Terms of Use

Last modified: January 22, 2024

These Terms of Use (“Terms”) apply to and govern your access to and use of any website, mobile site or application, social media site, any loyalty or rewards program (including The Ava Ortiz Club), software, applications, email messaging exchange, and any other digital platform, including any services, features, pages and functionality contained or offered therein, including any transaction, order, sale, purchase or acquisition of goods or services owned, operated or offered by Sun Ava Ortiz LLC or its subsidiaries, divisions and affiliates (“Ava Ortiz”, “we”, “our” or “us”) (collectively, the “Service”).

Ava Ortiz offers the Service, including all information, tools, services, goods and products available through the Service, to you conditioned upon your acceptance of all terms, conditions, policies and notices stated herein or incorporated by reference. Please read these Terms carefully before using our Service or making any transaction, order or purchase. By making any transaction, order or purchase, or by accessing or otherwise using our Services, you acknowledge, accept and agree to be bound and abide by these Terms. You also acknowledge, consent and agree to our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms or our Privacy Policy, you are strictly prohibited from accessing the Services and you must exit immediately.

By using the Services, you agree that you are of the legal age of majority in your jurisdiction, or if you are not, you have obtained parental or guardian consent. The Services are available only to users who are eighteen (18) years of age or older. If you are under eighteen (18) years of age, you are not authorized to use the Services.

We reserve the right to modify these Terms at any time and at our sole discretion. Any changes to the Terms will be effective immediately upon posting, and your continued use of the Services will constitute your agreement to the newly posted Terms. It is your responsibility to review any changes we make to these Terms periodically.

These Terms affect your legal rights, responsibilities and obligations, govern your use of the Services, are legally binding, limit Ava Ortiz's liability to you, and require you to indemnify Ava Ortiz and resolve certain disputes through arbitration. Your continued use of the Services constitutes your agreement to these Terms. If you do not wish to be bound by these Terms or any future modifications or amendments to these Terms, do not use our Services.

These Terms are written in English. We do not guarantee the accuracy of any translated version of these Terms. In the event of any conflict between any translated version of these Terms and the English version, the English version will prevail.

Access to Services and Account Security

We reserve the right to withdraw or amend the Services at our sole discretion without notice. We will not be liable if for any reason all or part of the Services are unavailable at any time or for any period. From time to time, we may restrict access to parts or all of the Services to users, including registered users.

To access the Services, you may be asked to provide certain registration details or other information. It is a condition of your use of the Services that all the information you provide in the Services is accurate, current and complete. You agree that all information you provide in connection with registration on the Service or otherwise, including but not limited to through the use of any interactive features on the Service, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password or any other information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Service using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.

You are fully and completely responsible for all activities that occur under your user name, password or account. Ava Ortiz may assume that any transaction, order, purchase or communication it receives through your account was initiated by you, unless Ava Ortiz is notified otherwise in advance. Ava Ortiz expressly disclaims any liability arising from the misuse of your account.

You may not sell, transfer or assign your account or any account rights. Accounts may only be created by the account subject (who has reached the age of majority). We generally do not review the authenticity of accounts and are not responsible for any unauthorized accounts that may appear on the Service. We have the sole right (but not the obligation) to resolve any disputes related to account creation or authenticity in any manner we deem appropriate, with or without notice, in our sole discretion.

You are fully responsible for any access to and use of the Service by anyone using your password and identification information, whether or not such access and use is actually authorized by you, including, but not limited to, all communications, transmissions, orders, payments, financial transactions and other obligations arising from such access or use.

Intellectual Property and Service Ownership

The Service and all of its content, features and functionality, including without limitation all information, copyrights, patents, trademarks, service marks and trade names, and all logos, text, designs, graphics, displays, videos, logos, icons, images, audio, downloads, interfaces, code and software, and the selection and arrangement thereof, and all other intellectual property (collectively, the “Content”), are proprietary and owned or controlled by Ava Ortiz, its licensors or other providers of such material, and are protected to the fullest extent possible by U.S. and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

These Terms permit you to use the Service and Content for your personal, non-commercial use only. You are granted a limited, revocable, non-transferable license to temporarily download one copy of the Content for your personal, non-commercial transitory viewing only. This is not a transfer of ownership, right or interest in the Service or Content. This license does not grant you the right to copy the Content, modify the Content, use the Content for any commercial purpose, display the Content publicly, attempt to decompile or reverse engineer the Content, remove any copyright, trademark or other proprietary markings from the Content, or otherwise infringe the intellectual property rights of Ava Ortiz or its licensors. This license shall automatically terminate if you violate any of these restrictions or any provision of these Terms and may be terminated by Ava Ortiz at any time for any or no reason. Upon termination of this license, you must destroy any downloaded materials in your possession, whether in electronic or printed format. Ava Ortiz does not grant any transfer or license to any intellectual property rights except as expressly provided in these Terms.

Payment Terms

Certain features of the Services may require you to make certain payments, such as any transactions, orders or purchases of products. Ava Ortiz may charge you fees for your use or access of the Services, which you shall pay immediately when charged. Ava Ortiz reserves the right to determine and change any payment terms, rates, mechanisms or structures at any time and upon notice to you. Ava Ortiz may, at its sole discretion, provide credits or refunds on a case-by-case basis and in accordance with our Shipping and Returns Policy. Product prices and associated fees will be displayed in U.S. dollars. By confirming your purchase at the end of the checkout process, you agree to accept and pay all costs and charges and all shipping and handling charges and applicable taxes and currency conversion fees.

Ava Ortiz may use third-party services to process payments, and these services have their own terms of service. Ava Ortiz will use commercially reasonable efforts to ensure the security of all payment information (such as credit card or bank account numbers), but Ava Ortiz expressly disclaims any responsibility for any damages that may result from any third party gaining access to such information. You agree to indemnify Ava Ortiz from any liability for any damages resulting from such access.

You represent and warrant that you are authorized to use any credit card or other payment method you provide to us. All billing information you provide to us must be current, complete, true, and accurate. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. Providing any untrue or inaccurate information is a violation of these Terms and may result in the cancellation of your account. In addition, verification of information may be required before any purchase or transaction can be confirmed or completed. We reserve the right to refuse or cancel any purchase or transaction for any reason, including availability restrictions, inaccuracies or errors in service or pricing information, or other problems we discover, such as fraud.

Sun Bum may request a pre-authorization for some orders made online using a credit or debit card. You will not be charged for this pre-authorization; however, your card issuer may hold the amount for a short period of time. Your card issuer determines how long the pre-authorization will be held. We do this to ensure that your card information is still valid and that you have sufficient funds to complete the transaction. We are not responsible for any fees or charges that your bank or credit card issuer may charge.

If you are a New York resident, pursuant to New York Civil Code Section 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the New York Department of Consumer Affairs by contacting them at 1265 Broadway #1A, New York, NY 10001 or by calling +1 917-409-0378.

Products, Content and Specifications

All content on the Service, including specifications, products and product prices, is subject to change without notice. Certain dimensions and descriptions are approximate and are provided solely for your convenience. Ava Ortiz makes every reasonable effort to accurately display the attributes of its products, including applicable colors. However, the actual colors you see may depend on your computer system, and we cannot guarantee that your computer will accurately display those colors.

The inclusion of any products or services on the Service at a particular time does not imply or warrant that those products or services will be available at all times. Ava Ortiz cannot confirm the price or availability of products until you place an order. Pricing or availability errors may appear on the Service. Receipt of an order confirmation does not constitute our acceptance of an order or confirmation of an offer to sell a product. Ava Ortiz reserves the right to cancel any order containing an error in pricing or availability, without any further obligation to you, even after you receive an order confirmation or shipping notification from Ava Ortiz. We may, at our sole discretion, contact you for instructions or cancel your order and notify you of the cancellation.

We reserve the right, but are not obligated, to limit the sales of our products to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of products sold. You are responsible for confirming and obeying all applicable local, state, federal and international laws (including minimum age requirements) regarding the possession, use and sale of any items purchased through the Service. By placing an order, you promise to use the products ordered only in a lawful manner.

Promotional codes, discounts and offers (“Promotions”) are limited in quantity and may expire or terminate without notice. Promotions are void where prohibited by law. Promotions may not be copied, sold or otherwise transferred. Promotions are not redeemable for cash and may be cancelled or changed at any time for any reason without notice. We reserve the right to impose additional conditions on any Promotion in our sole discretion. Other promotions, including sweepstakes, contests, raffles, surveys or games, may be governed by rules that are separate from or in addition to these Terms. If you participate in any Promotion, please review the applicable rules. If the specific rules of a particular Promotion conflict with these Terms, the Promotion rules will control.

We do not guarantee that the quality of any products, services, information or other materials purchased or obtained by you will meet your expectations.

Shipping Restrictions

Once an order is placed, it will be shipped to the address specified by the buyer as long as the shipping address complies with the shipping restrictions in the Service. All purchases made through the Service are made pursuant to a shipping contract. Therefore, the risk of loss and title for merchandise purchased through the Service pass to you upon delivery of the merchandise to the carrier. By using the Service, you acknowledge and agree that you are responsible for making any claims against the carrier for any damaged or lost shipments.

For more information, please see our Shipping and Return Policy.

Accuracy of Information and Reliance on Posted Information

The information provided on or through the Service is for general information purposes only. Ava Ortiz strives to ensure that the information on the Service is complete, accurate, and current. However, despite our best efforts, the information on the Service isThe completeness, accuracy, timeliness or usefulness of the information contained in the Service is entirely at your own risk. For example, products included may be out of stock, may have different attributes than those listed, or actual prices may differ from those listed on the Service. In addition, we may change pricing and availability information without notice. Although we typically confirm orders by email, receipt of an email order confirmation does not constitute our acceptance of an order or confirmation of an offer to sell a product. We reserve the right to limit the order quantity of any product and to refuse service to any customer without prior notice. We may also require verification of information before accepting or shipping any order.

The material on the Service is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on the Service is at your own risk.

The Service may contain certain historical information. Historical information is not current and is provided for your reference only. We reserve the right to modify the contents of the Service at any time, but we have no obligation to update any information on the Service. You agree that it is your responsibility to monitor changes to the Service.

We disclaim all liability arising from any reliance placed on any materials or information by you or any other visitor to the Service, or by anyone becoming aware of its contents. The Service may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicates, aggregators, or reporting services. All statements and opinions expressed in those materials, and all articles, responses to questions, and other content (except for content provided by Sun Bum), are solely the opinions and the responsibility of the person or entity providing those materials. Those materials do not necessarily reflect the views of Sun Bum. We are not responsible, and assume no liability to you or any third party, for the content or accuracy of materials provided by any third party.

Links to Sun Bum's Service

Creating or maintaining any links to any page or portion of the Service, or in any manner operating or displaying the Service or any of its content, without Sun Bum's prior written permission is strictly prohibited. Any permitted links to the Service must comply with all applicable laws, rules and regulations.

If you are allowed to link to the Service, you must do so in a fair and legal way and in accordance with our Terms and must not damage our reputation or take advantage of our reputation or suggest any form of association, approval or endorsement by us. The website from which you link, or the website to which you make certain content accessible, must comply in all respects with the content standards set out in these Terms.

You agree to cooperate with us to immediately cease any unauthorized display of or linking to our Services or content. We reserve the right to withdraw permission without notice and we may disable all or any social media features and any links at any time in our sole discretion without notice.

Linked Sites

The Service may provide links to other third-party websites ("Linked Sites"). Sun Bum has not reviewed all of the information on the Linked Sites, does not maintain the Linked Sites and has no control over the completeness, accuracy or security of the content on any Linked Site. The content of any Linked Site, including the materials and information contained therein, is the sole responsibility of the provider of that Linked Site. Sun Bum is not responsible for the content of any such Linked Site and the inclusion of any link to a Linked Site does not imply endorsement by Sun Bum of that Linked Site. The views and opinions expressed in the Linked Sites are those of the author or third party and do not necessarily reflect the official policy or position of Sun Bum. If you decide to access any Linked Site, you do so entirely at your own risk. References to any third-party names, trademarks, products or services, third-party information or Linked Sites are provided solely as a convenience to you and do not constitute or imply an endorsement, sponsorship, recommendation or association with the third party or its products and services. Sun Bum makes no representations or warranties about the content, products or services of any Linked Site. You agree that Sun Bum shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such third-party content, products or services available on or through any Linked Site or similar resource.

To the extent permitted by applicable law, in no event shall we be liable for any direct, indirect, incidental or special loss or other damages resulting from the display, distribution or exploitation of any information or content contained in these third-party services, whether or not such loss or other damages arise out of negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights.

Prohibited Use

You may use the Service only for lawful purposes and in accordance with these Terms. You agree not to use the Service:

In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the U.S. or other countries).

To exploit, harm or attempt to exploit or harm minors in any way, such as by exposing them to inappropriate content, soliciting personally identifiable information, or otherwise.

To send, knowingly receive, upload, download, use or re-use any material that does not comply with the content standards set forth in these Terms.

To transmit or procure the sending of any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation, without our prior written consent.

To impersonate or attempt to impersonate Sun Bum, a Sun Bum employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).

To engage in any other conduct that restricts or inhibits anyone from using or enjoying the Service, or that we determine may harm Sun Bum or users of the Service or expose them to liability. Additionally, you agree not to:

Use the Services in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Services, including their ability to engage in real time activities through the Services.

Use any robot, spider or other automatic device, process or means to access the Services for any purpose, including monitoring or copying any of the material on the Services.

Use any manual process to monitor or copy any of the material on the Services, or for any other purpose not expressly authorized in these Terms, without our prior written consent.

Use any device, software or routine that interferes with the proper working of the Services.

Introduce any viruses, Trojan horses, worms, logic bombs or other material that is malicious or technologically harmful.

Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Services, the server on which the Services are stored, or any server, computer or database connected to the Services.

Attack the Services via a denial-of-service attack or a distributed denial-of-service attack.

Otherwise attempt to interfere with the proper working of the Services.

User Contributions

The Service may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features that allow users to post, submit, publish, display, or transmit content or materials to Sun Bum, other users, or others on or through the Service (collectively, “User Contributions”). Except for personally identifiable information, which is subject to our Privacy Policy, any such User Contributions, including without limitation any creative materials, information, suggestions, ideas, concepts, know-how, techniques, questions, comments, or other communications you transmit or post to or through the Service in any way, will be treated as non-confidential and non-proprietary. All User Contributions must comply with the content standards set forth in these Terms.

You may post and transmit User Contributions to others at your own risk. We cannot control the actions of other users of the Service with whom you may choose to share User Contributions. All User Contributions may be retained by us indefinitely, even after you terminate your account. By submitting any User Contributions, you grant Sun Bum a perpetual, worldwide, irrevocable, non-exclusive, royalty-free license to use the User Contributions in any way, including to create derivative works, without any compensation or notification to you. By providing any User Contributions on the Services, you grant us and our affiliates and service providers, and their and our respective licensees, successors and assigns the right to use, reproduce, transmit, publish, broadcast, develop, manufacture, market, modify, perform, display, distribute and otherwise disclose to third parties such materials for any purpose. Sun Bum takes no responsibility and assumes no liability for any User Contributions.

You further represent and warrant that:

You own or control all of the rights in and to the User Contributions and have the right to grant the license set forth above to us and our affiliates and service providers, and their and our respective licensees, successors and assigns.

All of your User Contributions shall and will comply with these Terms.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Sun Bum, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness.

We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Services.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms.

We have the right to:

Remove or refuse to post any User Contribution for any or no reason in our sole discretion.

Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms, including the Content Standards, infringes the intellectual property or other right of any person or entity, threatens the personal safety of users of the Service or the public, or could create liability for Sun Bum.

Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including intellectual property rights or rights of privacy.

Take appropriate legal action, including without limitation, seeking assistance from law enforcement, for any illegal or unauthorized use of the Service.

Terminate or suspend your access to all or part of the Service for any or no reason, including without limitation, for any violation of these Terms.

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 anyone posting any material on or through the Service. You waive and hold harmless SUN BUM and its affiliates, licensees and service providers from any claims arising from any actions taken by any of the foregoing parties during or as a result of investigations by them or law enforcement authorities.

We cannot review all content before it is posted on or through the Service, nor can we ensure prompt removal of objectionable content after it has been posted. Accordingly, we are not responsible for any action or inaction taken by any user or third party in connection with the transmission, communication or provision of content. We are not responsible or liable for performance or nonperformance of activities described in these Terms.

Content Standards

These content standards (the "Content Standards") apply to all User Contributions and use of the Service. User Contributions must fully comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:

Contain any defamatory, obscene, lewd, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable material.

Promote sexually explicit or obscene material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.

Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.

Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that may conflict with these Terms and our Privacy Policy.

May deceive any person.

Promote any illegal activity, or advocate, promote, or assist any illegal act.

Cause annoyance, inconvenience, or needless anxiety, or may upset, embarrass, alarm, or annoy any other person.

Impersonate any person, or misrepresent your identity or affiliation with any person or organization.

Involve commercial activities or sales, such as contests, sweepstakes, and other promotions, barter, or advertising.

Give the impression that they are from or endorsed by us or any other person or entity when this is not the case.

Post through a false email address, pretend to be someone else, or in any other context that could mislead us or third parties as to the origin of any User Contributions.

Sun Bum complies with the copyright notice and takedown procedures set forth in the United States Digital Millennium Copyright Act (DMCA), which applies to content reported and removed for infringement of U.S. copyrights. Please note that any notice or counter-notice you submit must be truthful and made under penalty of perjury. A false notice or counter-notice may result in personal liability. Therefore, you may wish to consult legal counsel before submitting a notice or counter-notice. We may share any notice and counter-notice you submit, including your contact information, with others. By submitting any notice, you agree that there is no privacy in the content you submit.

DMCA Takedown Notices

Content owners of copyrighted material, or their agents on their behalf, who believe that infringement has occurred on our Services may submit a DMCA notice to our registered copyright agent. The Abuse Team will only consider valid infringement reports, and you may submit a complete DMCA notice that includes all of the following points only if the representative sending the request is the content owner or an agent authorized to act on the copyright owner's behalf. If you are unsure whether Sun Bum controls the allegedly infringing content, please seek legal representation before contacting us. Pursuant to the DMCA, any notification of claimed infringement must be in writing and contain substantially the following, including a certification made under penalty of perjury:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed, and information sufficient to permit Sun Bum to determine the legitimacy of the signature and the identity of the signatory;

2. 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, including reference to applicable copyright registrations, if available;

3. 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 Sun Bum to locate the material, including timestamps and visible identification of the material in a screenshot or similar medium with all metadata intact, and a hyperlink or URL to the relevant website or online content;

4. Information reasonably sufficient to permit Sun Bum to contact the complaining party, including an email address, telephone number, and, if available, a physical mailing address;5. A statement that the complaining party has 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; and

6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Any such notification of claimed infringement must be sent to the following contact with the subject line “DMCA Notice:”

Ava Ortiz Copyright Agent

Email: Support@AvaOrtiz.shop

Address: 1265 Broadway #1A, New York, NY 10001

Phone: +1 917-409-0378

Please note that if any notification of claimed infringement does not meet the requirements set forth above, Sun Bum has no obligation to respond to or take action with respect to any such defective notification of claimed infringement.

DMCA Counter-Notification

If you receive a notification of claimed infringement, you may file a counter-notification with us pursuant to the Digital Millennium Copyright Act (DMCA). A counter notification must include the following, including a certification made under penalty of perjury:

1. Your physical or electronic signature and information sufficient to permit Sun Bum to determine the authenticity of the signature and the identity of the signer;

2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;

3. A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and

4. Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (i) if your address is within the United States; and (ii) if your address is outside the United States, for the Middle District of Florida; and that you will accept service of process from the complaining party or its authorized agent who filed the notification.

Any such counter-notification must be sent to:

Sun Bum Copyright Agent

Losey PLLC

1420 Edgewater Drive

Orlando, FL 32804

407-906-1605

dmca@losey.law

Information Collected About You

All information we collect through the Service is subject to our Privacy Policy. By using the Service, you consent to all actions we take with respect to your information consistent with our Privacy Policy.

Geographic Restrictions

Sun Bum is headquartered in the United States; therefore, we only provide the Service to users located in the United States. We make no representation that the Service or any of its content is accessible or appropriate outside of the United States. Access to the Service may not be legal for certain users or in certain countries. If you access the Service from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

SMS/MMS Mobile Messaging Program

Sun Bum offers a mobile messaging program (the “Program”) in connection with its various products. If you choose to join the Program, you agree to these Terms and consent to receive marketing text messages from us through our third-party service provider. The Program is an optional service and is not a condition of purchase. The Program allows you to receive SMS/MMS mobile messages by voluntarily and explicitly opting into the Program (e.g., through an online or application-based sign-up form). The messages we send you include marketing messages and may also include shopping cart abandonment messages and messages that allow you to make purchases using previously saved account information. Service-related messages may include updates, reminders, and information (e.g., order updates, account reminders, etc.). The frequency of messages may vary. You must have your own wireless device, be capable of two-way messaging, use a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all mobile phone carriers offer the services required to participate in the Program. Please check your phone capabilities for specific text messaging instructions.

Regardless of how you participate in the Program, you agree that these Terms apply to your participation in the Program. By participating in the Program, you consent to receive autodialed or prerecorded marketing mobile text messages at the phone number you opted in to, and you understand that consent is not required to purchase any item from Sun Bum. While you consent to receive text messages sent using an autodialer, the foregoing should not be construed to suggest or imply that some or all of Sun Bum's mobile text messages are sent using an automatic telephone dialing system ("ATDS" or "autodialer"). Text and data charges may apply. Please consult your mobile service provider's pricing plan to determine charges for browsing data and sending and receiving mobile text messages. In no event will we be responsible for any text messaging or wireless charges incurred by you or anyone who has access to your wireless device or phone number.

The data obtained in connection with your participation in this Program may include your mobile phone number, the name of your service provider, and the date, time, and content of text messages you send. We may use this information in accordance with our Privacy Policy to contact you and provide the services you request.

SMS/MMS Mobile Text Message Opt-Out. If you do not wish to continue participating in this Program, you agree to opt-out by replying "STOP" to any mobile text message from Ava Ortiz. You may receive another mobile text message confirming your decision to opt-out. You understand and agree that the above options are the only reasonable ways to opt-out. You also understand and agree that any other opt-out methods, including but not limited to sending text messages other than those described above or verbally requesting that our employees remove you from our lists, will not be considered a reasonable opt-out method.

Without limiting the scope of the Program, users who opt-in to the Program will receive marketing and sales information about digital and physical products, services, and events. Message and data rates may apply. The Program includes periodic text messages and may include additional periodic text messages based on your interactions with us. For support related to the Program, text "HELP" to the number you received the text messages from or email Support@AvaOrtiz.shop. Opt-outs are submitted in accordance with the above procedures.

The Program is provided "as is," may not be available in all areas at all times, and may not continue to work if your wireless carrier makes product, software, coverage or other changes. We are not responsible for any delays or failures in the receipt of mobile messages related to the Program. Ava Ortiz and its carriers are not responsible for delayed or non-delivered mobile messages.

We strive to comply with all applicable telemarketing laws, including, but not limited to, the Telephone Consumer Protection Act (“TCPA”), Florida Telemarketing Law, and Florida Do-Not-Call Law. To comply, you agree that we may assume that you are a resident of a state if (1) the shipping address you provide when you opt-in is located in that state, or (2) the area code of the telephone number you use to opt-in is in that state. You agree that if you do not meet any of the above criteria or have not provided us with written notice that you are a resident of that state, then the requirements of the state telemarketing law do not apply to you and you may not claim that you are a resident of that state. You further agree that our mobile messages sent in direct response to your mobile messages or requests (including, but not limited to, reply keywords, opt-in, help or stop requests, and shipping notifications) do not constitute "telemarketing calls" or "commercial telemarketing calls" (e.g., as defined under Florida Statutes Section 501 (including, but not limited to, Sections 501.059 and 501.616)), "telemarketing" (e.g., as defined under the TCPA and state laws, such as the Utah Telephone and Fax Marketing Act and the Washington Commercial Telemarketing Act), or other unsolicited calls or messages subject to telemarketing laws, to the extent such laws are relevant and applicable.

MMS Disclosure. If your mobile device does not support MMS messaging, the Program will send SMS TM (Termination Messages).

In addition, you agree to our Messaging Terms and Messaging Privacy Policy.

Disclaimer and Limitation of Liability

Your use of the Service is at your own risk. The Service and all services, information, goods and materials provided or purchased through the Service are provided to you "as is" without any express or warranties of any kind, and we disclaim all representations, warranties, terms and conditions, whether statutory or implied, with respect to the Service and all services, information, goods and materials provided through the Service, including representations and warranties of satisfactory quality, merchantability, fitness for a particular purpose, non-infringement and title, and with respect to products listed or purchased on or through the Service.

We do not warrant that the Service (or any part thereof) will be accurate, complete or error-free, or that any specific software or hardware will be compatible with the Service, and you hereby agree that it is your sole responsibility to: (A) obtain and pay for any software, hardware and services (including Internet connectivity) needed to access and use the Service; and (B) ensure that any software, hardware and services you use will work properly with the Service. The materials on the Service may be out of date, and Ava Ortiz makes no commitment or obligation to update such materials. Ava Ortiz does not warrant that the Service will be available, uninterrupted, free of viruses or other harmful components, or that your following of any instructions or descriptions on the Service will be successful. You agree that you must evaluate and bear all risks associated with the use of the Service, including any reliance on the accuracy, completeness, timeliness, or usefulness of any information or materials provided through the Service. Without limiting the foregoing, Ava Ortiz specifically disclaims any liability for product defects or failures, claims resulting from normal wear and tear, product misuse, abuse, product modification, improper product selection, non-compliance with any code, or misappropriation. Ava Ortiz makes no warranties to "consumers" as defined in the Magnuson-Moss Warranty Act. The foregoing exclusion of implied warranties does not apply to the extent prohibited by law.

FURTHERMORE, IN NO EVENT SHALL AVA ORTIZ, ITS RESPECTIVE MEMBERS, EMPLOYEES, AFFILIATES, AGENTS, SUCCESSORS, ASSIGNS, RETAIL PARTNERS OR ANY PARTY INVOLVED IN CREATING, PRODUCING OR TRANSMISSION OF THE SERVICE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES RELATED TO THE SERVICE, OR FOR LOSS OF PROFITS, USE, DATA, OTHER INTANGIBLES, BUSINESS INTERRUPTION, LOSS OF SECURITY OF INFORMATION CONNECTED WITH YOUR USE OF THE SERVICE OR UNAUTHORIZED INTERCEPTION OF SUCH INFORMATION BY ANY THIRD PARTY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. FURTHERMORE, WE WILL NOT BE LIABLE FOR ANY DAMAGES ARISING OUT OF YOUR USE OR INABILITY TO USE THE SERVICE, ANY INFORMATION OR MATERIALS ON THE SERVICE, ANY LINKED WEBSITES, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL SUCH LINKED WEBSITES. IN THE EVENT OF ANY PROBLEMS WITH THE SERVICE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICE IS TO DISCONTINUE USING THE SERVICE. FURTHERMORE, IN THE EVENT OF ANY PROBLEMS OR DISSATISFACTION WITH ANY PRODUCTS PURCHASED ON OR THROUGH THE SERVICE, YOU AGREE TH Our maximum liability for all damages, losses, and causes of action, whether based in contract, tort (including, but not limited to, negligence), or otherwise, shall be the total amount you paid to us, if any, for access and use of the Services.

Applicable law may not allow limitations on certain implied warranties or the exclusion or limitation of certain damages; only to the extent that such law applies to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have additional rights. If applicable law prohibits the limitation or exclusion of a party's liability for death or personal injury caused by its negligence, fraud, or any other matter, that party's liability shall not be limited or excluded to the extent prohibited by such applicable law.

If you are a California resident, you agree to knowingly release, release and hold harmless Ava Ortiz and its officers, directors, employees and agents from and against any claims, including attorneys’ fees and litigation expenses, arising out of or related to: (a) your use of the Service or activities related to the Service, including use of any goods, products or services purchased through the Service, (b) your violation of these Terms, including any misrepresentations made by you in connection with your use of the Service, (c) your violation of any law or the rights of a third party, and (d) the acts or omissions of any other user or third party. If you fail to promptly indemnify and defend a covered claim, Ava Ortiz will have the right to defend itself, in which case you will promptly reimburse Ava Ortiz for all related costs and expenses. Ava Ortiz reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

All Disputes Subject to Binding Arbitration; No Class Action Relief.

This clause is deemed a “written agreement to arbitrate” under the Federal Arbitration Act. You and we both agree that this clause complies with the “writing” requirement of the Federal Arbitration Act.

We believe that arbitration is a faster, more convenient, and less expensive way to resolve any dispute or disagreement you may have with us. Therefore, subject to these Terms, if you have any dispute or disagreement with us regarding (i) your use of or interaction with the Services, (ii) any subscription or other purchase, transaction or relationship related to your use of the Services, or (iii) any data or information you may provide to us or we may collect in connection with such use, interaction, subscription, purchase, transaction or relationship (collectively, a “Transaction or Relationship”), you will not be entitled to bring a claim in court or have a jury decide the claim, and you will not be entitled to bring or participate in any class action or similar proceeding in court or arbitration. By using or interacting with the Services, or engaging in any other transaction or relationship with us, you agree to be bound by arbitration as described below.

We will make every reasonable effort to resolve any complaint, dispute or disagreement you may have with us informally. If those efforts fail, by using the Services, you agree to resolve any complaint, dispute or disagreement you may have with us informally.The arbitration will be conducted by a single arbitrator administered by the American Arbitration Association (“JAMS”) and conducted in accordance with the JAMS Streamlined Arbitration Rules and Procedures in effect at the time the arbitration is initiated, or, if the amount in dispute exceeds $100,000, in accordance with the JAMS Comprehensive Arbitration Rules and Procedures then in effect (each, a “Governing Rule”). The Governing Rules are available at www.jamsadr.com. If JAMS no longer exists, the arbitration will be administered by the American Arbitration Association or its successor (“AAA”) and conducted in accordance with the AAA Commercial Arbitration Rules then in effect (in which case the “Governing Rules”). If JAMS (or AAA, as applicable) has established minimum standards of procedural fairness for consumer arbitrations applicable to the subject matter of the dispute at the time the arbitration is filed, we agree to provide you with the benefit of such minimum standards to the extent that they are more favorable than similar arbitration provisions set forth in this section, provided that in no event will such minimum standards violate or limit the application of subsections (e) or (i) below. In addition, this section does not prevent either party from seeking interim relief (i.e., a temporary restraining order or preliminary injunction) from a court of competent jurisdiction. You further agree that:

a. One Arbitrator.

The arbitration shall be conducted by one arbitrator (the “Arbitrator”) selected in accordance with the Applicable Rules or as mutually agreed upon by you and us.

b. The Arbitrator will interpret this Agreement.

The Arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve any dispute arising out of or relating to the validity, interpretation, applicability, enforceability or formation of these Terms or the arbitration provision, including, but not limited to, any claim that all or any part of these Terms is void or voidable.

c. Location of Arbitration.

The arbitration shall be conducted in either: (i) a location determined in accordance with the Applicable Rules (provided that such location is reasonably convenient for you and is not more than 100 miles from your residence or place of business); or (ii) at another location mutually agreed upon by you and us; or (iii) at your option, by telephone or written submissions if you are the only person asserting a claim in the arbitration and the total amount of the claim is less than $10,000.

d. Governing Law.

The arbitrator (i) shall apply the internal laws of the State of Florida consistent with the Federal Arbitration Act and applicable statutes of limitations, or, to the extent federal law predominates (if any), the laws of the United States, without regard to any conflicts of law principles; (ii) shall entertain any motion to dismiss, motion to vacate, motion for judgment on the complaint, motion for summary judgment in whole or in part, motion for summary determination, or any other dispositive motion consistent with Florida or federal procedural rules, as applicable; (iii) shall honor claims of privilege recognized at law; and (iv) shall have the authority to grant any form of legal or equitable relief.

e. No Class Action Relief.

The arbitration may only resolve your or our individual claims, and the arbitrator shall not have the authority to entertain or arbitrate any claim on a class or representative basis or to consolidate or join the claims of other persons or parties who may be similarly situated.

f. Written Award.

The arbitrator shall issue a written award accompanied by a statement of decision setting forth the arbitrator’s complete determination of the Dispute and the findings of fact and conclusions of law relevant to the Dispute (“Award”). Judgment on the award may be entered in any court with jurisdiction over the parties or their assets.

g. Costs of Arbitration.

If you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, we will pay the filing and hearing fees associated with the arbitration as the arbitrator determines are necessary to prevent the arbitration from being cost-prohibitive, regardless of the outcome of the arbitration, unless the arbitrator determines that your claim was frivolous or brought in bad faith.

h. Reasonable Attorneys' Fees.

If you obtain an award that is greater than our last written settlement offer, the arbitrator will also be entitled to include in the award our reimbursement of your reasonable and actual out-of-pocket attorneys' fees associated with the arbitration, but in any event we will bear our own attorneys' fees.

i. Interpretation and Enforcement of Arbitration Provision.

Except for subsection (e) above, if any part of this arbitration provision is deemed invalid, unenforceable or illegal, or conflicts with applicable rules, then the remainder of this arbitration provision will remain in effect and will be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not included. However, if subsection (e) is held to be invalid, unenforceable, or illegal, then the entirety of this arbitration provision will be null and void, and neither you nor we will be entitled to arbitrate any dispute between us and you, and instead must bring any claim in accordance with subsection (k) below and the “Dispute Resolution (Only If the Arbitrator Decides that Applicable Law Prohibits Arbitration)” section.

j. Modification of Arbitration Provisions by Notice.

We may modify these arbitration provisions, but such modifications will only be effective thirty (30) days after we send notice of the modification and will only apply to claims arising out of transactions or relationships that occurred after the effective date of such notice. If any modification made pursuant to this section (j) is held to be invalid, unenforceable, or illegal, then you agree that the arbitration provision in effect at the time of these Terms will govern any dispute or controversy between you and us regarding such transactions or relationships.

k. Small Claims Matters Excluded. No Class Action Relief or Recourse.

Notwithstanding the arbitration provisions above, you may choose to bring any claim for damages against us in a local U.S. small claims court, provided that your claim is within the jurisdiction of such court; provided, however, that such court shall not have the authority to entertain any class or representative claim, or to consolidate or join the claims of other individuals or parties who may be similarly situated in such proceeding.

l. Confidentiality of Arbitration.

You and we agree to maintain confidentiality with respect to the arbitration and not to disclose the facts of the arbitration, any documents exchanged as part of any mediation, the arbitration proceedings, the arbitrator’s decision, and the existence or amount of any award, except as necessary to prepare for or conduct the arbitration (in which case any person who becomes aware of such confidential information shall be required to keep it confidential), or as necessary to apply to a court for interim relief, to bring a judicial challenge to an award or its enforcement, or as otherwise required by applicable law or court order.

Dispute Resolution (Only If the Arbitration Tribunal Decides that Applicable Law Prohibits Arbitration)

This section applies only to the extent that a court of competent jurisdiction finds that applicable law prohibits arbitration of a dispute pursuant to the provisions of the preceding section regarding arbitration.

In the event of any dispute, allegation or claim (including any non-contractual claim) arising out of or relating to the Services, Content, these Terms or any of our actual or alleged intellectual property rights (collectively, a “Non-Arbitration Dispute”), you and we agree to send each other a written notice providing a reasonable description of the Non-Arbitration Dispute and a proposed resolution. We will send you the notice using the most recent contact information you have provided. However, if such information is not available or is not current, we will have no obligation under these Terms. Your notice must be sent to: Support@AvaOrtiz.shop

Within sixty (60) days of receiving the other party’s notice, we and you will engage in a dialogue to attempt to resolve the Non-Arbitration Dispute, but neither you nor we will require that the Non-Arbitration Dispute be resolved on terms that you and we, in our sole discretion, are not satisfied with.

b. Jurisdiction.

The parties agree that the state of Florida or federal courts shall have non-exclusive jurisdiction over any Non-Arbitration Dispute.

c. Governing Law.

To the maximum extent permitted by mandatory law in your country, these Terms and any non-arbitration disputes (including non-contractual disputes) arising out of or relating to these Terms or their subject matter or formation will be governed by and construed in accordance with the laws of the United States and the State of Florida, without regard to its conflict of law provisions.

d. Injunctive Relief.

The foregoing provisions of this section will not apply to any legal action by us to seek an injunction or other equitable relief for any loss, expense, or damage (or any potential loss, expense, or damage) related to the Services, any Content, your User Contributions, or our intellectual property rights (including rights we may assert that may be in dispute), our operations, or our products or services.

Additional Terms

Ava Ortiz's failure to enforce any term or condition set forth in these Terms will not be deemed a waiver of such term or condition or a waiver of any other term or condition.

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms will continue in full force and effect.

These Terms and our Privacy Policy constitute the sole and entire agreement between you and Ava Ortiz with respect to the Services and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Services. You may be subject to additional terms and conditions when you purchase products or participate in sweepstakes, contests or other promotions.

By accessing the Services, you agree that the laws of the United States and the State of Florida, without regard to principles of conflict of laws, will apply to these Terms and all matters relating to the Services.

Subject to the arbitration provision above, except for small claims actions permitted therein, any action or proceeding arising out of, related to or connected with these Terms will be brought exclusively in the federal or state courts located in Orange County, Florida, and you irrevocably consent to the personal jurisdiction of such courts and agree that this is a convenient forum and that you will not seek to have such action or proceeding moved to any other court or jurisdiction based on the doctrine of forum non conveniens or otherwise.

You agree that regardless of any statute or law providing a different statute of limitations, to the maximum extent permitted by applicable law, any claim or cause of action (including any arbitration) arising out of, related to, or connected with use of the Services, these Terms, or other transactions or relationships must be filed within one (1) year after such claim or cause of action arose or be forever barred.

We may provide you with information related to your account and the Services only in electronic form. You agree that such notices and other communications sent electronically satisfy all legal communication requirements, including that they must be in writing.

Email: Support@AvaOrtiz.shop

Address: 1265 Broadway #1A, New York, NY 10001

Phone: +1 917-409-0378

All notices of claimed copyright infringement should be sent to the designated copyright agent in the manner and method set forth in our Copyright Complaint and DMCA Copyright Agent Policy.

All other feedback, comments, requests for technical support, and other communications related to the Services should be sent to: Support@AvaOrtiz.shop.

Although Ava Ortiz is able to receive your communications in most cases, we do not guarantee that we will receive such communications in a timely and accurate manner and assume no legal obligation to read, process or respond to any such email or other messages. Please note that email communications you send to us may not be secure and will not be treated as confidential.