Terms & Conditions
This website is operated by Achieve Ascent Associates LLC. Throughout the site, the terms “we”, “us” and “our” refer to Achieve Ascent Associates LLC. Achieve Ascent Associates LLC offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you
are at least the age of majority in your state or province of
residence, or that you are the age of majority in your state
or province of residence and you have given us your consent to
allow any of your minor dependents to use this site.
You
may not use our products for any illegal or unauthorized
purpose nor may you, in the use of the Service, violate any
laws in your jurisdiction (including but not limited to
copyright laws).
You must not transmit any worms or
viruses or any code of a destructive nature.
A breach or
violation of any of the Terms will result in an immediate
termination of your Services
GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any
reason at any time.
You understand that your content (not
including credit card information), may be transferred
unencrypted and involve (a) transmissions over various
networks; and (b) changes to conform and adapt to technical
requirements of connecting networks or devices. Credit card
information is always encrypted during transfer over
networks.
You agree not to reproduce, duplicate, copy,
sell, resell or exploit any portion of the Service, use of the
Service, or access to the Service or any contact on the
website through which the service is provided, without express
written permission by us.
The headings used in this
agreement are included for convenience only and will not limit
or otherwise affect these Terms.
ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this
site is not accurate, complete or current. The material on
this site 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 this site is at your own risk.
This
site may contain certain historical information. Historical
information, necessarily, is not current and is provided for
your reference only. We reserve the right to modify the
contents of this site at any time, but we have no obligation
to update any information on our site. You agree that it is
your responsibility to monitor changes to our site.
MODIFICATIONS TO THE SERVICE
We reserve the right at any time to modify or discontinue the
Service (or any part or content thereof) without notice at any
time.
We shall not be liable to you or to any third-party
for any modification, suspension or discontinuance of the
Service.
PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively
online through the website. These products or services may
have limited quantities and are subject to return or exchange
only according to our Return Policy.
We have made every
effort to display as accurately as possible the colors and
images of our products that appear at the store. We cannot
guarantee that your computer monitor’s display of any color
will be accurate.
We reserve the right, but are not
obligated, to limit the sales of our products or Services 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 any products or services that we
offer. All descriptions of products or product pricing are
subject to change at anytime without notice, at the sole
discretion of us. We reserve the right to discontinue any
product at any time. Any offer for any product or service made
on this site is void where prohibited.
We do not warrant
that the quality of any products, services, information, or
other material purchased or obtained by you will meet your
expectations, or that any errors in the Service will be
corrected.
SHIPPING TERMS
Orders are generally shipped within 3 business days (Monday through Friday) using USPS standard mail service. Shipping time is estimated to be 3-5 business days. Please be advised that shipments are not sent on Saturdays, Sundays, or any Holidays. Achieve Ascent Associates LLC does not guarantee specific arrival dates or times.
PRODUCTS OFFERED
CONTACTING CUSTOMER CARE / BILLING:
You may contact our customer care department by using our toll free phone number. Toll Free Customer Care phone: support@achieveascentassociates.com
RETURNS
To return an item, please email customer service at to obtain a Return Merchandise Authorization (RMA) number. After receiving a RMA number, place the item securely in its original packaging [and include your proof of purchase], and mail your return the following address:
13449 155th St. #2, Jamaica, NY 11434, USA
Please note, you will be responsible for all return shipping charges.
REFUNDS
We will refund when the received package containing the originally ordered product(s), either opened or unopened, postmarked within 30 days of the received date and the included RMA number obtained from customer service. We refund all cases of fraud and unauthorized transactions included shipping and handling charges. Customers are restricted to receiving a single refund per product ordered. Repetitive refunds are not permitted unless the product, as delivered to you, is defective. We reserve the right to refuse a refund to any customer who repeatedly requests refunds or who, in our judgment, requests refunds in bad faith. In order to process your refund, you must supply us with your name and delivery address. If you provide us with insufficient or incorrect information your refund will be delayed. Once a refund has been approved please allow for up to 5 business days for refund to apply. Depending on the bank that issued the credit card, your refund can take up to 5 business days to appears on your credit card statement. If you have any questions about whether a refund has been issued by us, please call our customer service department. Shipping and handling costs are not refundable.
ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. 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.
For more detail, please review our Returns Policy.
OPTIONAL TOOLS
We may provide you with access to third-party tools over which
we neither monitor nor have any control nor input.
You
acknowledge and agree that we provide access to such tools ”as
is” and “as available” without any warranties, representations
or conditions of any kind and without any endorsement. We
shall have no liability whatsoever arising from or relating to
your use of optional third-party tools.
Any use by you of
optional tools offered through the site is entirely at your
own risk and discretion and you should ensure that you are
familiar with and approve of the terms on which tools are
provided by the relevant third-party provider(s).
THIRD-PARTY LINKS
Certain content, products and services available via our
Service may include materials from third-parties.
Third-party
links on this site may direct you to third-party websites that
are not affiliated with us. We are not responsible for
examining or evaluating the content or accuracy and we do not
warrant and will not have any liability or responsibility for
any third-party materials or websites, or for any other
materials, products, or services of third-parties.
We are
not liable for any harm or damages related to the purchase or
use of goods, services, resources, content, or any other
transactions made in connection with any third-party websites.
Please review carefully the third-party’s policies and
practices and make sure you understand them before you engage
in any transaction. Complaints, claims, concerns, or questions
regarding third-party products should be directed to the
third-party.
USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for
example contest entries) or without a request from us you send
creative ideas, suggestions, proposals, plans, or other
materials, whether online, by email, by postal mail, or
otherwise (collectively, ‘comments’), you agree that we may,
at any time, without restriction, edit, copy, publish,
distribute, translate and otherwise use in any medium any
comments that you forward to us. We are and shall be under no
obligation (1) to maintain any comments in confidence; (2) to
pay compensation for any comments; or (3) to respond to any
comments.
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
of Service.
You agree that your comments will not violate
any right of any third-party, including copyright, trademark,
privacy, personality or other personal or proprietary right.
You further agree that your comments will not contain libelous
or otherwise unlawful, abusive or obscene material, or contain
any computer virus or other malware that could in any way
affect the operation of the Service or any related website.
You may not use a false e-mail address, pretend to be someone
other than yourself, or otherwise mislead us or third-parties
as to the origin of any comments. You are solely responsible
for any comments you make and their accuracy. We take no
responsibility and assume no liability for any comments posted
by you or any third-party.
PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. View our Privacy Policy.
ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the
Service that contains typographical errors, inaccuracies or
omissions that may relate to product descriptions, pricing,
promotions, offers, product shipping charges, transit times
and availability. We reserve the right to correct any errors,
inaccuracies or omissions, and to change or update information
or cancel orders if any information in the Service or on any
related website is inaccurate at any time without prior notice
(including after you have submitted your order).
We
undertake no obligation to update, amend or clarify
information in the Service or on any related website,
including without limitation, pricing information, except as
required by law. No specified update or refresh date applied
in the Service or on any related website, should be taken to
indicate that all information in the Service or on any related
website has been modified or updated.
PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our
service will be uninterrupted, timely, secure or
error-free.
We do not warrant that the results that may
be obtained from the use of the service will be accurate or
reliable.
You agree that from time to time we may remove
the service for indefinite periods of time or cancel the
service at any time, without notice to you.
You expressly
agree that your use of, or inability to use, the service is at
your sole risk. The service and all products and services
delivered to you through the service are (except as expressly
stated by us) provided ‘as is’ and ‘as available’ for your
use, without any representation, warranties or conditions of
any kind, either express or implied, including all implied
warranties or conditions of merchantability, merchantable
quality, fitness for a particular purpose, durability, title,
and non-infringement.
In no case
shall Achieve Ascent Associates LLC, our directors, officers,
employees, affiliates, agents, contractors, interns,
suppliers, service providers or licensors be liable for any
injury, loss, claim, or any direct, indirect, incidental,
punitive, special, or consequential damages of any kind,
including, without limitation lost profits, lost revenue, lost
savings, loss of data, replacement costs, or any similar
damages, whether based in contract, tort (including
negligence), strict liability or otherwise, arising from your
use of any of the service or any products procured using the
service, or for any other claim related in any way to your use
of the service or any product, including, but not limited to,
any errors or omissions in any content, or any loss or damage
of any kind incurred as a result of the use of the service or
any content (or product) posted, transmitted, or otherwise
made available via the service, even if advised of their
possibility. Because some states or jurisdictions do not allow
the exclusion or the limitation of liability for consequential
or incidental damages, in such states or jurisdictions, our
liability shall be limited to the maximum extent permitted by
law.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless Achieve Ascent Associates LLC and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
TERMINATION
The obligations and liabilities of the parties incurred prior
to the termination date shall survive the termination of this
agreement for all purposes.
These Terms of Service are
effective unless and until terminated by either you or us. You
may terminate these Terms of Service at any time by notifying
us that you no longer wish to use our Services, or when you
cease using our site.
If in our sole judgment you fail,
or we suspect that you have failed, to comply with any term or
provision of these Terms of Service, we also may terminate
this agreement at any time without notice and you will remain
liable for all amounts due up to and including the date of
termination; and/or accordingly may deny you access to our
Services (or any part thereof).
ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or
provision of these Terms of Service shall not constitute a
waiver of such right or provision.
These Terms of Service
and any policies or operating rules posted by us on this site
or in respect to The Service constitutes the entire agreement
and understanding between you and us and govern your use of
the Service, superseding any prior or contemporaneous
agreements, communications and proposals, whether oral or
written, between you and us (including, but not limited to,
any prior versions of the Terms of Service).
Any
ambiguities in the interpretation of these Terms of Service
shall not be construed against the drafting party.
CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at