiver is found to be unenforceable, that portion shall be severed and the remaining portion shall be given full effect.

(e) Coordinated Filings (Mass Arbitration Procedure). If twenty-five (25) or more similar arbitration demands are filed or threatened to be filed by or with the assistance of the same law firm or coordinated group of law firms against ALB within a sixty (60) day period (a "Mass Filing"), ALB and you agree that the claims shall be administered as follows: (i) the arbitrations shall be administered in sequential batches of no more than fifty (50) claimants each (a "Batch"); (ii) the parties shall meet and confer in good faith with the law firm or coordinated group of law firms to select representative claimants for each Batch (typically the first ten (10) claimants whose demands were filed); (iii) each Batch shall be resolved before the next Batch is initiated; (iv) the statute of limitations applicable to all claims within the Mass Filing shall be tolled from the date the first arbitration demand is filed until the date on which each claimant's individual demand is initiated under the Batch process; and (v) the parties shall request the arbitration administrator to apply the Batch process and to hold in abeyance any arbitration demands that exceed the current Batch. If the arbitration administrator declines to apply the Batch process, you and ALB agree that the Mass Filing claims may, at ALB's election, be transferred to court for resolution on an individual basis, and the parties' agreement to arbitrate shall be deemed void only as to such Mass Filing claims. This provision is intended to avoid duplicative or oppressive arbitration filing fees and is reciprocally enforceable.

(f) Exception — Small Claims Court Claims. Notwithstanding the parties' decision to resolve all disputes through arbitration, either party may also seek relief in a small claims court for disputes or claims within the scope of that court's jurisdiction. Any appeal of the decision in such small claims court shall be subject to these arbitration provisions.

(g) 30-Day Right to Opt Out. You have the right to opt out and not be bound by the arbitration and class action waiver provisions set forth in this Section 22 by sending written notice of your decision to opt out via certified mail to: Ava Lane Boutique, Attn: Legal, 2661 Superior Court, Auburn Hills, MI 48326. The notice must be sent within thirty (30) days of your first use of a Site after the Effective Date of these Terms; otherwise, you shall be bound to arbitrate Disputes in accordance with the terms of this Section. The notice must include your full name, postal address, email address, and a clear statement that you wish to opt out of arbitration under these Terms. If you opt out of these arbitration provisions, ALB also will not be bound by them.

(h) Jury Trial Waiver. YOU AGREE THAT BY ENTERING INTO THESE TERMS, IN PARTICULAR THE AGREEMENT TO ARBITRATE, YOU ARE WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS, COLLECTIVE, CONSOLIDATED, OR MASS ACTION, AND THAT YOU MAY BRING CLAIMS AGAINST ALB ONLY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. ANY ARBITRATION OR OTHER ACTION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS, CLASS ACTIONS, AND MASS ACTIONS ARE NOT PERMITTED EXCEPT AS PROVIDED IN SECTION 22(e). YOU ACKNOWLEDGE THAT BY ENTERING INTO THESE TERMS, YOU INTEND TO BE LEGALLY BOUND AND, IN ADDITION TO OTHER GOOD AND VALUABLE CONSIDERATION, YOU AGREE THAT ALB'S AGREEMENT TO ARBITRATE CLAIMS CONSTITUTES CONSIDERATION FOR SUCH WAIVER. THE CLASS, COLLECTIVE, CONSOLIDATED, AND MASS ACTION WAIVERS ARE ESSENTIAL ELEMENTS OF THIS AGREEMENT TO ARBITRATE AND CANNOT BE SEVERED FROM THIS AGREEMENT TO ARBITRATE DISPUTES.

23. Force Majeure

ALB shall not be liable for any failure or delay in performance under these Terms to the extent such failure or delay is caused by circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemics, epidemics, governmental orders, war, terrorism, civil unrest, labor disputes, shortages of materials or transportation, cyberattacks, internet service interruptions, failures of third-party service providers, or any other event of force majeure.

24. Admissibility

A printed version of these Terms shall be admissible in judicial and administrative proceedings and in arbitration proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

25. Waiver and Severability

No waiver by either party of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of a party to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court or arbitrator of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable, or if it cannot be so modified, it shall be severed from these Terms, and the remaining provisions shall continue in full force and effect. The class, collective, consolidated, and mass action waivers in Section 22 are not severable from the agreement to arbitrate.

26. Survival

The following provisions of these Terms shall survive termination of these Terms or your use of the Sites: Section 3 (Privacy and Cookies), Section 12 (Intellectual Property), Section 13 (User Content Posted by You), Section 16 (Disclaimers), Section 17 (Limitations of Liability), Section 18 (Indemnity), Section 21 (Disputes, Time to Bring Claim, Choice of Law, and Jurisdiction), Section 22 (Arbitration and Class Action Waiver), Section 23 (Force Majeure), Section 24 (Admissibility), Section 25 (Waiver and Severability), this Section 26 (Survival), and Section 27 (Entire Agreement), together with any other provision that by its nature should survive termination.

27. Entire Agreement

These Terms, our Privacy Policy, our Cookie Policy, and any Additional Terms constitute the sole and entire agreement between you and ALB with respect to the Sites and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Sites.

28. Termination

You or ALB may suspend or terminate your account or your use of or access to a Site at any time, for any reason or for no reason. You are personally liable for any activity prior to such termination, including any orders that you place or charges that you incur prior to termination. ALB reserves the right to change, suspend, or discontinue all or any aspect of the Sites at any time without notice, except as provided in these Terms.

29. Electronic Communications and Notice

When you visit the Sites or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email, by posting notices on the Sites, or by text message (where you have consented to text communications). You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Notices to us under these Terms shall be sent to:

Ava Lane Boutique
Attn: Legal
2661 Superior Court
Auburn Hills, MI 48326
Email: questions@avalaneboutique.com

Notices to you under these Terms shall be sent to the email address associated with your account or, if no account exists, by posting on the Sites.

30. Additional Assistance

If you do not understand any of the foregoing Terms, or if you have any questions or comments, we invite you to contact us in the following manner:

For general comments or questions about our Sites, email our Customer Service Department at questions@avalaneboutique.com or reach us by mail at 2661 Superior Court, Auburn Hills, MI 48326, Attn: Customer Service.

These Terms supersede all prior versions.